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Q: I recently met with past clients who wanted to sell their home. I’ve known them for at least three years. I was shocked to see they listed their home with another broker a few days after I had the appointment with them. If I am to grow and learn in this business, I need to know why they didn’t choose me. I would never solicit the listing of another agent, but I’d like to call these past clients to find out why they chose not to list with me. Is it OK for me to reach out to them?
A: I can understand your frustration and wanting to know why they chose another broker. However, Article 16 of the Code of Ethics would prohibit you from contacting the client of another broker.
Article 16: REALTORS® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with clients.
Standard of Practice 16-13 addresses this further. So, unless the current listing broker consents to you contacting the sellers, you shouldn’t contact them unless they initiate the contact with you.
Standard of Practice 16-13: All dealings concerning property exclusively listed, or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the client’s representative or broker, and not with the client, except with the consent of the client’s representative or broker or except where such dealings are initiated by the client. Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects, REALTORS® shall ask prospects whether they are a party to any exclusive representation agreement. REALTORS® shall not knowingly provide substantive services concern-ing a prospective transaction to prospects who are parties to exclusive representation agreements, except with the consent of the prospects’ exclusive representatives or at the direction of prospects.
Note: While the Code of Ethics establishes obligations that may be higher than those mandated by law, in any instance where the Code of Ethics and the law conflict, the obligations of the law must take precedence.
