Kathleen Daniels, Probate & Trust Specialist, Probate Real Estate  (KD Realty - 408.972.1822)

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Rainmaker
819,257
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

If the agent had a Buyer Agency Agreement, he/she would not be asking that question... I don't feel you have any responsibility to reveal any names at this time and the agent should keep track of  "his" buyers.

Jan 03, 2020 05:24 PM
Ambassador
4,206,588
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Sounds like her 'customers' flew the coop - both of them! 

It's absolutely NOT okay to share the buyer's name but, if the buyer's name is NOT one of the two she asked about, I would welcome the opportunity to put her mind at ease. Otherwise, if it was one of her buyers, I would simply say, "I'm so sorry but, as you know, I can't share that with you."

Jan 03, 2020 09:39 PM
Ambassador
1,815,195
Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

I'm sorry... but that's confidential until closing.

Jan 03, 2020 03:51 PM
Rainmaker
944,537
Elyse Berman, PA
Best Connections Realty, Inc. - Boca Raton, FL
Boca Raton FL (561) 716-7824 CRS, ABR, GRI,ePR

I've had this happen.  When the agent called to ask, they offered up the name and asked if it was this person.  I didn't answer.

Jan 03, 2020 06:01 PM
Rainmaker
534,546
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Unfortunately Some buyers do jump ship. Your information is confidential

So who procured the cause?   I can see this a legality. He may find out from the buyers themselves.

Jan 03, 2020 04:56 PM
Rainmaker
542,658
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

You can find out when it is recorded 

Jan 03, 2020 08:41 PM
Ambassador
2,584,857
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

None of the agent's business, that is confidential information.

Jan 03, 2020 05:39 PM
Rainmaker
4,068,220
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Is this agent a party to the transaction that has been agreed?  No.   My first reaction is that it's confidential at this point.  Too many things can and do happen...

Jan 03, 2020 03:46 PM
Rainmaker
218,238
Kris Collis, Associate Broker
Smart Way America Realty - East Stroudsburg, PA
Professional Results you Expect 570-801-5525

Clearly confidential.  

2nd point...
jumping ship does occasionally happen, even set up by unscrupulous agents.

Unfortunately buyer agency does NOT ensure anything. Buyers ignore these agreements as non enforceable, or get talked into believing that.

Jan 04, 2020 01:11 AM
Ambassador
3,261,542
Anna Banana Kruchten CRS, CRB, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

No that won't happen. Obviously the agent is concerned about procuring cause.  Take it up with his/her broker and go from there at close of escrow.

Jan 03, 2020 09:56 PM
Rainmaker
1,877,821
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

I'd respond with: "You can check with the County Recorder right after the closing on 00/00/0000". And I have done exactly that several times Kathleen Daniels 

Jan 03, 2020 07:26 PM
Ambassador
5,368,231
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

I would not reveal any names, would consult with my broker and if a procuring cause situation was in play then may get the buyers agent in the loop and let the other agents negotiate something after closing.

Jan 03, 2020 07:17 PM
Rainmaker
2,635,627
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

First impulse is no comment or cooperation. Second, we talk some more. Third if any, we clarify what is going on and why and fourth make the request in writing, fifth, consult with clients and buyers before answering or doing anything. 

Jan 03, 2020 07:02 PM
Ambassador
4,561,685
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I'm sorry that's confidential. But it sounds like the agent suspects the buyers wrote the offer with another agent. Perhaps an email back to the agent and the broker?

Jan 03, 2020 05:37 PM
Rainmaker
551,496
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

I wouldn't disclose this until the property closes - at which time it becomes a matter of public record.

Jan 03, 2020 04:02 PM
Rainmaker
1,707,423
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I don't like the sound of this. It is a bit like someone doing a procuring cause.

Jan 03, 2020 03:47 PM
Rainmaker
736,545
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
Carolina Life RealEstate & Relocation 919-602-8489

1. That's confidential information. 2. You need to close this for your sellers and not get involved in a situation that could potentially go wrong because two agents are arguing over procuring cause. Let them take it up after the fact.

Jan 04, 2020 04:51 AM
Rainmaker
4,006,859
Richard Weeks
Dallas, TX
REALTOR®, Broker

I would first say "are you kidding?".  Then I would give them the buyers agent's name and ask that they call that agent.

Jan 04, 2020 02:09 AM
Rainmaker
986,272
Doug Dawes
KW Evolution - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

"Were they under contract to you?" "I don't share that information" 

Jan 04, 2020 07:22 AM
Rainmaker
1,717,684
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

I ask the situation & then if I find it is warranted, I have HER/HIM tell me the name & then go yes or no.

Jan 04, 2020 06:37 AM
Rainmaker
875,730
Peter Mohylsky. Broker -BRIX REALTY
Miramar Beach, Florida - Santa Rosa Beach, FL
BRIX REALTY -DESTIN

How well do you know the other agent?  Do you have a record of a showing evolving this agent?  I would probable reply honestly.

Jan 04, 2020 04:58 AM
Rainmaker
4,169,688
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

All information will be available upon the recording of the deed.

Jan 04, 2020 03:50 AM
Rainmaker
884,283
Mel Ahrens, MBA, Kelly Right Real Estate
Kelly Right Real Estate - Hood River, OR
Customized Choices for your Real Estate Needs

Sorry, confidential until after closing. Then you can check the County records for the recording of the transaction to determine the new owner.

Jan 03, 2020 09:59 PM
Rainmaker
191,265
Denise Copeland
Home Sales Palm Beach - Jupiter, FL
Jupiter Abacoa Sales & Beach Front Luxury Homes

NOYB. Seriously? No way would I answer that. I would tell the other agent that it is confidential. I'm sure this other agent has some wayward buyers and didn't have a buyer/broker agreement signed. But NOT YOUR PROBLEM!!

Jan 03, 2020 07:22 PM
Rainmaker
610,686
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

While I would not answer because I would not want the drama, I am not convinced that answering that is "confidential" as your client is not the buyer.

I could be wrong...show me.

Eve

 

Jan 04, 2020 08:30 AM
Rainmaker
883,777
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

"This will be available information AFTER closing which is anticipated within 90 days."

There is no buyer loyalty. EBA are tools to entrap buyers and limit their choices when they realize they've been tricked. It appears the "VALUE' this agent offers is insufficient to meet the buyer expectations. There are MUCH BETTER ways to create loyalty than EBA entrapment.

LOs should read this very carefully.

Sent from the Dodgeball Penalty Box

Jan 04, 2020 05:16 AM
Rainer
149,816
Ken Jones, Commercial Real Estate
Kenneth J. Jones, Inc. - Toms River, NJ
Serving Central & Northern New Jersey Since 1971

Kathleen Daniels My response is, "I'm sorry. But, as you know, that information is confidential. I suggest you call that buyer and ask if they made an offer. Bye."

Jan 04, 2020 09:17 AM
Rainmaker
5,571,411
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

as listing agents, we are not involved in the buyer agent's battle.... but that agent had better not interfere with the transaction if he/she wants to maintain a license....

we put the buying side in escrow if two offices request it.... the bottom line of their battle is how we direct the commission....if it goes to court, and we get sued for that commission, we turn it over to the clerk of courts... not our battle.

Jan 04, 2020 09:09 AM
Rainer
268,500
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

Never happened to me and I would refer question to my broker. Giving that information is a violation of our firm privacy policy without permission in writing from client and if buyers are not our client I doubt we would be getting said permission in writing.

Jan 04, 2020 08:30 AM
Rainmaker
597,669
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Kathleen,

The issue being do they have a procuring cause case.

# 1 I would tell the seller about the inquiry and get any input they might have.

# 2 I would ask the buyers’ agent to ask their client if they had any conversations or dealings with the agent in question. I would tell them why I’m asking.

# 3 I would ask the agent who is asking who the buyer is to produce a copy of their buyers’ representation agreement for the consumer they think may have gone around them.

Depending on the outcome there are several ways to go:

# A It’s a non-issue that can be quickly resolved.

# B It’s a broker to broker conversation.

# C If it looks like the buyer is not at fault, the burden of proof falls to the complaining agent/broker.

# D If it looks like the buyer may be at fault, I would encourage their agent and broker to suggest the buyer retain an attorney.

I’ve had this happen IRL and find that either:

The buyer isn’t who the complaining agent thinks it is, case closed.

Or, the agent may have shown the buyer some houses, but not the one in question, but didn’t have a written buyer’s representation agreement.

I’ve always had these get resolved quickly.

Jan 04, 2020 07:57 AM
Rainmaker
1,385,024
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

I believe you are not permitted to reveal this information until after the sale. If the agent wants to know if the buyer is their client, they should call their client.

Jan 04, 2020 07:49 AM
Rainmaker
4,067,752
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

That is not your responsibility to provide that information. It's confidential information. She needs to call the people who might have jumped ship. Or she can wait till the property closes and check on tax records. If she can prove that a buyer agency agreement was violated she can take action then.

Jan 04, 2020 04:53 AM
Rainmaker
1,105,895
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

My favorite answer is that's a taco, burrito conversation......nachos!

Jan 04, 2020 04:10 PM
Rainmaker
507,793
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

I would think this information is confidential.  The agent can definitely see who purchased the home from tax record once it is closed and funded and updated in the system.  

Jan 04, 2020 03:23 PM
Rainmaker
5,538,800
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Kathleen,

It is confidential. A

Jan 04, 2020 11:58 AM
Rainmaker
6,556,782
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

I would not disclose confidential information. 

Jan 04, 2020 10:20 AM
Rainmaker
3,979,935
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I do not give it out.

 

Jan 05, 2020 09:09 AM
Rainmaker
1,381,873
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Even without the confidentiality form being part of the RPA, I treat all offers as confidential.  If the agent isn't a part of the transaction, I don't disclose the details of the offer, even if they're part of the same "team."  They would need the additional agent addendum for me to speak with them.

Jan 04, 2020 09:33 AM
Rainmaker
898,496
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

"No one you mentioned is known to me." or "I would be happy to provide you with the names of the buyers when the transaction closes. It will be public record, after all. Until then, I do not see a reason that I should provide that information about the parties to a transaction in which you are not a party."

If that agent has a problem, Kathleen Daniels, they will just have to wait. 

Jan 05, 2020 10:21 AM
Rainmaker
1,636,542
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

I cooperate on that request.

Jan 05, 2020 08:49 AM
Rainmaker
468,799
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

I have empathy for the agent wanting to find out if the buyer they have been showing homes to wrote an offer on it with another agent but as the listing agent we can take no action that is (or could be) detrimental to our seller. The buyer's identiy is confidential to anyone outside of the transaction. We could ask the inquiring agent who they showed the home to and tell them that I will have to check with the seller.  If it's not the same buyer I would recommend to the seller that it's OK to let them know and put the inquiring buyer's agents mind at ease. If it is the same buyer discuss the scene with the seller (explaining that telling the inquiring agent could muddy the waters and I recommend not telling them as there's no benefit for the seller - only potential complications).  Then call the inquiring agent back tell them seller's answer.

Jan 06, 2020 06:53 AM
Rainmaker
590,346
AJ Heidmann ~ CRS
McEnearney Associates, Inc. - Alexandria, VA
YOUR Alexandria & Arlington, VA Real Estate Expert

Kathleen ~ That is not a responsibility of your representation to the client the seller.  If that agent was ghosted by the buyer, they can go after the commission once it is settled if they have a procuring cause case.  This is not the responsibility of the listing agent.

Jan 05, 2020 11:35 AM
Rainmaker
641,093
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Santa Clarita & Aliso Viejo

I would ask the name of their buyer to see if it is the same.  Then proceed with the transaction since I have an agency and fiduciary duty either way.

Jan 06, 2020 09:22 PM