Kathryn Acciari, Mortgage Loan Originator (Arc Home LLC)

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Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

Sorry, I just don't get your Q. 

I will say that visiting an Open House does not make that buyer your client.

Feb 26, 2017 04:51 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

What Lyn Sims said. Attendance at an open house does not a client make. And really, if there are issues it is about procuring cause. But an open house is not in of itself a procuring cause.

Feb 26, 2017 05:22 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

During an Open House, the agents are representing the SELLER and should have a sign in the home posted to that effect. Without a specific Buyer Agency agreement, they have no right to claim those buyers (unless the laws in your state are different). Don't believe they can claim procuring cause at an OPEN house.

Feb 26, 2017 04:53 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

All my buyer's are under contract. Listing agents and builders can make all the claims they want; I've got a contract and they do not.

Listing agents and new construction sales offices do not have a claim on your clients; not if they want to sell homes. The MLS advertises a cooperating fee paid; end of story.

Screw them Kathryn Acciari they are legally obligated to present your offer.

Feb 26, 2017 08:10 AM
Mimi Foster
Falcon Property Company - Colorado Springs, CO
Voted Colorado Springs Best Realtor

I would make sure I have a secure Buyer Agency with the client who looked at the Open House and then present their offer. If someone refused to accept our offer, I would go to the managing broker. This is about working for the best interests of their client, not about whether or not they're going to have to split the commission.

Feb 26, 2017 06:43 AM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

This is so wrong ! Buyers need Representation (advice, counseling , strategy ,agent's knowledge to slant agreement) and should be allowed to interview and hire. Someone lounging around at an Open does not equate to pro-curring cause !

Feb 26, 2017 06:09 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Nice doesn't matter, fair and ethical matter.

Feb 26, 2017 05:10 AM
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

What exactly is the question? If a buyer shows up at an open house and the listing agent owns the buyer?

I'm confused

Feb 26, 2017 05:07 AM
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Procuring cause is a serious of continuous steps by which the buyer is represented from start to finish. A mere tour of an open house does not show procuring cause. 

Feb 26, 2017 09:36 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I often ask myself the same question about being too nice.  Is it possible to be too nice?  I just dont' know the answer to that.  I do know that I can be smarter about the choices and decisions I make.  

Now that I have read your clarification to Lyn Sims comment and understand the question, yes, an open house is a free for all and why I am not a fan of them. The buyer has the right to work with any agent they want to work with.  An open house does not create agency or procuring cause ... as Nina Hollander mentions.

Feb 26, 2017 08:19 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

Your question is a little confusing, but reading some of your responses in the comment stream, I think, has cleared it up.

If I'm understanding correctly... you're asking "If an open-house-attendee decides to come back with their own buyer's agent, do you (as the listing agent who sat the open house) accept that".

And I would respond that you don't have a choice.  The fact that they attended your open house without an agent does not mean that they de-facto become your client.  An open house is "no-man's land" on purpose.  Buyers/Lookers can come look at the house without an agent and without creating an agency relationship with the agent sitting the open house.

If/when they return with their own buyer's agent... to write an offer... THEN they have chosen representation... and it should be honoured.


Feb 26, 2017 06:29 AM
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

I think you are wonderful.  I paid after 2 showings , one at an open house and a second with mom .  They said they had no agent then contacted a friend.  

At the end of the day, The seller needed to sell and I was glad to get it done.  Maybe I am too nice as well.

Feb 26, 2017 06:04 AM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It is more based on the law of procuring cause. If a buyer drives by an open house, stops, looks, then hires an agent who sets up an appointment to see the home, THEN makes an offer... then the buyer agent should be due a commission. If that buyer visited the open house, then asks a buyer agent to write contract who never saw or showed the home, the listing agent may have a case.

Feb 26, 2017 04:53 AM
Peter Mohylsky
PMI. Destin - Miramar Beach, FL

I am not really sure what the question is here.  I am sure you are very nice to care about your clients.  Your clients are the ones who decide who is representing them. 

Feb 26, 2017 04:44 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Feb 26, 2017 02:20 PM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Most times they have a sign agreement with a buyer agent but still look at open houses.  it is what it is,  been bitten also like this.


Feb 26, 2017 09:07 AM
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

I think you may have run into a couple of unscroupulous agents this week.

Feb 26, 2017 09:00 AM
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If the buyer walks into my open house and does not state they have an agent.  If I spend time showing them the house and answering their questions, that's all you need in CA to make them your client.  Same thing goes for new contruction, if you don't register the buyer before they walk in, you don't get paid!


I've had it happen to me as the listing agent.  Spent over an hour with a family at an open house.  Got their info, followed-up with them.  Offer came in with the person who was selling thier house, had never showed them my listing nor was it even on the list he gave them (per the buyer).  Seller was livid and almost refused the offer and almost refused to pay the co-broke (seller can do that in Cali).

Feb 26, 2017 08:59 AM
Roy Kelley
Retired - Gaithersburg, MD

I prefer your kind policy for good relationships with other agents.

Feb 26, 2017 08:58 AM
Gloria Valvasori, Accredited Senior Agent
REAL Experience | REAL Commitment | REAL Results!

A consumer visiting your open house does not make them your client.  If you have them sign a Buyer Representation Agreement, then they become your client.  If somone came into my open house, the first question I ask is "are you working with another agent, and if so are you under contract?"  If the answer is no, then they are fair game.

Feb 26, 2017 08:45 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

we're listing agents, and if a buyer wanders in without a buyers agent but writes up an offer with a buyer's agent, we pay the buyer agent....always.... we represent the seller....and everyone deserves proper representation.... 

Feb 26, 2017 08:23 AM
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

No, you are not too nice as a listing agent...you are too nice to the listing agents that are bullying you.  Bite their head off and they will back off.


PS:  Since when does anyone need permission to represent a buyer, make an offer or view an open house or show a property that buyers have already seen? 

Feb 26, 2017 08:07 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

No, you are being ethical.  

Feb 26, 2017 07:35 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

The agent holding open house doesn't not have authority to claim that they represent me if I visit their open house without an agent. Even if I ask open house agent some questions about the property, that still doesn't mean they represent me or that they are the procuring cause of the sale.

Feb 26, 2017 06:16 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Kathryn Acciari Showing up at an open house does not create or establish agency and the farthest thing from procurring cause. A buyer is always free to have their own representation.

Feb 26, 2017 06:12 AM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

I don't believe attending an open house "unrepresented" establishes an agency relationship.    

Feb 26, 2017 05:54 AM
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Hey wait... those people I saw over there, ya, those ones over there, I have no idea who they are... I claim them as my clients.

Ok, I was being sarcastic. This concept of having an open house by a listing agent and that a visitor is now a client of the host agent is so ridiculous that it's ridiculous.

So do your thing, show houses, write contracts, and make sure you also get the buyer representation agreement signed by your client....

Feb 26, 2017 05:52 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Time to get the brokers involved

Feb 26, 2017 05:29 AM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

When a buyer comes to an Open House we are hosting, we ask if they have representation. If they say no, then we offer to work with them. If they say yes, we happily split with their agent if it results in a sale.

Feb 26, 2017 05:19 AM
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

I don't think you are I think the other agents who refused it are wrong... simply having an open house doesn't make everyone who walks in YOUR client. I think the way you handle your listings is RIGHT its what I do under those same circumstances

Feb 11, 2018 05:22 PM
Jeanne Gregory
RE/MAX Southwest - Sugar Land, TX
The most important home I sell is YOURS!

I'm just curious, what is "your" buyers stance?  If they want you to represent them and you to submit the offer, the other broker should let it happen.  Or be prepared to lose the buyer.

Mar 27, 2017 12:01 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Alan May summed it up well!

Feb 28, 2017 06:07 PM
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

Yup! Too nice.

Feb 27, 2017 06:00 AM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Kathryn Acciari - indeed you are too nice. Just write the offer for these buyers - and when 

Feb 26, 2017 10:45 PM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

It would unlikely be the case here. Everyone is welcome to my OHs. These agents simply sabotage the sales and all duties to their seller-clients by claiming your buyer-clients. 

I do not know rules in your area, but it is happening often, do instruct your client to tell the listing agents that they already work with you. 

Feb 26, 2017 10:26 PM
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

I would talk to your Broker

Feb 26, 2017 08:53 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 If they come back with their buyer's broker, I welcome them. 

Feb 26, 2017 08:44 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Attending an open does not make them their client, point this out to their broker and yours.

Feb 26, 2017 07:14 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

If you have a signed agency agreement, this shouldn't be an issue.

If you don't, let this be the lesson in getting one signed.  

How you practice as a listing agent is not really the issue.  The issue is protecting yourself from jackals like this.

Feb 26, 2017 04:16 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

No I think you are being ethical and professional and not just thinking about double-ending a deal and making more money. Attending an open house does not establish procurring cause. Perhaps you should speak with your broker as well

Feb 26, 2017 02:27 PM
Anna Banana Kruchten CRS, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ

The first question I'd be asking at open house is - are you working with an agent?  If they say yes, I'd be friendly, show them around and be glad they stopped over. If not I'd see if there was a good possibility we good work together. Typcially they are not going to buy that particular listing so it would not be a dual agent situation - which I'm not a fan of BTW.

Feb 26, 2017 02:14 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I attended an agency class this week and the instructor spoke of this and how it was being done now quite often.

Feb 26, 2017 01:51 PM
Toronto, ON

In my jurisdiction, we would refer to the MLS Rules and any other relevant rules.

Feb 26, 2017 11:22 AM
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Buyer's have a right to choose who represents them whether they saw a home at an open house or any other way.  It doesn't even matter if the other agent hasn't seen the house.   I don't know about your MLS rules, but ours have very strict rules about the co-broker offer.  A listing agent can not refuse the co-broker fee to the agent who brings the buyer, even if they haven't shown the house.  In fact, we have outlying areas that tried to lower the fee if the buyers agent hadn't shown the property themselves and our MLS made a very clear rule that the co-broker fee was offered unconditionally, meaning that those listing agents had no right to change the fee no matter what.  As others have said, just because the buyer came to an open house doesn't make them the listing agent's buyer and they can't make a claim on them.  I'd check your local MLS rules and regulations to see if they are even allowed to do that.  -Kasey

Feb 26, 2017 10:30 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

I'm with Lyn Sims ..speak to your broker and have them contact the listing agents broker. I always welcome the buyers rep!!

Feb 26, 2017 07:58 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Your way is one approach...there are others. Explore to your satisfaction

Feb 26, 2017 07:51 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy


What Lyn Sims said.

Feb 26, 2017 07:34 AM
Teri Pacitto
Compass - Westlake Village, CA
Real Estate, Your Style...Your Home...My Specialty

Maybe I need more coffee but I'm not understanding the question you asked.  As a listing agent if the buyer came to your open house or called you to,show the house you certainly would find out if they have an agent or intend to if they wish to submit an offer.  Then you decide if you want to arrange showing with them or have them bring their agent.  

'I only work with buyers who I have pre approved and have a buyer broker agreement to avoid this issue.  If they come to an open house or broker pre-view I do ask those questions and often they have jumped the gun and came without their agent.  I respect that even though sometimes agents have buyers do the work and they do nothing.  

Feb 26, 2017 07:23 AM
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

This is happening all the time in our market. But we honor buyer agent representation.  Buyers may come to open houses alone.  We ask if they have representation and if they say yes, that is great. If they say no, we can go forward in representing them as agents hosting the open house - write up on that home or any other we may find for them. 

Feb 26, 2017 07:01 AM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

You should mention the name of the franchise that advocates such action. Let's find out if it a rogue agent or a directive on the while towers of the corp. office.

Feb 26, 2017 06:38 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

I am confused (which is nothing new for me) did they go to a new home builder?

Feb 26, 2017 05:31 AM
Raymond E. Camp
Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

Here it would not be uncommon for the listing agent to act as a dual agent; although those with many listings generally send them to their buyer's agent's and still keep a piece of the buyer's agent's commission.

Feb 26, 2017 04:55 AM