My daughter called an agent to see one of his listings and he showed her that one along with another one in the complex. My daughter then tried to call the agent to set a time to look at some listings but he was on vacation and he didn't work weekends. Our daughter could only go to see listings on the weekends because of her work schedule, but this didn't matter to the agent. He also referred her to speak with his assistant about contacting a mortgage company, the assistant told my daughter that she had to get hold of the mortgage company and that was all she would do was give my daughter the mortgage company's phone number.My daugher got fed up and found another realtor and put a bid the second townhouse the first agent showed her after working with her current agent and looking at numerous listings much further away. Her new agent also pointed out helpful things to ask for such as a garage door opener(something the other agent never even said a word about). We had also asked the original agent how big the water heater was (he said he didn't have a clue), the new agent went and checked it out and let us know exactly how big it was. He was very helpful for our daugher.Now the problem, the first agent is MAD he feels that he deserves the $3000 commission for the one hour of time that he spent showing our daughter that property even though he didn't register her and my daughter never signed an agreement saying she would use him. He is filing a complaint with the realtor's association.I can't believe that she doesn't even have the right to fire a lousy agent who wouldn't even make himself available when she was able to look at listings?Can he get away with this? She is located in Orlando, FL

My daughter called an agent to see one of his listings and he showed her that one along with another one in the complex. My daughter then tried to call the agent to set a time to look at some listings but he was on vacation and he didn't work weekends. Our daughter could only go to see listings on the weekends because of her work schedule, but this didn't matter to the agent. He also referred her to speak with his assistant about contacting a mortgage company, the assistant told my daughter that she had to get hold of the mortgage company and that was all she would do was give my daughter the mortgage company's phone number.My daugher got fed up and found another realtor and put a bid the second townhouse the first agent showed her after working with her current agent and looking at numerous listings much further away. Her new agent also pointed out helpful things to ask for such as a garage door opener(something the other agent never even said a word about). We had also asked the original agent how big the water heater was (he said he didn't have a clue), the new agent went and checked it out and let us know exactly how big it was. He was very helpful for our daugher.Now the problem, the first agent is MAD he feels that he deserves the $3000 commission for the one hour of time that he spent showing our daughter that property even though he didn't register her and my daughter never signed an agreement saying she would use him. He is filing a complaint with the realtor's association.I can't believe that she doesn't even have the right to fire a lousy agent who wouldn't even make himself available when she was able to look at listings?Can he get away with this? She is located in Orlando, FL

LMAO. I think this female agent is an old woman or an ugly chick who's not smart enough to "sell ice to Eskimos". I loved to see the "Go Daddy girl" who almost quadrupled the company overall sales ha!

**Laguna Niguel Real Estate´s last blog post..Dana Point 2009 Doheny Blues Festival…</abbr></abbr>

I have a different issue of sorts with a BBA. I contacted a Realtor looking to buy a home with zero down payment because I just do not have 3-5% down right now. So, the funding person in the office contacted me to find out my qualifications for a loan...I was pre-qualified (or so he said) after paying off a couple of credit cards to bring my score up a bit. The funding person said we would have to act real fast as the seller-funded DPA was going away at the end of September. So, the realtor assigned a broker to show me houses which I have been doing for the past 2 weeks. I have made offers on 4 houses all of which were declined. Throughout this process my broker really isn't the problem, she has shown me houses in my price range and we made 4 offers as I mentioned above which were declined. My problem is with the funding person in her office. Last week he called me on the phone a bit angry asking me of my intentions, as he heard from the title person in the office that if this doesn't work out then I would be looking at lease houses instead...this is true, if I could not find a home in time to even qualify for the zero down then I would be looking at lease houses because my lease is up in December. The funding person went so far as to say: "I need to know your intentions on this thing, I have already spent 250.00 out of my own pocket to get this funded, I have children to feed." First of all, there is nothing to fund as not 1 single offer was accepted by a seller, I have not signed any loan paperwork, only provided all documents to the funding person so when/if I did have an offer accepted we could act fast in getting the loan application submitted quickly. The 2nd to the last house I made an offer on last week, I did provide a check to the title company for 500.00 for escrow which as of this Friday was not deposited...good thing, because this offer was not accepted. I did let them hold onto the check in case another offer was accepted so they would have everything they need.

I have literally made myself sick looking at homes during all my spare time, Friday I was diagnosed with an upper respiratory infection and bronchitis. On Friday my broker called me to say she had no more houses to show me, but the funding person says that we still have until Monday to submit a loan application for the zero down...seller-funded DPA. I told my broker I am sick, and am not able to look at houses this weekend. Not too long after this phone call from my broker, I get an email with a link to a house in an area I am not interested in buying a home...I responded again telling my broker that I am too sick to look at houses, and even though she says that the lender says we still have until Monday to submit a loan application (with an accepted contract) that I seriously doubt anything is going to happen before Monday...after all, we have had 4 offers declined. I also said in my email that I would like to set time up for me to pick up my 500.00 check made out to the title company as I do not want that floating around.

Today is Sunday, and my broker has not yet responded to that last email. However, the funding person in her office called me last night to say he found a really nice house not too far from where I live, after describing the house to me...I told him I knew exactly what house he was talking about, it is next door to where my sister currently lives, it backs up to a busy street and I knew the previous owner and how he treated the home before it was foreclosed on, and on top oif that the construction that has gone on for the expansion of that buy street has driven rats onto all of the properties that back up to it, my sister has been fighting rats for many months now...I told the funding person I am not interested in this house at all.

At this point in time, I feel like I have been rushed through this process...I have made 4 offers on houses that have been declined, I feel so uncomfortable with the way the funding person has been towards me, and even after I tild my broker that I am too sick to look at houses right now, they keep pushing me.

My husband and I have decided to either have our current lease extended for 6 months, or stay in this leased house on a month to month basis until we can pay a 3-5% down paymeny on a home. During this entire process, no one mentioned to me exactly what the seller-funded DPA was and how that works...not one time during this process did anyone tell me that I would be upside down on the loan (if it actually went through) from the start and it would take me at least 1 year to break even. After doing a little research on the seller-funded DPA, I really wish someone in this office would have explained it to me, I certainly would not have gone down this road.

I have signed a BBA with no intermediary status with my broker for the standard 6 months, I do not see a "fire me" clause any where in this contract. I cannot find any information on the laws for the state of Texas which would enlighten me as to my legal rights concerning this BBA I have signed. It makes me very nervous that my broker has not responded to my last email, and the funding person contacted me last night about a house. I do have questions, is there any way this broker can hold me liable for commission if I am now not going to buy a house? Is there any way the title comany can keep my earnest money and deposit into escrow...mind you I have no offer that has been accepted, and no contract with a seller.

I can say this, when my husband and I are ready and have a 3-5% down payment in the next 6-8 months...my experience with this combined broker/funding/title company is telling me NOT to use their services and to find someone else to help me. Any advice would be GREATLY appreciated.

Here in NJ, many agents would sell their mother's soul to get a listing or a sale. One agent will try to steal the customer from another agent in a heart beat - doesn't matter if the agent is good or bad. The back biting in this business makes me wonder if I am not already in hell. Matt 25:30 "And throw that worthless servant outside, into the darkness, where there will be weeping and gnashing of teeth"

In New Jersey, as long as the buyer does not wish to buy any of the homes that the bad agent has shown them, there is not a problem. Fire the bad REALTOR and move on to a different one that better fits your needs.

Keep the customer happy. That's the secret. Then they'll keep coming back. There is a big difference between being a salesman and a consultant.

It just makes me sick to know that the majority of agents out there have it all wrong. The work as sales people rather than consultants. This industry wouldn't be a mess if people just figured this out.

Susan there was once a upon a time when an agent could sit at the "up" desk and get customer leads by call in's from yard signs or advertising in print or internet. Now, we are all told to rely on our sphere of influence - that means recommendations and repeat business. And that is the only business I have had in a long long time.

As for fixing a broke system - it ain't gonna happen by joining a committee that is also broken.

For Heavens Sake, this is ridiculous. No-one should have to get their mortgage offer changed to get their realtor to show them the properties they want to see. I am not really sure what she is gaining anyway; We all have to SELL to make a living, but we also rely somewhat on recommendations and repeat business.

Now for a shameless plug… Any Realtor Member that truly cares for the real estate industry and has concerns about the reputation and practice of said industry ought to seriously look into participating in Pro-Standards and Ethics.

Man! This just gets my goat. Why doesn't this home buyer just buy the more expensive home the agent showed him? If he can't make the payments the Government will bail him out. ;-)

And, everyone knows the COE is just a bunch of poop to protect one agent from the wrong doings of another agent and give the broker of record immunity. The NAR along with the state and local tentacles does not care about the buyer and seller. If they did the COE would only need the first ten articles.

One shouldn't be allowed to be held hostage by a piece of paper and clients should always ask for an easy out clause (as Jay mentioned he does for listings, as do I) for BBA.

Some states, like CA, have an additional form that you can fax to an agent to fire your previous agent. This makes it easy and non confrontational.

Our team uses BBA with an easy exit firing clause just so we know who is committed to the process.

Andrew... I like your line of thinking. Communication is the key. I think a simple email notifying the Realtor that didn't show homes in the clients preferred price range would most likely lead a hearing panel or an arbitration panel to conclude that the client was abandoned by the original Realtor and the BBA (although I can't speak for all other panelists).

I won't speak to what might happen in a court since that is what you are the expert of.

While I really enjoy my participation in hearing panels and the Professional Standards Committee... I'm not on any real crusade to get Members thrown out of the industry. I believe that I'm fair in my role and allow for the evidence and testimony to lead me to any decision. It is when the evidence and testimony proves that a severe and intentional violation has taken place that gets me worked up enough to suggest throwing the book at the violator.

Now for a shameless plug... Any Realtor Member that truly cares for the real estate industry and has concerns about the reputation and practice of said industry ought to seriously look into participating in Pro-Standards and Ethics. In Arizona, the Pro-Standards Committee is state wide... in other areas Standards and Ethics may be handled regionally or even locally.

Now... I've volunteered for many different things Association related since I've been a Member (local board of directors, regional MLS director, current state executive committee member, government affairs committee chair, just to name a few) but no other experience has been as gratifying to my participation as service to the Pro-Standards Committee. This experience alone has raised my standard of service to my clients to a higher level than might be otherwise. The last place I ever want to be is on the other side of the table at a hearing panel as the Respondent (but that is not to say that all Respondent's are in violation, but working to represent my clients best interest and treat all parties fairly certainly goes a long way in avoiding the experience of sitting in that chair at a hearing).

Most of my clients don't even know of my participation on the Pro-Standards Committee, yet I'd venture to say that they most likely appreciate the experience I have gained because of it.

This is a great post, with some good comments. It's always important for consumers to know their rights in contracts and how to get out of them if necessary.

I suspect that it's actually pretty easy for someone to get out of Buyer Broker Agreement. Just thinking about the law of brokers, I don't think a contract would actually be enforceable if it didn't provide a way for the buyer to get out of it. Now if the buyer ends up purchasing a property that the original broker originally showed him, that obviously causes difficult questions about who gets compensated.

As an aside for just a second... I only use BBA's with clients to establish the fees that a client promises to pay my broker... but yes, fire me clauses are included.

As to the main point. The public only really needs to be aware of one thing... did their practicioner represent the client needs and were they treated fairly in the process. That is it.

If they feel that they weren't, then the public NEEDS to know that they can lodge a possible complaint against their agent/broker at the local Association. Ahhh... but yes, that can be daunting, tedious, or whatever... I agree. However the Association office has to be competent enough to help the client (or other Realtor party -- not all violations come from the public) to properly inform and follow though on behalf of the client for the process. Members must be vigilant and put some kind of pressure on the Association to serve the complaining party. The last thing I want my local Association doing is talking clients out of making a complaint or complicating the process so much that the client decides to just let it go... that doesn't help the situation at all.

I'm guessing that there is going to be many more complaints lodged than normal (people are human and will look to blame others for things that may not have worked out in their favor)... and many of them won't actually be valid complaints against the Code. Still, it seems that one way to improve public relations on possible violations is to actually listen to the public (gee... novel concept).

Realtor Members don't even need to know all the ins and outs of the Codes convoluted terminology, they just need to remember that they must treat all parties fairly and protect their clients best interest up front and center (again... a novel concept). If Members can't figure that part out then they should know that there could be serious repercussions that could lead to heavy fines and/or suspensions (who really can afford to pay a big fine in this business environment??).

I think the Code can work (it is designed to after all), but it won't be the public that will make it work. It will be the Members. I believe that Members should file complaints against other Members deemed to be in violation ON BEHALF OF THE PUBLIC when necessary. A violation is a violation... it does NOT matter who was violated (or allegedly violated).

Now I'm not advocating that Members go around and file complaints against their competition as a way to gain market share or to simply be a tattle-tale. But if Members are aware of a blatant violation and it is something that is harmful to the industry... it is a duty of the Member to do something about it.

That is all for now... but your suggestion to the person that emailed you of going to the broker is really the first best step.

Natalie - I agree with you. I'm not a big fan of the BBA, and if I do use them, I provide a simple "fire me" clause (ditto with a listing agreement). I prefer to let my service speak for itself. Yes, I've been burned and lost commission because I don't use BBAs, so I do understand why some do. However to lock in a client with a piece of paper is just wrong, in my humble opinion. If someone doesn't want me representing them, I can't fathom how forcing them into representation is good business.

Todd - Thanks for the great comment, and I look forward to your posts. Emails like this one bother me. It's sad that someone has to go through what this guy is experiencing. There was more to his email that included comments like, "no wonder real estate agents have a bad name". How any agent can think they are serving their clients needs when they say things like, "you won't be happy with a smaller home" is beyond me.

I think part of the COEs problem is due to it's bloated length and convoluted terminology. If agents don't understand it, I don't think we can expect consumers to either. And IMHO, they shouldn't have to know that if their Realtor does X, they've violated Article Y of the COE.

I can't speak for any association other than my own, but filing a complaint is a tedious process, and one most consumers don't want/need to endure. All this guy wants is an agent that will listen to him and help him. I want to believe that the vast majority will, but sadly (as in any profession) there are some that won't. I think talking to the broker is a logical first step. Virtually any broker out there would want to know what is happening. But another sad fact is that there are many brokers that would simply assign a new agent and that would be the extent of it. No counseling of the offending agent, no ramifications for a subsequent violation, no nothing. Part of that is due to the "traditional" brokerage model and the simple fact that many brokers have zero experience in employee relations. (realizing of course that most agents are independent contractors -- but that shouldn't excuse the brokers responsibility in supervising their "employees".)

Poor service is not against the 'Code of Ethics' but the pledge to protect the best interests of the client is right there in Article 1. If a client is asking to see homes/property priced lower than what they qualify for and the agent does not comply... I kind of think the best interest of the client is not being protected.

Also the buyer indicates that he/she doesn't have a copy of the agreement between them and the agent. If they were to ask for it again and not receive it then there is a possible Article 9 violation.

It is a pain in the butt, but this buyer should compile a list of things that their agent has NOT done for them according to their interest and desire. Perhaps have an email communication from the buyer to the agent that speaks to the complaints and (hopefully) gets a response. If push figuratively comes to shove then the buyer can file a complaint at the local Realtor Association.

If the buyer in this situation at least does this... then I think they'd be in a better position to at least hire a different agent to help them with their needs. There would still be a legal risk though in a court of law based on whatever agreement signed between the buyer and the agent.

Jay, as you might know, I'm a member of the Arizona Professional Standards Committee and recently became a hearing panel chair. I'm really into this kind of stuff, but I see the problem still being that clients don't have a clear understanding of the implications of a hearing and Code violations. To make it worse... Realtors as a whole don't seem to understand the concept either.

I'm going to start blogging about the subject in more detail to hopefully help offer a better perspective to everyone. You've spoken in the past about how rather easy it is to become a licensee in this state and while I don't necessarily disagree with you on that line of reasoning to help improve the industry... enforcing the Code can go a long way towards cleaning up this industry. But we all have to be a bit more vigilant (we being us the practitioners and the clients)... but we also need to have more understanding as to how to use the tools that we currently have to achieve the desired result.

It should be so much easier to just fire an agent. People shouldn't have to waste time or be forced to consult an attorney when an agent isn't listening or putting the client's needs first. Just think of how many lower priced homes might have worked for this person that they've now missed out on. Bummer...

My daughter called an agent to see one of his listings and he showed her that one along with another one in the complex. My daughter then tried to call the agent to set a time to look at some listings but he was on vacation and he didn't work weekends. Our daughter could only go to see listings on the weekends because of her work schedule, but this didn't matter to the agent. He also referred her to speak with his assistant about contacting a mortgage company, the assistant told my daughter that she had to get hold of the mortgage company and that was all she would do was give my daughter the mortgage company's phone number.My daugher got fed up and found another realtor and put a bid the second townhouse the first agent showed her after working with her current agent and looking at numerous listings much further away. Her new agent also pointed out helpful things to ask for such as a garage door opener(something the other agent never even said a word about). We had also asked the original agent how big the water heater was (he said he didn't have a clue), the new agent went and checked it out and let us know exactly how big it was. He was very helpful for our daugher.Now the problem, the first agent is MAD he feels that he deserves the $3000 commission for the one hour of time that he spent showing our daughter that property even though he didn't register her and my daughter never signed an agreement saying she would use him. He is filing a complaint with the realtor's association.I can't believe that she doesn't even have the right to fire a lousy agent who wouldn't even make himself available when she was able to look at listings?Can he get away with this? She is located in Orlando, FL

My daughter called an agent to see one of his listings and he showed her that one along with another one in the complex. My daughter then tried to call the agent to set a time to look at some listings but he was on vacation and he didn't work weekends. Our daughter could only go to see listings on the weekends because of her work schedule, but this didn't matter to the agent. He also referred her to speak with his assistant about contacting a mortgage company, the assistant told my daughter that she had to get hold of the mortgage company and that was all she would do was give my daughter the mortgage company's phone number.My daugher got fed up and found another realtor and put a bid the second townhouse the first agent showed her after working with her current agent and looking at numerous listings much further away. Her new agent also pointed out helpful things to ask for such as a garage door opener(something the other agent never even said a word about). We had also asked the original agent how big the water heater was (he said he didn't have a clue), the new agent went and checked it out and let us know exactly how big it was. He was very helpful for our daugher.Now the problem, the first agent is MAD he feels that he deserves the $3000 commission for the one hour of time that he spent showing our daughter that property even though he didn't register her and my daughter never signed an agreement saying she would use him. He is filing a complaint with the realtor's association.I can't believe that she doesn't even have the right to fire a lousy agent who wouldn't even make himself available when she was able to look at listings?Can he get away with this? She is located in Orlando, FL

LMAO. I think this female agent is an old woman or an ugly chick who's not smart enough to "sell ice to Eskimos". I loved to see the "Go Daddy girl" who almost quadrupled the company overall sales ha!

**Laguna Niguel Real Estateu00c2u00b4s last blog post..Dana Point 2009 Doheny Blues Festivalu00e2u0080u00a6</abbr></abbr>

I have a different issue of sorts with a BBA. I contacted a Realtor looking to buy a home with zero down payment because I just do not have 3-5% down right now. So, the funding person in the office contacted me to find out my qualifications for a loan...I was pre-qualified (or so he said) after paying off a couple of credit cards to bring my score up a bit. The funding person said we would have to act real fast as the seller-funded DPA was going away at the end of September. So, the realtor assigned a broker to show me houses which I have been doing for the past 2 weeks. I have made offers on 4 houses all of which were declined. Throughout this process my broker really isn't the problem, she has shown me houses in my price range and we made 4 offers as I mentioned above which were declined. My problem is with the funding person in her office. Last week he called me on the phone a bit angry asking me of my intentions, as he heard from the title person in the office that if this doesn't work out then I would be looking at lease houses instead...this is true, if I could not find a home in time to even qualify for the zero down then I would be looking at lease houses because my lease is up in December. The funding person went so far as to say: "I need to know your intentions on this thing, I have already spent 250.00 out of my own pocket to get this funded, I have children to feed." First of all, there is nothing to fund as not 1 single offer was accepted by a seller, I have not signed any loan paperwork, only provided all documents to the funding person so when/if I did have an offer accepted we could act fast in getting the loan application submitted quickly. The 2nd to the last house I made an offer on last week, I did provide a check to the title company for 500.00 for escrow which as of this Friday was not deposited...good thing, because this offer was not accepted. I did let them hold onto the check in case another offer was accepted so they would have everything they need.

I have literally made myself sick looking at homes during all my spare time, Friday I was diagnosed with an upper respiratory infection and bronchitis. On Friday my broker called me to say she had no more houses to show me, but the funding person says that we still have until Monday to submit a loan application for the zero down...seller-funded DPA. I told my broker I am sick, and am not able to look at houses this weekend. Not too long after this phone call from my broker, I get an email with a link to a house in an area I am not interested in buying a home...I responded again telling my broker that I am too sick to look at houses, and even though she says that the lender says we still have until Monday to submit a loan application (with an accepted contract) that I seriously doubt anything is going to happen before Monday...after all, we have had 4 offers declined. I also said in my email that I would like to set time up for me to pick up my 500.00 check made out to the title company as I do not want that floating around.

Today is Sunday, and my broker has not yet responded to that last email. However, the funding person in her office called me last night to say he found a really nice house not too far from where I live, after describing the house to me...I told him I knew exactly what house he was talking about, it is next door to where my sister currently lives, it backs up to a busy street and I knew the previous owner and how he treated the home before it was foreclosed on, and on top oif that the construction that has gone on for the expansion of that buy street has driven rats onto all of the properties that back up to it, my sister has been fighting rats for many months now...I told the funding person I am not interested in this house at all.

At this point in time, I feel like I have been rushed through this process...I have made 4 offers on houses that have been declined, I feel so uncomfortable with the way the funding person has been towards me, and even after I tild my broker that I am too sick to look at houses right now, they keep pushing me.

My husband and I have decided to either have our current lease extended for 6 months, or stay in this leased house on a month to month basis until we can pay a 3-5% down paymeny on a home. During this entire process, no one mentioned to me exactly what the seller-funded DPA was and how that works...not one time during this process did anyone tell me that I would be upside down on the loan (if it actually went through) from the start and it would take me at least 1 year to break even. After doing a little research on the seller-funded DPA, I really wish someone in this office would have explained it to me, I certainly would not have gone down this road.

I have signed a BBA with no intermediary status with my broker for the standard 6 months, I do not see a "fire me" clause any where in this contract. I cannot find any information on the laws for the state of Texas which would enlighten me as to my legal rights concerning this BBA I have signed. It makes me very nervous that my broker has not responded to my last email, and the funding person contacted me last night about a house. I do have questions, is there any way this broker can hold me liable for commission if I am now not going to buy a house? Is there any way the title comany can keep my earnest money and deposit into escrow...mind you I have no offer that has been accepted, and no contract with a seller.

I can say this, when my husband and I are ready and have a 3-5% down payment in the next 6-8 months...my experience with this combined broker/funding/title company is telling me NOT to use their services and to find someone else to help me. Any advice would be GREATLY appreciated.

Estate agents are amoung the most hated professions, and its because of these sort of bullying tactics. Its a much better pay day when the client is not afraid of you.

Theres a fine line to walk between follow up work with advice and information...and aggressive hounding of a client. It should be simple enough. Is there a resolution to the original story?

Here in NJ, many agents would sell their mother's soul to get a listing or a sale. One agent will try to steal the customer from another agent in a heart beat - doesn't matter if the agent is good or bad. The back biting in this business makes me wonder if I am not already in hell. Matt 25:30 "And throw that worthless servant outside, into the darkness, where there will be weeping and gnashing of teeth"

In New Jersey, as long as the buyer does not wish to buy any of the homes that the bad agent has shown them, there is not a problem. Fire the bad REALTOR and move on to a different one that better fits your needs.

Keep the customer happy. That's the secret. Then they'll keep coming back. There is a big difference between being a salesman and a consultant.

It just makes me sick to know that the majority of agents out there have it all wrong. The work as sales people rather than consultants. This industry wouldn't be a mess if people just figured this out.

Susan there was once a upon a time when an agent could sit at the "up" desk and get customer leads by call in's from yard signs or advertising in print or internet. Now, we are all told to rely on our sphere of influence - that means recommendations and repeat business. And that is the only business I have had in a long long time.

As for fixing a broke system - it ain't gonna happen by joining a committee that is also broken.

For Heavens Sake, this is ridiculous. No-one should have to get their mortgage offer changed to get their realtor to show them the properties they want to see. I am not really sure what she is gaining anyway; We all have to SELL to make a living, but we also rely somewhat on recommendations and repeat business.

Now for a shameless plugu00e2u0080u00a6 Any Realtor Member that truly cares for the real estate industry and has concerns about the reputation and practice of said industry ought to seriously look into participating in Pro-Standards and Ethics.

What a shame that this person had such an awful experience with their Realtor and then went on to group all Realtors in such a negative way. Your response was very educational to the average buyer and gave good tips on how to handle the situation. So many people sign agreements, but don't know what it is that they are signing or what type of clauses exist to protect their interests. They are handed papers and they sign, taking the Realtor's word on what it says.

Man! This just gets my goat. Why doesn't this home buyer just buy the more expensive home the agent showed him? If he can't make the payments the Government will bail him out. ;-)

And, everyone knows the COE is just a bunch of poop to protect one agent from the wrong doings of another agent and give the broker of record immunity. The NAR along with the state and local tentacles does not care about the buyer and seller. If they did the COE would only need the first ten articles.

One shouldn't be allowed to be held hostage by a piece of paper and clients should always ask for an easy out clause (as Jay mentioned he does for listings, as do I) for BBA.

Some states, like CA, have an additional form that you can fax to an agent to fire your previous agent. This makes it easy and non confrontational.

Our team uses BBA with an easy exit firing clause just so we know who is committed to the process.

Andrew... I like your line of thinking. Communication is the key. I think a simple email notifying the Realtor that didn't show homes in the clients preferred price range would most likely lead a hearing panel or an arbitration panel to conclude that the client was abandoned by the original Realtor and the BBA (although I can't speak for all other panelists).

I won't speak to what might happen in a court since that is what you are the expert of.

While I really enjoy my participation in hearing panels and the Professional Standards Committee... I'm not on any real crusade to get Members thrown out of the industry. I believe that I'm fair in my role and allow for the evidence and testimony to lead me to any decision. It is when the evidence and testimony proves that a severe and intentional violation has taken place that gets me worked up enough to suggest throwing the book at the violator.

Now for a shameless plug... Any Realtor Member that truly cares for the real estate industry and has concerns about the reputation and practice of said industry ought to seriously look into participating in Pro-Standards and Ethics. In Arizona, the Pro-Standards Committee is state wide... in other areas Standards and Ethics may be handled regionally or even locally.

Now... I've volunteered for many different things Association related since I've been a Member (local board of directors, regional MLS director, current state executive committee member, government affairs committee chair, just to name a few) but no other experience has been as gratifying to my participation as service to the Pro-Standards Committee. This experience alone has raised my standard of service to my clients to a higher level than might be otherwise. The last place I ever want to be is on the other side of the table at a hearing panel as the Respondent (but that is not to say that all Respondent's are in violation, but working to represent my clients best interest and treat all parties fairly certainly goes a long way in avoiding the experience of sitting in that chair at a hearing).

Most of my clients don't even know of my participation on the Pro-Standards Committee, yet I'd venture to say that they most likely appreciate the experience I have gained because of it.

This is a great post, with some good comments. It's always important for consumers to know their rights in contracts and how to get out of them if necessary.

I suspect that it's actually pretty easy for someone to get out of Buyer Broker Agreement. Just thinking about the law of brokers, I don't think a contract would actually be enforceable if it didn't provide a way for the buyer to get out of it. Now if the buyer ends up purchasing a property that the original broker originally showed him, that obviously causes difficult questions about who gets compensated.

As an aside for just a second... I only use BBA's with clients to establish the fees that a client promises to pay my broker... but yes, fire me clauses are included.

As to the main point. The public only really needs to be aware of one thing... did their practicioner represent the client needs and were they treated fairly in the process. That is it.

If they feel that they weren't, then the public NEEDS to know that they can lodge a possible complaint against their agent/broker at the local Association. Ahhh... but yes, that can be daunting, tedious, or whatever... I agree. However the Association office has to be competent enough to help the client (or other Realtor party -- not all violations come from the public) to properly inform and follow though on behalf of the client for the process. Members must be vigilant and put some kind of pressure on the Association to serve the complaining party. The last thing I want my local Association doing is talking clients out of making a complaint or complicating the process so much that the client decides to just let it go... that doesn't help the situation at all.

I'm guessing that there is going to be many more complaints lodged than normal (people are human and will look to blame others for things that may not have worked out in their favor)... and many of them won't actually be valid complaints against the Code. Still, it seems that one way to improve public relations on possible violations is to actually listen to the public (gee... novel concept).

Realtor Members don't even need to know all the ins and outs of the Codes convoluted terminology, they just need to remember that they must treat all parties fairly and protect their clients best interest up front and center (again... a novel concept). If Members can't figure that part out then they should know that there could be serious repercussions that could lead to heavy fines and/or suspensions (who really can afford to pay a big fine in this business environment??).

I think the Code can work (it is designed to after all), but it won't be the public that will make it work. It will be the Members. I believe that Members should file complaints against other Members deemed to be in violation ON BEHALF OF THE PUBLIC when necessary. A violation is a violation... it does NOT matter who was violated (or allegedly violated).

Now I'm not advocating that Members go around and file complaints against their competition as a way to gain market share or to simply be a tattle-tale. But if Members are aware of a blatant violation and it is something that is harmful to the industry... it is a duty of the Member to do something about it.

That is all for now... but your suggestion to the person that emailed you of going to the broker is really the first best step.

Natalie - I agree with you. I'm not a big fan of the BBA, and if I do use them, I provide a simple "fire me" clause (ditto with a listing agreement). I prefer to let my service speak for itself. Yes, I've been burned and lost commission because I don't use BBAs, so I do understand why some do. However to lock in a client with a piece of paper is just wrong, in my humble opinion. If someone doesn't want me representing them, I can't fathom how forcing them into representation is good business.

Todd - Thanks for the great comment, and I look forward to your posts. Emails like this one bother me. It's sad that someone has to go through what this guy is experiencing. There was more to his email that included comments like, "no wonder real estate agents have a bad name". How any agent can think they are serving their clients needs when they say things like, "you won't be happy with a smaller home" is beyond me.

I think part of the COEs problem is due to it's bloated length and convoluted terminology. If agents don't understand it, I don't think we can expect consumers to either. And IMHO, they shouldn't have to know that if their Realtor does X, they've violated Article Y of the COE.

I can't speak for any association other than my own, but filing a complaint is a tedious process, and one most consumers don't want/need to endure. All this guy wants is an agent that will listen to him and help him. I want to believe that the vast majority will, but sadly (as in any profession) there are some that won't. I think talking to the broker is a logical first step. Virtually any broker out there would want to know what is happening. But another sad fact is that there are many brokers that would simply assign a new agent and that would be the extent of it. No counseling of the offending agent, no ramifications for a subsequent violation, no nothing. Part of that is due to the "traditional" brokerage model and the simple fact that many brokers have zero experience in employee relations. (realizing of course that most agents are independent contractors -- but that shouldn't excuse the brokers responsibility in supervising their "employees".)

Poor service is not against the 'Code of Ethics' but the pledge to protect the best interests of the client is right there in Article 1. If a client is asking to see homes/property priced lower than what they qualify for and the agent does not comply... I kind of think the best interest of the client is not being protected.

Also the buyer indicates that he/she doesn't have a copy of the agreement between them and the agent. If they were to ask for it again and not receive it then there is a possible Article 9 violation.

It is a pain in the butt, but this buyer should compile a list of things that their agent has NOT done for them according to their interest and desire. Perhaps have an email communication from the buyer to the agent that speaks to the complaints and (hopefully) gets a response. If push figuratively comes to shove then the buyer can file a complaint at the local Realtor Association.

If the buyer in this situation at least does this... then I think they'd be in a better position to at least hire a different agent to help them with their needs. There would still be a legal risk though in a court of law based on whatever agreement signed between the buyer and the agent.

Jay, as you might know, I'm a member of the Arizona Professional Standards Committee and recently became a hearing panel chair. I'm really into this kind of stuff, but I see the problem still being that clients don't have a clear understanding of the implications of a hearing and Code violations. To make it worse... Realtors as a whole don't seem to understand the concept either.

I'm going to start blogging about the subject in more detail to hopefully help offer a better perspective to everyone. You've spoken in the past about how rather easy it is to become a licensee in this state and while I don't necessarily disagree with you on that line of reasoning to help improve the industry... enforcing the Code can go a long way towards cleaning up this industry. But we all have to be a bit more vigilant (we being us the practitioners and the clients)... but we also need to have more understanding as to how to use the tools that we currently have to achieve the desired result.

It should be so much easier to just fire an agent. People shouldn't have to waste time or be forced to consult an attorney when an agent isn't listening or putting the client's needs first. Just think of how many lower priced homes might have worked for this person that they've now missed out on. Bummer...