As many people are aware, a Seller is now able to pay a few hundred dollars to have a real estate Agent upload their listing on MLS. That Agent does little else than data entry and owes little, if any, responsibility to that Seller. With this new option, if Agents want to book visits, ask questions, present offers or negotiate, we do it directly with the Seller. We refer to this as a ‘Posted Listing’. The Seller chooses this path to save on real estate Agent commission since they believe they will be doing all the work themselves and will only have to compensate the Agent representing the Buyer. I understand their motivation, selling seems like an expensive process.
I’ve heard a lot of Agents complain about their first experiences with these posted listings but I assumed those were isolated incidents. I just had my first experience with one and in the hundreds of deals I’ve been involved with, I believe it was the most unethical and disappointing. As frustrating as it was for me, it bothers me more that I don’t believe my clients were treated fairly and they know it.
My clients are a very kind couple looking for a downtown pied-a-terre, knowledgeable and well experienced themselves in buying and selling real estate. A particular building interests them and we found a suite they were excited about. I noticed it was a posted listing and that I would be talking directly with the Seller. Initially, I was optimistic about this and looked forward to my first posted listing. I made contact with the Seller, she seemed very nice and somewhat knowledgeable about the process. Having said that, this was going to be a more complicated transaction called an ‘assignment’ which is when someone wants to sell a pre-construction condo before the condo is complete and registered. She told me that there had been other offers in the past but those buyers were investigating their financing options. You can’t get a mortgage for an assignment so I questioned myself how much she really knew about the intricacies of the transaction. I tried to be helpful and eventually had to explain that to her. We agreed that we’d negotiate the details through email and I’d then prepare the final offer to present to her. I told her I’d appreciate timely responses to the emails as we had a lot to discuss. Things appeared great!
Hours went by waiting for replies, negotiating was painful and unsophisticated. I had to explain to her how to calculate the return on her investment, she told me she wasn’t going to make any money on the suite which I then calculated to be over $16,000 (after commissions), she justified her price by saying that she originally wanted even more money for the suite… not based on any recent comparable sales, the current market or how long her suite had been for sale. Her counter-offers didn’t mention any price other than full asking. After about 10 hours of negotiating, she told me another Agent was also bringing her an offer… but she said she “liked my emails and wanted to sell the suite to me”.
Getting into multiple offers happens all the time and it can still be a fair process IF the rules are followed. My next phone conversation with her was a perfect summary to the entire effort. Her words to me went something along the lines “I didn’t know it was unethical to tell the other Agent how much your clients were offering… but I didn’t… but his offer is more than yours… but only by a couple thousand dollars.” The number one rule when dealing with Multiple Offers is that you keep all the details of all the bidding offers confidential.
I believe this Seller wasn’t negotiating in good faith and was prolonging the process to give another agent enough time to make an offer. I believe she helped the other Agent make an offer that was just slightly better than my clients by precisely guiding, if not outright telling him our offer price. She then disclosed to me what their offer was which is just as wrong.
If an Agent behaved this way, they would be taken before the Ethics Committee and be at the risk of losing their license to trade real estate. Because the Seller was not an Agent, they don’t have to follow any ethics or rules that have been developed over decades to make the process as fair as possible. They can simply plead ignorance.
My clients are well aware of what happened. They had the best intentions to buy the suite at a fair price, negotiate honestly and close the transaction. In the end, they have a bad taste in their mouth about this process of buying real estate. I think the public needs to decide if they want a less expensive process where everyone tries to stab each other in the back, or a more expensive process where you can expect to be treated fairly. Every Seller becomes a Buyer, so in the end your savings can easily be overshadowed by a bad purchase experience.
I know that the Seller was able to save some commission on this deal, but the cost of their savings was my clients’ unfair treatment. I think we take for granted that we expect to be treated fairly when buying real estate in Canada. I understand that the real estate business appears simple from the outside, but a simple transaction can easily become very complicated. I’m the first to admit then entry standards to our profession are low, but the training we received is high quality and thorough. If you haven’t taken the courses to learn all the rules, I don’t see how you can do your share responsibly.
The new question Buyers need to ask is “Is this a posted listing?” If it is, you can’t expect to be treated fairly. They might be lying to us, sharing your offer details with others or perhaps not disclosing facts you should be aware of. They don’t need to behave ethically or follow all the rules… because they don’t know about the rules and there are no consequences for breaking them.
I know if we all look hard enough, we can all find someone who feels they had a bad experience with a real estate Agent… I’m looking for an Agent who’s had a good experience dealing directly with a Seller.
I would be happy if other Agents could share their experiences with posted listings on this page. It could become a sort of depository of experiences we can all learn from and help educate buyers about this new topic. Just post your opinions and stories in the Comments section below and let the community hear you!