Buyers Representation

It aways amazes me of this "love/hate" relationship we as Realtors we have (at least I have), with the buying public. In today's complicated real estate climate, loan issues, short-sales, foreclosures etc; Our expertise is needed more than ever.

As an independent contractor I run my business like any professional that owns their own business/company. I do my part to represent my clients best interest, not only because it is my duty but moreover because it makes good business since. Having said this, I only work with buyers that are willing to sign the "buyers representation" agreement. I don't now and do not foresee that I ever will ask for my buyer clients to pay my commissions or put up some type of "retainer fee", however I do require a simple commitment from them.

I recently had a customer contact me that was coming to Texas from out of state. Because I work with lots of out of state customers, most of the initial correspondence is via e-mail. This particular customer was no different. After getting all the preliminary information, etc from them, I sent them a buyers representation to sign (which the clause; Should the seller refuse to pay the commission, the buyer will be responsible, crossed out). Days went by as did several e-mails from me following up. After no response I called the numbers I had and got the wife, whom proceeded to tell me that she was really busy and needed to call me back.

A few days went by at which point she did call me back. She proceeded to tell me that the reason she/they had not responded was because they had "decided to use another agent to represent them" on this first transaction, but "may consider using me when they move again. She said this first move was to "get into something that just gave them an address for now". She also told me that she/they were "put off" at my sending the buyers representation as they "generally did things on a "hand shake" basis. When I explained that the Buyers Rep was for two reasons, one so I could ensure I would get compensated for my time and two so that I could represent "their best interest", and not the seller default as designed by Texas Real Estate Law.

After explaining my position on this, she said that "She really understood about getting compensated" because as a recruiter, she had been taken advantage of herself, however at this point she was going to use another agent for this first deal.

After getting off of the phone and really digesting the conversation (as I was preparing for my recently deceased father-in-laws memorial); I found the contradictions in her "explanation both irritating and amazing. I fully respect hers or anyones right to use whomever they choose to represent them, as I give her credit to at least call me with the attempt to at least give a reason (no matter how contradictory it was).

After all of this I received what I can only discribe as the "Hale Mary" of all insults. I was ask if I was on "Linkedin", which of course I replied, yes. Then she told me that because she would be trying to retain her position once here in Texas that if I knew of anyone that needed help with their resume; That she would be glad to help them.... Was I just ask for a referral????

After gathering my thoughts I sent the following. I would love to hear your thoughts:

"Thank you for the call the other day regarding your move to Texas.

I was not really thinking clearly, due to all that was going on with the death of my father-in-law, however after digesting our conversations I have come to some conclusions.

While I fully respect your right and decision to "go with someone else" to represent your family in your move to Texas. It does however baffle me regarding your reasoning that you you were "put off" by my simple request to committing to me as your Realtor as this is a "Business Move" not a friend/personal issue. Business transactions/relationships rarely work out well for anyone on a "hand shake" (your words), and I have learned to keep business, business and friendship, friendship.

You mentioned that you understood what it was like as a recruiter, to be "used", therefor of all people you should understand my reasoning in conducting myself in a professional, business manner.

You also mentioned that you "may" use my services when you make your "final move" here in Texas as this initial move was just to "give you an address". I think this would not be fair or ethical to the agent/Realtor, that you are going to use to find your initial address. I personally would not like for anyone to undermine my relationship with one of my clients in such a fashion.

Us "Texas Realtors" are all independent contractors and all have our own moral compass. My compass is to first be honest, second be a professional and third, follow the golden rule (do unto others, as you would have them do unto you). It may be a "simplistic" approach, but it is not only how I conduct my business and life, but also the way I was raised by my parents. I am known by my peers to be tough but fair - professional but compassionate, but moreover honest and forthright.

It would have been nice if you had contacted me to express your concerns, however it is what it is. I hope you find a Realtor that you can give your loyalty to and that they will in turn return the favor, but regardless I welcome you to Texas and hope you and your family much happiness here.

Warm Regards,"