disclosing if the seller will take less

Things a Sacramento Realtor Cannot Say About a Listing

things a sacramento realtor cannot say

There are amazing things a Sacramento Realtor cannot say about a listing.

An online newsletter I received this morning contained a synopsis of an ethics case that was interesting not because of things a Sacramento Realtor cannot say about a listing but because of the things the Realtor did not say. I am very cognizant that at all times a Sacramento Realtor who represents the seller has established a fiduciary relationship, which results in a legal duty to the seller.

Solely seeking seller representation makes my job easy, because I focus on my sellers. I have a duty to treat the buyer fairly, but my alliance is aligned with the seller. This means when a buyer’s agent asks: Is there wiggle room in your listing, I might reply they can pay more than list price.

That’s a seriously stupid question anyway because no agent, I don’t care who she is, knows whether there is “wiggle room,” (she’s not the seller) and even if the seller told her he would accept less, unless the seller has explicitly given the agent instructions to disclose that fact, her lips better be zipped. There are things a Sacramento Realtor cannot say about a listing, and this is one of those things.

The thing this ethics case disclosed was the agent never told the seller that in his opinion the property was priced too high. Instead, he shared this opinion with other prospective buyers. He violated his fiduciary by not disclosing his conflicted viewpoint with the seller, among other things. I think some agents are scared to tell a seller what they think because they are worried the seller will cancel the listing or get angry with them if they do not see eye-to-eye. But we are required (and we are hired) to share our professional opinions and thoughts with the seller.

I don’t take a listing that I don’t believe will sell. And because there are things a Sacramento Realtor cannot say about a listing, I do not suggest to other agents nor buyers what they should offer for a home, apart from list price or above. That’s my job. Don’t ask me what kind of offers we’ve received, whether you can offer less or how high you need to go because I won’t give you the answers. Although I always suggest that my Elizabeth Weintraub Team members ask those questions of other listing agents because some will cooperate. Those are the agents who forget about the things a Sacramento Realtor cannot say about a listing.

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