Andrew Wetzel's Musings

November 15, 2019

49 Things a Listing Agent Should NOT Do, Even If Their Client Accepts Them

Real Estate agents are licensed by the state.  I am in Pennsylvania.  Once approved to represent or “work for” clients, they are bound by RELRA, our Real Estate Licensing and Registration Act, which is enforced by the state Real Estate Commission.  If an agent becomes a REALTOR, which means they belong to national, state and local REALTOR Associations, they are bound by a Code of Ethics which is very similar to RELRA although enforcement is handled through a local Association in most cases.

Once a REALTOR is “hired” to represent a seller-client they owe them certain “fiduciary duties” which are spelled out in the rules and regulations.  They should review and discuss them with their seller-client to ensure that they are committed to working together.  Here is a list of things NOT to do even if the seller-client asks you to do them or if they accept your doing them.  Most of this list comes from real-life examples, fortunately not my own.  I have been mediating seller-buyer and client-agent disputes since 2002.  In addition, I have served on all levels of our Association’s Professional Standards Committee which means I have heard, reviewed, evaluated and resolved many ethics complaints.  As I like to say when I teach ethics to my fellow agents, you can’t make this stuff up.

Here are some examples of what NOT to do when representing an owner selling Real Estate:

  • Do not ask if they are working with another agent or if they have spoken to any other agents;
  • Do not look in the MLS to see their property history or if they own other properties you think you might help them sell. Trust that they own any properties you are discussing;
  • Do not spend a lot of time preparing for the listing conversation. Personality wins every time;
  • Do not clarify what the seller is looking for in terms of their “wants” and “needs”;
  • Do not ask their reason for selling or ask if you can help them identify their next home;
  • If they are planning to buy another property, do not discuss getting them pre-qualified;
  • Do not ask if they know of anyone who has expressed interest in buying their property;
  • Do not ask if they know anyone else looking to sell or buy;
  • Do not ask if the seller can pay off any liens so that they can transfer ownership;
  • Do not explain the selling process, your respective “roles”, your fee and how you earn it;
  • Do not discuss how pricing correlates with location, features, condition and their competition;
  • Do not tell them what you are going to do for them or why they should hire you;
  • Do not review the Consumer Notice with them or ask them to sign it. In fact, do not discuss or document your “business relationship” with them or explain your “fiduciary duties” to them.  If “dual agency” becomes a possibility, you can always discuss it later;
  • Assume you know what is best for them and let them assume you know what you are doing;
  • Do not discuss their local market or a potential “range of values” for an asking or selling price;
  • Do not discuss their potential proceeds or their cost of selling. You can always do that later;
  • Do not ask them to repair or update anything even if you think a buyer, an inspector, an appraiser or a local codes enforcement officer might require repairs later. Everyone likes surprises, don’t they?;
  • Do not discuss how you will market their property;
  • Do not discuss what their options are if the market does not respond favorably to their property;
  • Do not discuss any personal property they may want to include, exclude or make negotiable;
  • Do not explain different financing alternatives, the appraisal process or what a “seller assist” is;
  • Do not sign a listing contract, if at all, until they are ready for showings. If something comes up, you can always figure it out later;
  • Do not tell them that the length or term of the contract and your fee are negotiable by law;
  • Do not explain how “cooperation” with other Real Estate agents works or how your fee can be used to help attract showings and offers. In fact, do not offer a market-driven coop fee or spend too much time preparing the MLS entry as you may really want to sell the property yourself;
  • Do not discuss how your fee is earned or what may happen if they fail to do what is required to complete a sale;
  • Do not explain how the “protection period” works;
  • Do not discuss scheduling showings and how important they are or tell them that some agents arrive late without rescheduling or fail to show up at all;
  • Do not tell them that “feedback” is old-fashioned and that most agents will not respond when asked;
  • Do not use an appointment center: make buyer agents call you for showings and then do not return their calls promptly.  Perhaps make sure their buyers are “qualified” to save time;
  • Do not explain how deposit money is handled if a sale falls through;
  • Do not discuss how you will handle inquiries about “other interest”, the existence of other offers or how you will handle inquiries and offers after a purchase agreement has been signed;
  • Do not discuss the law regarding the property and lead disclosures and do not review them before you upload them to the MLS. Perhaps you will not upload them until agents call you to request them;
  • Do not discuss home warranties or offer sellers an opportunity to include one with a sale;
  • Do not tell them that they cannot refuse to sell to people who aren’t like them;
  • Do not offer advice for preparing their home for sale and for showings;
  • Do not show them a copy of their MLS printout. Do you really need good pictures or a “remarks” section for buyers to evaluate the property?  Do you really need to show all of the features?;
  • Do not explain the Agreement of Sale to them. If fact, make sure all of the paperwork is done electronically so that you can save them time by not having to meet with you in person;
  • Do not discuss a negotiating strategy, especially if you have “multiple offers”, or ask what is important for them when comparing offers;
  • Do not discuss what may happen from the time an offer is signed through settlement;
  • Do not explain the contingencies in the Agreement of Sale, especially the inspections and municipal requirements, if any, or what could possibly go wrong;
  • Do not ask the buyer’s agent to attend inspections and be accountable for providing access;
  • Do not stay on top of the timeframes in the Agreement of Sale or provide ongoing updates;
  • Do not explain the mediation clause or what it means should a problem arise;
  • Do not tell them to maintain property insurance until a sale is completed;
  • Do not discuss any concerns that a buyer, an inspector or an appraiser might have which could affect the selling price or the seller’s proceeds and possibly end the sale unsuccessfully;
  • Do not document changes to any contracts or provide them with copies of everything they sign;
  • Do not promote or protect their interests above yours. Assume that “confidentiality” is not important if it gets in your way.  The acronym, OLD CAR, which describes our “fiduciary duties”, only makes you remember the first car you ever owned;
  • Do not suggest they contact a professional, such as a lawyer, when they have any questions;
  • Do not stay in touch after a sale! After all, they will remember your spectacular performance, won’t they?

Of course, this list is really intended to show you most of what we are expected to do, even if actual performance may vary from one agent to another.  Our “fiduciary duties” require that we obey your lawful instructions, be loyal to you, disclose what we know, keep your business confidential, account for any monies we handle and that we provide reasonable care and due diligence to you.  There is so much more to working for sellers and buyers than simply doing the paperwork.  Even if you have sold or bought Real Estate before, we have knowledge and insight gained through experience, training and education.  We are expected to protect and promote your interests throughout the process and to be knowledgeable and competent in what we do.  Our clients have the right to expect nothing less.

When it comes to selling what is typically a person’s largest asset:

There is no time for inexperience, empty promises or false expectations!

HIRE WISELY:  We are not all the same!

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