Real Estate
Mailbag
by Robert Bruss
Confused about real estate matters? We've got someone who can help: Robert Bruss, the "Dear Abby" of Real Estate. This week, he discusses real estate agents who don't cooperate.
Real estate agents who don't cooperate
Dear Bob: Recently, we were driving through a neighborhood in which we have been looking to buy a home for almost a year. We saw a for sale sign of a major national brokerage. Since we have been working with a buyer’s agent from another major brokerage, we immediately phoned her to inquire about this new listing. Our buyer’s agent, who is supersharp, was not aware of the listing. She immediately phoned the listing brokerage and was told it was a new listing but that the listing brokerage was not "cooperating on the listing."
Upon learning this, I phoned the listing agent. She invited us to visit her open house, which we did. The house was just what we want to buy, but the listing agent said since it was a new listing, she was holding it off the multiple listing service for a few days and not cooperating with other agents. Reluctantly, we made our purchase offer through the listing agent, and the seller accepted.
We feel terrible that our buyer’s agent didn’t earn a commission. Don’t all agents have to cooperate on listings when one agent has a listing and another agent has a buyer for it? How can we force that listing agent to give our buyer’s agent half the sales commission? -- Brad N.
Dear Brad: You can’t. There is no law requiring real estate agents to cooperate with each other when one agent has a listing and another agent has a buyer.
I learned this harsh lesson many years ago when I was actively selling real estate as an agent. One realty broker often advertised choice listings in the newspaper. When I would phone, he usually said, "We’re not cooperating on that one." Since he didn’t put most of his listings into the local multiple listing service (MLS), he had no duty to cooperate with other agents on those listings.
If that house you saw had been placed in the local MLS, then the listing agent would have a duty to cooperate with your buyer’s agent, presuming your buyer’s agent is an MLS member. However, some listing agents take their time putting new house listings into the MLS, hoping they can sell the home without having to split the sales commission with a buyer’s agent.
Unfortunately, many home sellers are not aware their listing agents are not cooperating with other local agents who might have buyers for their homes, thus increasing the number of prospects and raising the potential sales price. However, since that listing was not yet in the MLS, the good result for you was fewer competitive buyers.
Your buyer’s agent might wish to file a complaint against the listing agent with the local MLS. Many, but not all, MLS rules require member agents to promptly submit all their listings to the MLS. However, that’s between the agents and is not your problem.