Best way to tell an agent you don't want to sell anymore?

[jarrad]

thats a bit too harsh Aceyducey..!!

Been a quiet observer of this forum for a while.. however dont understand your ethical lectures when all Exy is doing is to preserve his self interest in view of his individual situation... and I am sure most of us will act the same way if the differential of the price Exy was getting was quite substantial.

Dont mock other people.. just to make yourself heard..!! you dont really have to have the last word on every thread..!!

Exy,

I am VERY disappointed at your decision to pursue an unethical & illegal course.

You lied to the agent and are deliberately collaborating to breach the legal agreement with that agent.

When the agent discovers your actions, they are entirely within their rights to sue you for their commission, regardless of when you exchange and settle, because you have already taken a consideration via the deposit.

If you were an agent there would be a number of people on this forum up in arms about your unethical behaviour.

Aceyducey

 

[Aceyducey]

thats a bit too harsh Aceyducey..!!

Not in my opinion. Would you endorse an illegal and unethical act?

I am sure most of us will act the same way if the differential of the price Exy was getting was quite substantial.

You perhaps. I would not and I would not speak for 'most of us', however would hope that the majority of forumites would behave in an ethical and legal manner if placed in this situation. Maximum Profit is not the only value worth having.

Dont mock other people.. just to make yourself heard..!! you dont really have to have the last word on every thread..!!

Jarrad, it seems to me that your only intention with this post was to mock, to be heard & to have the last word.

If you wish to behave unethically & support others who do so - that's up to you.

However some of us believe in speaking up when something is not right. Because if someone does not speak up, things get worse....

"In Germany, they came first for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up."

Martin Niemoller (BIO: http://www.forerunner.com/forerunner/X0528_Bios-_Martin_Niemlle.html )

Aceyducey

 

[crest133]

Thanks for the reply all. . . . .
. . . .Crest133,
We did sign an exclusive agreement and therefore cannot bring in another buyer without having to pay the commission. . . .
Exy

Not necessarily true. This only applies if the agent(agent A) insists on the commission. Consider what might happen if your friend buyer made an enquiry through another agent(agent B.). Agent B would liaise with agent A and would pass on the higher offer, while discussing how to split the commission between the agents. Now who has the dilemma ? agent A . He doesn't have to split the commission with the other agent because he has an exclusive. But, he wants future business too. So it is not unethical to approach agent A in the same manner as agent B would approach, and discuss the matter. It is not unethical to discuss the matter and ask that agent A relax the terms of the agreement. Of course, agent A can insist on the letter of the law and his full commission, that's his option. You can also choose not to deal with him again. You have other options and ways to cruel the deal, but they are not ethical.
cheers
crest133

 

[DAAJ]

Aceyducey,

From your replys can i ask why are you so concerned about the realestate agents getting his commision, or are you concerned about exys actions.
I am just curious on your side of the debate.

I have worked in a realestate agency and the way they trained me to extract money out of clients was absurd.(Lies) After 4 months I could not work their because it was not in my nature to bend the truth.
Even today when i speak to an agent i know when they are lying, and i dont generally do buisness with them again. I am not so forgiving when it comes to my money.Nobodys perfect.

A lesson well learnt, sell Priveatly or sell with an agent.

Dom

 

[Aceyducey]

DAAJ,

I am concerned about the ethics of Exy's behaviour.

Exy asked for viewpoints on his choices & then chose the least ethical path.

This path also happens to be breaking the law, breaching the contract with the REA.

Frankly it's irrelevent whether the REA behaved ethically or not.

It's about personal integrity in business.

Cheers,

Aceyducey

 

[BV]

DAAJ,
I am concerned about the ethics of Exy's behaviour.
Exy asked for viewpoints on his choices & then chose the least ethical path.
This path also happens to be breaking the law,
breaching the contract with the REA.
Frankly it's irrelevent whether the REA behaved ethically or not.
It's about personal integrity in business.
Cheers,
Aceyducey

Hi Acey

There is no need for concern.
Exy did what most people would have done.

Breaking the law?
I am not so sure, it depends on the wording in their contract.
Did Exy fully understand or have any input to the contract he signed?
It would be an unfair contract if he didn't so the contract
may be legaly binding but not necessarily ethically binding.

Unethical?
I am not so sure on this.
Exy found the buyer himself.
In an ethical world whoever does the work should be rewarded.

cheers

 

[Kevin Hockey]

Just found this post, what a beauty.

Acey, you are a top bloke but a think you are being a little harsh. Everyone's standard is for themselves to live by, you can't judge others by your own. Exy or anyone else isn't a bad person because they have different ethics.

One issue I have here is no-one has bothered to mention the buyer in all this. Had they not fortunately pulled out of it I'll ask this -

How would they have felt?
How would you have felt if it was you?
Who would you blame?

Ahhh yes, somehow it would have been the agent! The whole process of selling Real Estate for owner, buyer, agent alike is emotive and riddled with decisions and issues which leaves the process open to all sorts of problems. Owners and sellers trying to get the best deal for them and agents trying to create the best deal all round and make money for themselves. I hope this thread opens up some peoples minds that it is not always the agent. It is a natural human element for us to look for someone else to blame, even when it lays squarely at our own feet.

Under an exclusive agreement even if you find a buyer yourself you have to pay the agent, so I wouldn't put anything on paper before the deadline is over, although this doesn't mean the agent shouldn't be paid it does mean it would be harder for them to prove later if need be.

At the end of the day I agree, when it comes to an investment property it is business. I would decide based on financial outcome, but I do understand and admire Acey's strong viewpoint. If it was my PPOR then I may handle it differently. What I can suggest to Exy is to give the agent a gift, a bottle of wine or whatever. Then they will feel appreciated for their effort and if they find out you found the buyer during the agreement period they will be more accepting of the facts, assuming you feel they warrant it.

So, you are the buyer, the agent tells you sorry the owner has now changed their mind and you no longer are getting your dream home. Tell me you will happily walk away and say well it wasn't meant to be. Tell me you will say that bloody owner @#$%^. Or will you say the damn agent took too long, they should have done this or that. We will want someone to blame. Then next week at a party they tell 30 of their friends who all tell 30 of their friends how someone was diddled by an agent, when it was the owner who decided to take a private offer and the agent is the only one who loses. The owner gets their sale, the buyer will always find another dream home.

If agents don't have a commitment to longetivity and have broad shoulders they now get synical and feel hard done by, so what do they do. Go find someone and without telling them put the palm of your hand against theirs. Now push gently and see what their reaction is. They will automatically push back against you using the same force. Now push harder, so will they. That's society, you dudded me so I'll dud you back. Hence, where Acey is coming from.

Thanks for your posts Exy, glad it has worked out for you.

Kev

www.nundahrealestate.com.au

 

[mitch]

After 16 years in sales l would like to give all the people who are prepared to be flexable with the truth a small peice of advice:

"Say what you mean and mean what you say , at the end of the day all you have is your credibility"

If you cant do that in business , you will miss out as most experenced sales people (and probably everyone else) will prefer to deal with people that can be relied apon .(for the people who dont understand that , it means : doing what you say you have agreed to do)

A good negotitater dosnt need to lie to maximise their position , buying or selling.
In fact ld go as far to say that the people with little skill in this area need to lie to cover up their incompetence .

This is not a personal attack on anyone .

Regards Mitch

 

[Lplate]

Being trustworthy is a worthwhile goal and it is a sensible way to conduct business.

Many large businesses are focussing on ethics because they can no longer afford not to. Intolerance, unfair decisions, sharp practices etc commonly result in litigation which, even if won, result in loss of credibility. This is why governance, client charters and so on are priority issues for senior managers and directors (and for staff). It isl spilling over to small business and the defence that compliance is too expensive is not always sufficient to avoid legal problems.

Aceyducey's moralising is not offensive to me and similar opinions and discussions are now commonplace in large private and public organisations.

Our standpoints depend on our values, which result from the socialisation we have received from our home, school and work/business background. But it is worthwhile to identify and reflect on our values and how they contribute to, or detract from, our quality of life.

Lplate

And by 'moralising' I meant making moral reflections - it is a compliment. No harm in deriving a few moral lessons from life and because we rationalise, it is hard to see ourselves as others see us.