PROView - August 2008 - (Page 16) Mind Your Manners! Kat McCoy, MLS Manager Dear Miss Manners, I have a “what if” question for you. I am a listing agent on a property and I noticed through my Supra showing activity that a buyer’s agent showed my property. The agent contacts me and lets me know that the buyer likes my property and wants to write a contract. However, the agent does not like the offer of compensation. The buyer’s agent continues to tell me that if I don’t change the offer, they will influence their buyer to purchase a different property. Does this “what if” violate the MLS Rules or the Code of Ethics? Thanks, “What if” Dear “What If”, Let’s start by quoting Code of Ethics, Article 1: ”When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly.” It seems the buyer’s agent placed their interest above the interest of the buyer. By reviewing the Standards of Practice for Article 1, which you can find in the Every Day Ethics section on the Learning Center at www.TampaBayRealtor.com, the duty of a buyer’s agent is spelled out clearly and would cover this “what if”. When it comes to the MLS Rules, it is not as cut and dried as the Code of Ethics. Of course, the offer of compensation in the MLS is blanket and unilateral, and a buyer’s agent cannot use a contract to modify the offer. However, Section 8.9 of the Suncoast Rules and Regulations state that “Nothing in these MLS rules precludes a listing Participant and a cooperating Participant, as a matter of mutual agreement, from modifying the cooperative compensation to be paid in the event of a successful transaction.” I hope this helps, and remember, the Rules and Regulations and the Code of Ethics are searchable at http://prosite.tampabayrealtor.com. 16 PINELLAS REALTOR® ORGANIZATION August 2008 http://www.TampaBayRealtor.com http://prosite.tampabayrealtor.com
Table of Contents Feed for the Digital Edition of PROView - August 2008 PROView- August 2008 Contents Chairman’s Notes Feature Story PROActive PRO News Marketplace Analysis Home Sales Report MLS Update New REALTOR® and Affiliate Members MLS Mind Your Manners Calendar of Events & Programs Money-Saving Gas Tips PROView - August 2008 PROView - August 2008 - PROView- August 2008 (Page Cover1) PROView - August 2008 - PROView- August 2008 (Page Cover2) PROView - August 2008 - Contents (Page 1) PROView - August 2008 - Chairman’s Notes (Page 2) PROView - August 2008 - Chairman’s Notes (Page 3) PROView - August 2008 - Feature Story (Page 4) PROView - August 2008 - Feature Story (Page 5) PROView - August 2008 - PROActive (Page 6) PROView - August 2008 - PROActive (Page 7) PROView - August 2008 - PROActive (Page 8) PROView - August 2008 - PROActive (Page 9) PROView - August 2008 - PRO News (Page 10) PROView - August 2008 - PRO News (Page 11) PROView - August 2008 - Marketplace Analysis (Page 12) PROView - August 2008 - Home Sales Report (Page 13) PROView - August 2008 - MLS Update (Page 14) PROView - August 2008 - New REALTOR® and Affiliate Members (Page 15) PROView - August 2008 - MLS Mind Your Manners (Page 16) PROView - August 2008 - Calendar of Events & Programs (Page 17) PROView - August 2008 - Calendar of Events & Programs (Page 18) PROView - August 2008 - Calendar of Events & Programs (Page 19) PROView - August 2008 - Money-Saving Gas Tips (Page 20) PROView - August 2008 - Money-Saving Gas Tips (Page 21) PROView - August 2008 - Money-Saving Gas Tips (Page Cover4)
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