Why I Ask if You are Working with a Realtor

I hate to say it is funny, but the reaction I get from people each time I ask this question has become so common that I have to smile each time it happens. The magical question is “Are you currently working with a Realtor?”  There is usually a short pause as the home owner or potential buyer processes the question, with expressions that range from the obvious “No”, to “What does it matter to you”.  I usually ask this question when someone calls to inquire about a property, or to set up a meeting to market their home. Most don’t realize the importance of the question, but as a Realtor, it is extremely important for me to know up front if you are working with another Realtor.

By “working with another Realtor”, what I am really asking is if you are under written contract with another Broker – meaning they represent your interests and owe you fiduciary duties. See, Realtors are bound by the Code of Ethics set by the National Association of Realtors, and according to Standard of Practice Article 16:

REALTORS® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with clients.

We also have an “obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service”.

I take the Code of Ethics very seriously and the last thing I want to do is step on another agent’s shoes, or violate the Code of Ethics. Many times I hear from people that they have been working with another agent, but do not have a written Representation Agreement with them.  (Some think working with multiple agents helps them with their home search, but it doesn’t). Others have written agreements expiring and are looking for a new agent to represent them. Some are looking for advice, and depending on their answer, I will or will not give them any.

So, next time your hear this question, be honest. Explain to the agent why you are calling, and let her know right away if you are/aren’t working with anyone.

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