Jim - An eye opener as always. As the market and my business changed from sub-agent to 100% Buyer Agency I have found it easier to give "my" opinion on any property viewed instead of the buyers that I represent.

The safest response I give that relates to my client is : Buyers First Time out looking at property unsure of wants and needs at this time.

I find this satisfies the need of the assistants requirement to provide feedback to the Listing Agent and Sellers.

Oh I so agree. I hate getting feedback requests and ignore them. Why would I tell a listing agent anything about our likes and dis likes. You will know IF you get a offer!

We still have "sub" agency here on the east end of Long Island, but the point that you make for those of us not engaging is fantastic. No feedback with buyers that we represent- and thank you for providing a case that demonstrates just how important "confidentiality" is in our agency description!

Jim:  This is the first time I've heard about this and it's something to think about.  I find it odd that in all of my formal training classes,l especially GRI for example, that this has not been a topic for discussion.  I can't fautlt a listing agent who wants feedback and the courteous thing to do is at least respond.  As a listing agent, I know my clients certainly want feedback if possible.  I think more awareness of this issue is definitely something that needs to be addressed with real estate agents.  I doubt that too many agents, at least in my market area, have heard of this. 

Jim, Interesting post....and an eye opener.....I'll have to think this change in the paradigm out

Laura Gray (RE/MAX Realty Group)  Smart approach.

Laura Jefferson (Acquire Real Estate)  Exactly!  If an agent is interested, they will call and request more information.

Options Realty  Agreed. We must protect our clients.

Donna Yates, Georgia Realtor Georgia Real Estate,Blue Ridge Mountains (Coldwell Banker High Country Realty)  It you are previewing a home and have no clients...feedback is fine.  However, if you are representing buyers...we have no business tipping our hand.  We all need to rethink our ways.

Debbie Cullen-Your Cape Coral, FL Specialist (Century 21 Sunbelt 239.233.2322)  Glad you enjoyed it.

Jim, I've always been bothered by the listing agents who feel it is my duty to provide information to help them market their clients homes.

It is not my duty.  MY duty is to my buyers.

I will return feedback calls but unless I have my buyers permission to give it, I don't.  I simply acknowledge to the agent that I received their call and thank them for allowing my buyers to view their listing.

Kris Wales - Macomb County MI real estate blog & homes for sale search site (Keller Williams Realty - Lakeside Market Center)   Very smart!  Besides, what a listing agent wants is another "Bad guy" to do thier dirty work.  They will only say...the other agent says..."Your home has bad....breath!"

Jim...interesting.  I've never quite thought about it the way that you portrayed it.  I know some listing agents ask for feeback so they can go back to their sellers with things such as, if they are trying to get the seller to reduce their price...they will use the agent/buyer feedback (if appicable) to support their price adjustment, etc. but I never saw it as a "card in hand" for sellers.  

As a buyers agent, I've been asked for feedback and sometimes its not always about the buyer's opinion.  Its more of how did the house show, what did you think of the price, etc.  As far as my buyers feedback, I never reveal their position however if my buyer is interested, I usually call the listing agent before they even get around to contacting me for feedback. 

On my listings, I have asked for feedback for two reasons.  First, because was I "trained" to do so (don't get many responses to my feedback requests) and secondly, my sellers are interested in what others felt and thought about the property.  One of the reasons why I will hold a brokers open for my listings is so I can get agents feedback. 

Good post and I'm sure has plenty of agents thinking right now.....or second guessing themselves....

Good point and one most people are either unconscious or oblivious to. I always enjoy your posts...

Gina Chirico, Specializing in Essex County, Prudential New Jersey Properties (West Essex/Livingston)  When you are working with a buyer...anything you say could be detrimental to their interests.  Including your opinion...after all you are their professional representative.

Perrin Cornell, ABR (Windermere RE/NCW)  Thank you Perrin.  We really need to discuss these topics in our industry.

Hmmm.  Thought provoking.  Hadn't thought of it this way.  I do try to get feedback for the sellers, mostly to use for price reductions, changes that can be made to the house (if every buyer says they don't like your lovely wallpaper, maybe you will finally change it!).  But I will have to keep this in mind.  Maybe feedback from agents point of view instead?

I've pretty much gone to using the feedback form as a thank you note.  If there is something pretty I feel like I can say "nice" or "pretty."   My feedback is virtually useless but it is pleasant.

I still do the feedback for sellers but think it is just to placate sellers. 

Our board magazine had an article a couple of years ago... what I got from reading it was that it is it is our duty to provide one another feedback.   I had to disagree but it was not a blog post, it was just a magazine article, probably online but not open to discussion.

Good Post and Point of view Jim. Certainly sound reasons from the Buyer and Buyer's agent side. From the Selling side I have heard such comments from Seller's as " Don't you guys cooperate with each other? or I always like to hear what the other agents and or Buyer's are thinking even if its bad ."

This of course is not an endorsement or an argument in favor of or against feedback just an observation.

If nothing else your post may help to temper some agents flamboyant statements while giving feedback.

May be safer to say something like " Nice enough home, Just did not seem to hit the buyer right at the time of showing. If anything changes we will keep you informed."

I always like the agent who calls and says thier Buyer loves the house please let them know if another offer comes in before they have an opportunity to present.

What expectations have they set for the Seller and Seller's agent? What hole will they have to dig out of if they indeed do not intend to write a full price offer?

Kathy Batterton (RE/MAX Infinity E-PRO GRI)  The agent that was sued gave feedback...was sued and lost.  It was all from his persepective.  The right answer is no feedback.

Maureen McCabe Central OH Homes (Real Living HER Worthington MaureenMcCabe.com )  Even being nice to the listing agents or polite...our words can have a big price tag for our clients.

Downtown Portland Real Estate Broker~Herb Hamilton (RE/MAX Preferred Inc. Realtors)  I hear you...and when you think about it the last time a seller bought or sold a home could be 15 years ago.  A lot has changed since then.  I do agree, and I feel professionalism is very important, and if I am really pressed, I will just say "...this was their first day out and they have not focused their search yet!"  Something innocuous...if I have to say something.

Thank you Jim,   very interesting post.  I have never been one to give feedback on any listings and never ask for it.  The time for feedback is at an agent's open house.

Jim - Unless a storm blew a hole in the roof of a vacant home and it was noted by the BA. I find feedback only a placebo to nervous sellers. The only type of feedback I usually want to receive is an offer. Good advice to curb your words

Erika Nicholson Columbus Ga Homes (RE/MAX CHAMPIONS REALTY, Columbus Ga)  My sentiments exactly!

Claude Cross-Charlotte NC Real Estate, (Homes By Cross)   Exactly.  "By the way there was a fire in the home at the time.  I just tried to stay out of the way of the three firemen ripping out the kitchen ceiling to vent the smoke."

Jim wrote: "Even being nice tot he listing agents or polite...our words can have a big price tag for our clients."

I think "tot he" probably means "to the"  ?

I think I have given it enough thought and am careful enuff to pull it off, but thanks for your concern.

I first heard about not giving feedback when working with the buyer from a discussions among EBAs back in about 2004 or 2005.  Some crazy,  radical, burn down the house (the house being NAR) Exclusive Buyer's Agents.   In my initial consultation with a buyer (if I can CITO the  buyer),  I  ask buyers permission and discuss the issue. If they don't really get it or want to discuss what feedback THEY want seller to have.  "Thanks for letting us see the house, nice green front lawn" usually is not going to come back to haunt me. 

The point the EBAs were trying to make in the conversation, was "I am not going to give the seller feedback" Rather than make a big drama out of it... I prefer "thanks for letting us see the house, great door knocker.."

Bravo Jim, You hit the nail on the head here!
Make this a great week,
Paul

aureen McCabe Central OH Homes (Real Living HER Worthington MaureenMcCabe.com )  I don't make any issue of it, as an adult I just do not give it.  It is that simple.  Most especially, some agents give their response in a email.  That is pure foolishness.  Never, ever, ever, put it in writing, print or Internet form!  Then all you would have to do is follow the paper trail!

Paul Henderson, Realtor ® Lacey & DuPont Washington homes (RE/MAX Professionals & Four Seasons Inc.)  Thanks Paul.  Real estate agents need to start acting like professionals.

Didn' think this would garner so much interest. I tend to keep those thoughts to myself. It's better that way.

JIM..Excellent Post ..I love reading your posts ..They always are so interesting..Full of Charm and Grace or packed with a Punch ..Always great reading..Thank you

HELPFULHANNAH your friend in Philadelphia

www.yellowise.com  I agree.

Robert L. Brown~Grand Rapids Real Estate Bellabay Realty, West Michigan (www.mrbrownsellsgr.com)   On topics like this, our industry needs to discuss openly.  Everyone benefits when everyone is well informed and versed on a partiuclar topic or subject matter.

Hannah Williams (Re/Max affiliates NE)  Thank you Hannah!  I am from New York originally and I just can't help myself.

Hello Jim, as always you are on point.  I like to tell my buyer clients at our first meeting that we are now negotiating for the purchase of their next home -- even though we haven't yet seen "the home" and the seller doesn't yet know who we are.  By our combined actions, including viewings, anything we say and the offer presentation, we will have a stronger position if we do our research (know the market) and be discreet.  Thanks!  John 

If an agent wants feedback on a house I give them my professional opinion of what I think of the house.

Alexander-Slocum REMAX Team - Vancouver WA Real Estate (RE/MAX equity group, inc. - Vancouver Washington)  Discreet is very smart.

Gene Allen Realtor Hampton Roads Real Estate (Resh Realty Group)  That is what the agent that got sued did.  His cleints changed their minds and had other plans.

Jim-

Interesting Post. We use feedback to make our sellers aware of their challenges and Strong points.  It helps us to get our clients to be realistic about their pricing and also the condition of their home.

As to the agent who used feedback to trash the home his clients actually bought, I think you have a case of Social Darwinism there.  He got what he deserved. If he had more professional, he would not have used the opportunity to grind his axe.

As always , thanks for the post.

Jim Wood Nashville Real Estate (Crye-Leike Realtors, Inc.)  That agent never thought they would go  back and be interested in that home.

Hi Jim,

I agree with Jim--sellers demand feedback and there is a way to give the feedback and NOT jeopardize the agency relationship that you have with your buyers.  You can simply give straightforward answers--'Kitchen needs updating,' etc.  OR, the way that I provide it is by saying, "In my opinion..."  That way, I'm covering my bases and also being as helpful as I can to the sellers.  I've garnered sellers that way--their agent never told them that they needed to do this, that or the other and when I say what needs to be done in their feedback, they receive a copy of it and if they're at  the end of their contracts with their agent, they start interviewing others.  I'm not saying that providing feedback is a way to get clients--it has just happened to me before.  I don't give the buyers point-of-view, I give mine---the request is, "Please provide feedback from YOUR showing at ___" so, that's what I do!  Our Association requests that we do that out of courtesy to the sellers who are vacating their homes to have others view it and want the knowledge of what buyers are looking for in the market.  Just MHO!

Debe Maxwell, Realtor® - Charlotte NC MLS - Charlotte NC Neighborhoods (Helen Adams Realty)  Thanks a lot Debe.  We must always think through the consequences of our actions, and yet provide the service that is expected of us without compromising ourselves or clients.

I worked for a broker in NY that said when someone asks you for something always ask them for something back.  This sets up a pattern for future negotiations in the future.  You did the other agent a favor showing their house, they owe you - good manners say the listing agent owes the showing agent a thank you card, not a customer feedback request.  If you provide customer feedback it should be done in the framework of negotiation - even if the other agent does not know it and with your customer's permission.  The other agent asks for feedback, say "there are a number of favorable points, and a number of concerns, is the seller willing to negotiate?"  If you are not getting both sides of the commission, don't do the other agent's work.

I certainly don't respond to all feedback requests, and I REALLY hate the "checkbox" automated email feedback systems.  When I have the time, however, I understand why being able to provide a seller-client feedback from buyers' agents is important, so I do comment when I can.  However, I don't provide them my buyer-clients' feedback.  I tell them what I think of the property based on my own professional expertise.  I believe that is basis professional courtesy, and when done properly it doesn't compromise the buyer-client's position.

Those are excellent points Jim.  But I disagree.  What's wrong with saying, buyers' are still looking, or decided on another area or want a townhouse instead, but thanks for allowing us to show your home.  Sellers have to keep their home in showing order at all times and vacate the home at inconvenient times to accomodate showings.  I think there are plenty of neutral comments you can make about a home without tipping a buyers' hand, it's a courtesy to the sellers in my book.

Linda Metallo, Re/max Impact, Lockport, Il. (Chicago) 

Dan Homan (Coldwell Banker Ellison Realty, Inc)  Your brokers is quoting the way it was under sub-agency.  That was the correct advice 15 years ago.   I would not tell them what any favorable points are.  People try set up a win-win situation and it really is at their clients expense.  If I represent a buyer I represent the buyer.  BTW I used to do professional labor negotiations and arbitration's.

Bill Morris  The basis of that lawsuit was the agent gave his opinion of the home.  He thought he was being a professional.  His clients said they were not interested.  Buyers are liars!  They sued their agent and won!

Linda Metallo (Re/max Impact)  You are entitled to disagree.  I see nothing wrong with innocuous comments, but that isn't feedback.  Feedback are items a price or terms could be attached to.

Not Feedback

• It was the buyers first day out...they're still focusing
• I showed so many homes I cannot remember that one
• We decided not to go in once we opened the door, the home faced the wrong way...

Feedback

• The home smelled like a toilet, they smoked like a chimney, filthy
• The home is way overpriced for the condition it is in
• The home needs all new carpet and paint
• The home needs a new roof
• The dogs have ruined the hardwood floors

Jim:

I am new in the business.  Thanks for posting this, I learn something everytime i read your posts.

Jorge
www.JorgeSanchezRealestate.com

Jorge Sanchez (Remax Integrity)  I am happy to help!

I just came across this because it was featured in the REMAX Activerain Group, which I continue to frequent.  (You can take the girl out of RE/MAX, but you can't take RE/MAX out of the girl - or something like that.)  I am soooo glad to see you cover this topic. 

I couldn't agree more that Buyer's agents should NOT be providing feedback to sellers or sellers' agents because it is not in our client's best interest. 

I'm also very vague about comments since they have come to haunt me in the past..  As you can see I'm still in the Halloween mood. 

Hey, Jim -

Great post - congrats on the feature!

I think we have to balance professionalism and our fiduciary responsibilities here.

In most cases, the feedback I provide to the Listing Agent is both useful for the agent and his or her clients, and not harmful to the buyer client I represent.

Stating the kitchen is a "bit too small" for their family will likely not hurt my buyer's even if they do come back to buy.  It is not an insulting comment that will polarize the seller, and will possibly provide a bit of leverage to the buyer should they decide to write.

Also, remember, you're likely to do business with the Listing Agent at some time in the future.  Being thought of as a courteous professional by that agent can only enlist them to your cause in getting a buyer's offer accepted.

My concern here is that some might avoid feedback altogether - and I don't think that would help anyone.

My two cents, anyway!

DEAN & DEAN'S TEAM CHICAGO

Jim,

Excellent post! I'm a Newbie as well! Have a great day!

Jim, I had truly never thought about this before. I have in the past done more of the "my opinion" like Debe,  but I will sure be much more aware in the future. I plan to print this and give it to my broker for our next sales meeting. This is something we need to be thinking about here in Middle Tennessee.

I find this an interesting post.  I think I will have to give this some thought.  But my initial reaction is:  How difficutl this business can be!

Thanks for the post. I am forwarding it to the buyer agents on our team. As our team's listing specialist, I am continually amazed at the amount of negotiating leverage I can get from buyer's agents and usually all I have to do to "pry this out of them" is to call and say "Hi, I see you showed my listing at..." and sit there quietly while they talk.

Jim

Great points made....I never looked at it that way.

Hope you have a great day!

Awesome post Jim! If a buyer is interested, they will make an offer plain and simple. I never make those phone calls because who really has the time to answer them anyway? It's not productive.

Good information.  A buyer's agent is all about the buyer.  I think that it is helpful in representing the buyer to ensure that the relationship with the selling agent is courteous and professional.  People like to sell to people they  like.  Agents like to work with agents that they can get along with!  It is only courteous to respond to seller feedback requests.

  On the other hand, it can  never be in your buyer's best interest to "trash" a property.     

I think I did hear about that case, specifically I remember it being mostly about "gawdy paint colors", am I right?  I have been very careful since I heard about that.  I do always try to give feedback when asked, but even if my buyers are very interested I would never indicate that.  I prefer to hold my cards close.  I figure I'm giving my opinion, not my buyers.  I like to use "they just started looking".

On some of my listings I've received feedback saying "buyers are very interested, this is the house they want, we will be making an offer".  Well, thanks for the info - I'll make sure to use it to my seller's benefit!

Wow. I had never thought of that and I am a stickler for these kinds of details.  I usually give a pretty generic response but even that I can see is breaching fiduciary duties.  I consider myself a changed woman as of now! Thanks for the eyeopener!  In fact, even for those buyers that I am not representing as a buyers agent I am going to forgo the response (unless it is within our own office and we are representing the seller, not the buyer - the only time that we practice sub-agency). 

Hi Jim :o)

Passionately written, and while I agree that we should be careful of the consequences of our actions and what we say, I totally 100% agree with Debe Maxwell and I ALWAYS give feedback 'from my Realtor opinion' and always get it from other agents too.

It has been invaluable to my sellers, and in one case, when 3 agents said "Hey you're listing this vacant home as a 3 bedroom, that 3rd bedroom is too small its not really a bedroom, you couldnt even fit a bed in there" - well, because I heard that 3 times, I put a bed in there !!!! I never heard that feedback again and the home sold 2 weeks later.

Thats just one example, I have dozens of them for why feedback, giving correctly, is extremely helpful, within my rights as an agent, and a courtesy to the sellers agent - after all, many buyers agents will have a listing themselves one day and in my area they often will look for feedback too :o)

...I think the situation you stated where the agent was sued is the rare case, not the common case, at least in my area.

Anyway, just one guys opinion, and I see that Debe and I are in the minority, but thats whats great about this community isnt it :o)

Cheers Jim, nice post to get us all thinking a little deeper into some everyday issues !

Sheldon

Sellers want feedback.  Buyers' agents have to put the shoe on the other foot, too.  Sometimes they are also listing agents.  And we all work together.  One agent I know got fired, because he didn't give his seller enough feedback.  I only want something to tell my seller who had to leave home on a Sunday afternoon for buyers who are just looking.  Unfortunately, not all buyers are prequalified and serious about buying at this time.  But that's another issue.

Jim, I agree with the basis of your post.  I do give feedback, as a professional courtesy when asked by a listing agent.  The feedback I provide is my assessment of the property and not what my client may think.  Much like when I go to an agent open house. 

Jim: I always give FEEDBACK only that I want to help the buyer.. now with your post I have to think it out more clearly on what I'm saying to the sellers agent. Many times working with a buyer I explain to them that I represent them in the sale of their home, so  do that your post seriously. Thanks for the reminder.

Jim,

Old "habits" die hard don't they?  Excellent topic-thanks for sharing.

Your post got me to thinking about something else.  What about buyer's agents that call the the listing agent and ask "do you have any other offers coming in?"

This topic has never been explained to me in this way. I take all kinds if real estate classes and seminars..I am a CRS, ABR, GRI blah blah blah and have not heard it like this. I do give feedback from my opinion and as a gut feeling not given info out about my buyer/client. Thank you for this enlightening post.

Good points...sobering, serious, humbling. Many real estate trainers never wore helmet, locked and loaded in the real estate trenches. Give me a battle weary but experience rich real estate professional in the real world to learn tricks, get new tools to go further in this real estate game. Keep making the valuable points Jim Crawford.

Jim thank you for the wake up call !!! Clearly an industry "Blind Spot" !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Great points Jim. I think you wrote me a few months back about taking continuing ed classes in Maryland. If so, RE/MAX 100 offers them free to their agents and with permission we can bring a guest now and then. Also, the MAR Convention has great speakers for the mandatory hours. Plus, I think I noticed some online classes. Hope this helps and I am 90% sure it was you...was it?

Jim, When I ask for feedback, I'm asking for feedback on the property NOT the showing. I ask the agent how it compares to other properties they have shown. I ask them if they feel the price is competitive.

What their buyer thinks of the property means nothing to me. I give feed back the same way.

To me this is what feedback's all about.

But having said that feedback is not something I stress over. It I get it I get if not I don't really care. I tell my sellers at time of listing that the only feedback we care about is an offer.

I guess I never thought of it that way but as a listing agent I know my sellers want to know what is going on with their property. It's helpful to know if people liked it or didn't and if not, why? If all I can tell a seller is that X number of people came through and no, I didn't even ask for feedback then I'm pretty sure the seller would not feel I was living up to my responsibility. Real Estate agents get a really bad rap about sticking a sign in the yard and waiting for someone to call us with an offer. If you show the home I represent, I will call you for feedback. I owe it to my seller. You can choose not to tell me anything but I'm still going to do my job.

Jim,
This is surely a different way to look at this. I have to give this some thought. When selling my own personal properties, I couldn't wait to hear feed back from the buyers.
When I get feedback on my listings, I share it with the sellers. It helps with price reductions.

Jim - I'm obviously one of your late readers on this but can't tell you how helpful I found it.  Your points about fiduciary responsibility are right on target and highlight just how important non-compromising communication can be.  Thank you!

Honestly, I had no idea.  Here is Texas we give and receive feedback all the time.  Now, I know why some agents don't leave feedback after a showing.  I always ask for it though. 

When I do give feedback, I always remain professional, but I guess now I will have to rethink what I say.  Thanks for the post.

After reading this Jim I may have to rethink how we do it. I have my BA's pass all request to the buyer and let them respond also CCing me. If the buyers doesn't do it, then I tell the selling agent that and end of story.

In Law School they said never put something in writing that you couldn't defend in court.

Jim,  Thanks for the great example of the trouble that feedback can cause.

I think that I'll save this link to your post and send it back with every email feedback request I receive.  Maybe eventually we can get agents to stop with the feedback requests.

Excellent post Jim. Most of the agents think that is their obligation to provide the listing agent with the feedback of the showing and even including their buyers perspective.

Thanks for your excellent tip of awareness.

Great post!  I need to be more careful, too.  I'd rather just give your standard examples from now on.  

I don't know how it is in other states, but every time I delete the request for feedback emails I receive from showings, they always come back within a few hours.  I'm not sure if this is automated or the agents see I did not return it and deleted it.  Almost like they have a mind of their own.  Next time, I will just keep deleting until they go away....or, dump them in my SPAM file.

Scott Miller, Realty Associates, Boca Raton, FL

I will definately have to give some thought to this and bring it up at our next office meeting.

I leave pretty innocuous feedback but I do generally respond to the request with (buyer's agency in mind). In asking for feedback - which I will definitely continue to do - I'm sometimes amazed at what other agents will say...

Great post, Jim.  I hadn't thought of feedback in those terms.  From this point on, I'll have to really consider whether or not to provide feedback. 

The best feedback is an offer anything else is as you pointed out not necessarily helpful to buyers.

Margaret Woda, Maryland Real Estate (Long and Foster, Crofton Real Estate)  Margaret, I do not know why it isn't refused by more.

Judy Greenberg- Coldwell Banker- Long Grove - Buffalo Grove (Committed and Dedicated Realtor in the Chicago Suburbs)  Vague is very good, and specifics... not good. 

Dean Moss - Dean's Team Chicago Real Estate Team (Dean's Team - Keller Williams Lincoln Square Chicago)  I just don't provide it at all.  Think the entire thing through.  Under the new laws of agency you have no business giving service to anyone buy your clients.

If you are being nice to an agent because you might do a deal with them, isn't that self serving?  How does that serve the needs of a client?   How would that look if someone had to go to court? The judge could say, "But isn't it a fact that you were under signed buyer agency to represent the interests of you buyer client?"

Connie Harvey Realtor Nashville TN Real Estate (Prudential Woodmont Realty)  I think it something we need to all think about, including myself.

Great post. I learn something for AR everyday. If you are the listing agent on the  home, how do you respond to "Will you call for feedback after each showings?" 

Janet Stevens (sutton group results realty inc.)  The stakes are big in this business, and people are sue crazy.

Hi  Jim -- There is a big piece of the pie that is missing to this topic and that is how the listing agent will (and it is occurring more and more in these tough times) say: bring me an offer and I will make it work.  Or, I will get the seller to accept this offer.  Or things like that.  There is so much inappropriate conversation that takes place on BOTH sides of the fence. 

Using your 1st bullet, another interpretation could be and often plays out with my buyers is that a buyer could really like the home but still may not be willing to pay more than fair market value or even less.  Desire and reality can be different so I wouldn't be so quick to say a buyer is willing to pay full price just because they like a home.  In fact, in my market, almost all homes sell for less, sometimes much less than asking price, even when they are the creme of the crop, because that is our local market.  Also, if my buyer really likes a home and wants to be informed if another offer comes, by asking the listing agent to keep me informed if another offer comes in by association, means the buyer is interested in the home.

In general, I agree with you in that a buyer's agent needs to be careful.  I would also argue that feedback is almost completely unnecessary if a listing agent does their job as they should have the expertise to already tell the seller what the feedback will be regarding price, condition, functional obsolescence and the like.

Good Morning Jim,

Could you please provide the case law in your blog? I like to read the actual facts presented by the Court and determine their local applicability. Thank You.

Howard Goff -- Clark County Vancouver Real Estate (Keller Williams Realty)  I would do the same thing.  If the person is foolish enough to provide me feedback, I'll give it right to the seller.  It isn't idle chatter...

Rob Thomas (Heritage Homes at Sixth Street,Inc)  Glad to help!

Jackie Connelly-Fornuff (Coldwell Banker Residential - Babylon) Exactly!  Don't call me, I'll call you if we are interested.  There is nothing productive for your clients if you did make the call anyway...

Beverly Carlson (Carlson Properties)  ...but giving any feedback how does that serve your client if they decide to go back to that property.

Tracie Cope (Real Living HER - Newark/Heath)  We still need to consider why are we giving any feed back?

Diana Hoyt (Lakes Region Buchanan Group, LLC)  It sounds like you have a plan!  That will work!

This is an angle of feedback that I have never thought about.  Thank you for providing some new perspective to ponder!  I have always been a fan of feedback...always asked and always given.  But since I became a broker and trainer and have started teaching agents how to show, etc. I am finding myself in some cases leaning toward the "No offer, no likey" feedback style.  Thank you for your post!

Sheldon Neal -- That British Agent -- (Bergen County, NJ - RE/MAX Real Estate Limited)  As a listing agent, I want feedback if someone is foolish enough to give it to me.  They should not be, but "Loose lips sink ships!"  I will take all the feedback they care to give.  However, as a buyers agent a line is now legally drawn in the sad.  The buyers agent represents the buyers and legally the listing agent represents the seller.

In the past where all agents represented the seller only and everyone else (sub-agents) represented the seller also....we were all complying with he law giving all information back to the sellers!  That ended a decade ago.  As an industry I bet you most agents do not even know the background to this, and it is the first time for many that they ever heard about this.  Giving feedback to the sellers, when I represent my buyers under signed buyer agency is not done.

Sallie Williams, MBA, Baton Rouge REALTOR (Keller Williams Realty RED STICK PARTNERS)  Life is full of choices, it does not make all of them right.  It isn't about REALTOR or a company fellowship.  It is about fulfilling your legal obligations to your clients.  All their information under state license laws is considered privilege and confidential even after the deal is closed.  It's the law!

Tim and Pam Cash - Clarksville TN Real Estate Professionals (Crye-Leike (Sango))  The agent that sued was giving feedback and I am sure he felt the same also. You have no obligation to provide it.  If you do decide to give it, you do so at your own peril.

Donna Paul- Long Island Home Specialist Suffolk and Nassau County (Keller Williams Realty Greater Nassau)  Agents really need to step back and think about the entire thing.  And ask themselves "Why?"  The entire process is flawed, and even by many of the comments here...it is new to many agents.  They do not know the history of why feedback was give, and that that provision of law pretty much disappeared a decade ago.  It no longer applies, but agents still line up to give feedback!  Do you see why the public does not take us serious as professionals?

Wow, I didn't realize I had joined a profession as adversarial as the one described here. Jim, were you the agent sued? 

This kind of thinking where we all just keep our mouths shut and never divulge anything is crazy. Giving feedback to a sellers agent is not doing there job for them, its doing your job, as an agent. Agents are here to bring a buyer and seller together, not drive a wedge between them. One of the comments said as a buyers agent we are doing the seller a favor in showing their listing. What a bunch of bull. Buyers agents have no business without Sellers agents listings. You are showing a house to a buyer and expect to be paid for it. Getting paid for working is not a favor but a requirement of the job. I guess I will have every buyer agent fax me a copy of their clients loan approval letter before I let them look at my listings. Then I will know only qualified buyers are asking my seller to vacate the home for an hour while they come and look at the house.

I'm sure I can come up with a hundred other ways to be antognistic towards other agents but I'm a professional who is paid for the work I do. I you are an active agent, you will eventually be representing buyers and sellers. If you earn a reputation as someone who doesn't give feedback, not only will other agents return the favor when the shoe is on the other foot, but I believe other agents will stop showing your listings.

I honestly believe agents who can't find a way to work with each other are going to be the death of this industry.

Rhonda Mapp (Keller Williams® Realty-Chattahoochee North)  LOL!  There are two side to this...but I could cover that in a sperate post.

Angelica Blatt -CRS, e-pro, GRI, ABR Monterey Peninsula Real Estate (Keller Williams Realty - Monterey Peninsula Realtor)  I don't think we have any right to give feedback on a particular home if we are under a signed agency.  Now, if I were simply previewing the listing inventory, and if an agent called it is OK to give any thoughts or professional opinion.  I see nothing wrong with that.

Normally I work with sellers, and a handful of buyers. 90% of my business I represent the sellers. Sellers always want to know feedback and get frustrated when I tell them "buyers gave no feedback at all". I tell them, the only positive feedback is an offer, but they want a blow by blow of what the buyers said.

Andrew Mooers | Northern Maine Real Estate / Aroostook County Broker (MOOERS REALTY)  Thank you Andrew!  I was speaking once at a convention, and all the big gurus were talking about the Internet, they had no knowledge of it,and yet they had to discuss it, and train others about SEO, web optimization etc.  Most had not sold homes at that time for over 10 years.

Michael J. Perry (KELLER WILLIAMS Homes & Land Realty)  Thanks.  I really think that most in our industry need to discuss everyday topics.

Cheryl Ritchie (RE/MAX 100)  Cherly I may have.  I just completed my Maryland CE hours 2 weeks ago.  I took them online from the Southern MD Realtors.  I used to live in LaPlata, and did some real estate there in the 80's.  Your last name is very historic for southern Maryland.  "Ritchie Road" is a major thoroughfare.  I am also licensed in VA, MD, GA.

I do speak at local regions.

Bryant Tutas-Tutas Towne Realty, Inc  Great response.  Real feedback is even a bad offer, because ti tells a seller their home is not worth what they seller thinks it is worth.

Hi Jim,

I have to say I agree with Jason.  We need to work together.  The example of "verbally trashing the house" shows the buyer's agent used unusually poor judgement.  Most sellers would like to know if there is something they can do to facilitate a sale, or make the home better for the next showing.  Ignoring the Listing agent is rude.  We are here to work in our client's best interest, but we also have to work together.  An agent with experience should know how to give feedback without giving away a negotiating position.

Obviously if we were going to write an offer, that would be ultimate feedback.

Christa Ross (RE/MAX Select Realty)  As a seller's agent I feel the same way.  If a buyers agent wants to give me an earful I take it, and give it directly to my seller as the law obliges me to do.

Terri Poehler Parkland & Coral Springs Real Estate (Re/Max Professionals Real Estate)  As a listing agent, that is how it is supposed to work.

Michael Bergin, Northern Virginia Real Estate (Coldwell Banker Residential Brokerage - ABR - SRES )  I think it is time in real estate where we start discussing our obligations, the law, ethics, responsibilities etc.  It is a field where we constantly learn.

Hi Jim.  Very interesting discussion.

I give and ask for feedback.  Never really found it useful, but sellers always want to know...

Thanks for writing and congrats on the feature,

Ken

Brenda Mullen (Home Team of America)  Just because everyone does it, does not make it right.  We must constantly reflect our actions and the consequenses of them.

Charles Stallions Real Estate 800-309-3414 Pensacola, Fl.   What is scary these days is so many put the feedback in writing. Emails create a print copy, text messages, and cell phones have call logs.  We have to be more than careful.  The easier choice is again...ask ourselves "Why?"  Why would a buyers agent give anyone other than his/her clients their professional thoughts on a property?  As buyers agents all the time, we tell potential clients that "We will only provide them with our professional opinion when we are under signed agency!"  However, a listing agent calls us and asks us for feedback so they can give their sellers, and we  say" Sure, what do you want to know?"  Excuse me?

Tim Maitski "Video Agent Guy" (HomeAtlanta.com)  I get 4 and 5 requests when I show a home asking for feedback.  I delete them all.

JM Padron, CCIM, CRB (REMAX COMMERCIAL ASSOCIATES)  I think more agents and brokers need to think through, and question all the old practices.

Scott Miller (Realty Associates 561-716-4060)  Those emails are very annoying, that is why I just delete them.  If I can unsubscribe, I do.

Heather Adkinson Moses Lake Real Estate Agent (Windermere K-2 Realty LLC www.propertiesinmoseslake.com)  It is a topic that should really be discussed in depth.

Wow, I can't believe the agent was sued over feedback, very interesting point of view.

Julia Odom, Chattanooga Real Estate (Select Realty Professionals)  Think it through.

Oh great.  One more way agents can be sued.  Thanks for posting this.  I won't feel bad now about not giving feedback.  You just never know.

Hi Jim -

I'll admit that I'm pressed for time this morning, and I didn't read all of the comments, but I wanted to throw my two cents in...

Most of my sellers just want to know if the buyer kept their house on the 'short list' or not.  When I'm the seller's agent, I normally just shoot a quick e-mail to the showing agent to find out.  I think deep down, most agents know if a house is over-priced, smells funny, is outdated, etc... so I've never understood that type of feedback for that reason alone.

Congrats on your feature :)

Carl Reed - Glad this helped.

Florida Pines Realty, LLC  I agree, an "Offer" is the best feedback you can get!

Omaha, NE Real Estate -- Steve Lauver -- 402-689-7550 (DEEB Realty)  As a listing agent, I ask for it.  I have already explained to my sellers that "Buyers agents are not obliged to provide feedback any more" when I list the home.  If a buyers agent wants to spill the beans, I share that info with my sellers.

Jim - Fascinating topic, soon, we won't be allowed to speak at all, because "this" can mean "that" and "that" could mean "this".  Maybe I'll start selling hotdogs.

Chris Olsen Broker Owner Cleveland Ohio Real Estate (Olsen Ziegler Realty)  Exactly.  This is a post about professionalism, ethics, legal oblications, trust and honesty.    These same arguments could apply to the sellers as well. 

Robert Ott (Century21 Beal Inc.)  I would have to find it.  It was in one of the many real estate magazines I receive.

Jeani Thomas Richie-Broker-CRS-GRI-EXIT Hill Country Realty  The fedback I want is when someone asks for more information.  An updated property disclosure, a survey or a plat!

Yikes! Yest another thing to think about.  I like what Dan Homan said about sending a thank you card to the buyer's agent after they show your listings.  I've never done that but it's a great idea.

Jason Bible - No, by the grace of God I was never sued.   Thank you for your thoughts...

Erica Ramus - Realty Executives / Pottsville PA Real Estate  I actually think there are fewer agents providing feedback these days anyway.  An offer is the best feedback.

Geoff ONeill (John L. Scott Medford)  It has nothing to do with being rude, and every thing to do with understanding real estate, the law, the obligations of license law.

• Where in your license law does it say you are to provide any feed back to seller?

• Under the old license law it did provide that all information would be given back to the seller (Sub-agency).  That was 10 years ago before buyer agency!

Ken Tracy Realtor Naperville Illinois Real Estate (Keller Williams Naperville)  Thanks!

Tamara Inzunza, CRS, CDPE | Alexandria VA Real Estate | 703-623-8759 (McEnearney Associates, Inc. | www.MovingToNova.com)  For the courts it more than interesting.

Monica Hess (Lizette Realty)  Now you have an excuse.

Kristina Pratt, REALTOR® - GoshenRealtyGroup.com (St. Louis' Illinois Suburbs - RE/MAX Preferred Partners)  Thanks!  As a listing agent I want the feedback, and a buyers agent I do not provide any feedback.  There is nothing difficult about it.  I try to provide my clients with the best possible service. 

As far as being a seasoned agent, I can provide the seller will all the feedback they will ever need before listing their home.  It is called "Experience!"  Most agents  do not have this. They have to rely on words from other agents.

So when the seller says, "What did they say about the price"  The listing agent can blame the other agent for saying "It's grossly overpriced!"  The fact of the matter is that they did not over price the home, or buy the listing, but the other agents said your home was over priced.

So when agents think they are being helpful, they are just very naive!  If that listing expired and you were the one that said the listing was "Over priced"...that seller will not work with you now.

Wendy Rulnick "Its Wendy!" Destin Short Sales (Rulnick Realty, Inc.)  It is no big deal at all, in fact it is one less thing you have to do each day.

Burien, WA Real Estate - Lisa Bosques, Assoc. Broker/Mktg Specialist (Prudential Northwest Realty Associates LLC)  I used to do that all the time, and the postage just keeps going up!

Jim:  I believe Broker Opens are for feedback.  Do a luncheon or a wine and cheese.  Free food and the agents will come.  Have feedback sheets.

As someone representing the buyer, there is no way I am giving my client's opinion on the matter because I feel strongly about agency myself.  That is the Number 1 reason why I refuse to give feedback.  Number 2, I can't remember all houses.

One good thing about this poopy market is that I barely get requests for feedback.  The last request I had was in May.  My client was interested but the list agent wasn't returning my calls or emails.  Do you think I gave feedback then?  You betcha!  Did I get a return call or email?  Nope.

Hi Jim ~ Interesting and definitely thought provoking post. I agree with what you say on principle, especially from the buyers perspective. I'm very cautious when giving feedback and never divulge any real information apart from the fact that it might still be in the running, or it's not an option.

I don't think the idea of feedback for the sellers is totally obsolete. There's a way to get feedback about the general condition of the property and whether it "showed well" without bringing the buyer into it too much and causing a conflict of interest.

Denise

Renee Burrows - Las Vegas NV Valley - Homes For Sale - SRES - SRS - AHWD - ABR (Encore Realty Group -Realtor>Estate>Probate>REO>Short Sale)  Exactly.  Have a Brokers Open, an agent luncheon, and open house if you want feedback.  That is what they were designed for.

If a home is over priced, and 50 agents told the listing agents at the caravan, the brokers open, and at an agent luncheon...just lower the price.

Denise Hamlin, Iowa City Real Estate & Relocation Services (Vermace Realty - Locally Owned Real Estate Company) As Renee mentioned in the post just before you, do a "Brokers Open" or an agent lucheon if you want professional feedback with out the clients attached. 

There are load of ways to get feedback about a home without stepping on anyones foot.  All we have to do is think it through, and know what our obligations are.

Wow. I'd not thought about it in those terms. I think a lot of it is that sellers are also conditioned to expect feedback, so that we, as realtors, want to give it to them to show that we are "on the ball". This is another area that should be discussed with the seller and explained that feedback is not in the best interest of a potential buyer, so don't expect it.

I don't mind providing feedback at all, but I'll only provide it after my Clients have closed escrow on their home of choice. Then I'll call the listing agents on the other homes we looked at and tell them why we didn't write an offer on their listing, providing I know why. Sometimes I do, sometimes I don't, but I like it when professionals are courteous to other professionals and try to help them out for future transactions.

Steve Heydel--30% Referral Paid to AR Members (Cumberland Real Estate & Auction)  I do that upfont on every listing appointment.  It works.

This is so strange. I was having just this conversation this week after being grilled by a listing agent. I agree in total and this week decided I was no longer going to give any information. I will fill in the form and say Decline. Great post, it deserves the feature!

I think you're right, Jim. I know I rarely get any feedback on my listings.

Jim, you bring up some very interesting points.  I can honestly say that this subject never came up in real estate school.

Jim,

You are dead on correct with this one. Conveying virtually any information damages your client's position in the future.

Besides, most of the intelligent comments are quite evident anyway.

I agree that there's an ethical breach.

Brian

I might provide feedback if there was a problem (that the seller can solve) about showing the house - "bedroom door was locked so we couldn't see", or "dog was growling at front door so we didn't go in."

The best feedback is a written offer!  Otherwise, it doesn't count.  I don't even ask buyer's agents for feedback on my listings.

Corinne Guest. Barrington IL Real Estate - Broker - Listing Agent - Luxury Homes (Royal Advocate Realty-Realtor-REO-Short Sales )  Just decline.  It is that easy.

Erica Ramus - Realty Executives / Pottsville PA Real Estate  It is almost obsolete.

Christine McInerney & Jennifer Halinkowski, Green, EcoBroker, e-Pro (Keller Williams Realty)  This subject will never come up in real estate school or from your broker.  That is because they do not sell,  it has been so long...that was the way it was done back in the old days.....

Brian Madigan LL.B. (Royal LePage Innovators Realty) If we want to be considered professionals,we must start acting the part.

Vicki Lloyd ~ MBA, ACRE, e-PRO, Realtor Lake Forest and South Orange County, CA (The Real Estate Professionals)  Thanks for sharing.

If the clients have ruled out the property I see no reason not to let the listing agent know the reasons.  The feedback thing is not a big issue in this market.

If they are interested then I fully understand your point of view. The less you say the better which means nothing if you represent the buyer.

How about dual agency feedback?

JIm....the post and the responses point to a glaring deficiency in the understanding of fiduciary responsibility. Too many agents seem to think that their opinion matters when they are called upon for counsel and sound advice.  A little blend of Deepak Chopra and doing one's job is called for.

Jim,

You are right on about this.  I started my career in real estate in Florida where everything was transaction agency.  When I moved to Virginia, where we represent clients, either the buyer or the seller, I took the ABR course as soon as I could.  That has really helped me to know how to keep my buyer client's best interest at heart!  When a seller's agent calls me for feedback from my buyer, I am usually very vague.  Even if the house is my buyer's first choice, I say that it is one of the top two or three.  I never give away the fact that this is the buyer's first choice.  

I never thought about it in quite that light before.  I raely get asked for feedback, but I usually give it if requested.  But that said, I have always given my own to the agent about how the house shows, and what if anything might be improved for future showings., and not any opinions that my buyers might have had, or their intentions or lack thereof towards the home.

I can not imagine, this late in the post, I could have anything new to contribute, so I will simply say Thank you  Jim for a well articulated and reasoned argument against giving feedback.

Interesting take on the feedback Jim. I think most buyers agents only give the feedback if that particular buyer was NOT interested in the home. But I see your point.

I have to admit, that I had never considered being "sued" over feedback I might have given, but have always been circumspect about that feedback.

I agree with those who've said that innocuous feedback is acceptable, as long as it doesn't put your buyer clients at any disadvantage.  I don't see how "the rooms were small", or "the home smelled like a toilet" or "the home needs a new roof" puts my buyers at any disadvantage at all.

I can see how they might be disadvantaged, if I said "your property is one of two that we're still considering" or "they loved it... they really loved it".... but those could easily be replaced with "we have not eliminated your home from the running yet, and they're still out there looking"  (this is not giving the seller any privileged information... they would certainly learn that they were 'still in the running' if we brought them an offer).

I agree that feedback is highly overrated...the best feedback is a contract (or lack thereof)... but I feel that "stonewalling" feedback is a bit tight lipped, and unecessary.  I understand your concern of a lawsuit, but I feel that you can serve your buyers, and still provide adequate feedback to the seller's agent without throwing your buyers under the bus, nor opening yourself to a lawsuit.

Thanks for the mental exercise... I really had to give this some long thought, and read through each and every comment.

This is definitely shedding new light on the topic. Something to share with our office. Thank you!

Definitely a new perspective.  I usually call for feedback in an attempt to put a deal together from a agent who's doing nothing but haulin' and hoping.  However I typically remind my sellers that unless they're calling me after the showing, it missed the mark

Eric Bouler (Prudential Gardner,Licensed in La.)  Eric, in the original story...they did rule out a home.  Then they changed their mind.

John MacArthur (The MacArthur Group.)  Real estate is an ego driven industry.  There are many agents that tout success and accolades and if you actually look into it they've never sold anything.  It really is not about my opinion.  Like I said in an earlier response, you want feedback, hold a brokers open or luncheon.   You will get all the free feedback you can stand.

That is basically what I would do.

Stephanie Frost (RE/MAX Premier Realty, Inc.)  Thanks.  I still would stick with the very vague and non specific feedback....

Daniel J. Hunter, If I Can, I Will. (Hudson, FL Realtor with Fruits Real Estate Services, Inc.)  Thanks.  I hate to see agents do things and not question why they are doing them.

Gary Woltal - Associate Broker REALTOR® Dallas Ft. Worth (Keller Williams Realty)  The buyers agent that was sued...thought his clients made it very clear to him...they were not interested.  Two weeks later they wanted that house!  Ouch!!!!

Alan May, Coldwell Banker Evanston Realtor, North Shore Realtor (Evanston Real Estate, Evanston, IL)  Thanks Alan.  This is not about an agency, the competition, other agents.  It is merely meant that we should think it through.

Gary & Melynda Wolter (Skogman Realty)  Glad you enjoyed it.

Jonathan Osman - Charlotte / Matthews NC (Keller Williams Realty)  Exactly. "I'll call you if we are interested!"

THe only feedback I want is an offer in writing. Anything else is a waste of time. (unless the house was on fire or something.)

Well, there you go, making me think again - to be honest, I have never even thought of the legal ramifications or liability of giving feedback to listing agents.  I usually say, still looking, or bought something else - I have never said what my buyer thought about the home.  I realize now that the 'Realtor courtesy' is not important.  And dangerous.  Thanks.

I agree that we shouldn't give away client's interests, but as pointed out above, we are all in this business.  I do not help the Selling Agent, but I do consider it a courtesy to simply thank them for their listing and usually state "my Buyers are just getting their feet wet, and are not quite ready, but thank you so much."  I do not call agents and ask re: my listings.  I figure if they're interested, they'll call back. 

Jim:

It's the same reason that I cannot answer an agent asking me for feedback during an appraisal inspection - you are not my client, and I have an obligation to protect my clients interests.

I try not to say much,  less is more,  I don't want anything to come back and haunt me.

Patricia/Seacoast NH

I've blogged about this so many times too.  YUP . . . if you're repsenting a buyer and a listing agent calls -- SHUT UP!  They are trying to pick your brain . . . and I can't stand people who try to pick brains!

Hi Jim,  I think there is a gray area here where the feedback is of such a general nature that it only focuses on minor or cosmetic things.  Certainly, blasting a house in great detail could come back to haunt you.

The buyers agent's clients showed no interest in the home at the time...so when called for feedback.  The agent trashed the home verbally.  His clients showed no interest in the home and that is what he should have shared. That agent had no reason to trash the sellers home. It is my opinion that he was sued for his stupidity! His choice to trash the sellers home was a disservice to his clients and ending up costing his them money.

There was a recent lawsuit that has been talked in real estate circles...about where a buyers agent was called for feedback after showing a home. Where, when, who? Sounds like an urban legend.

Nancy Deichman, CDPE (Re/Max Premier Realty, Inc.)  Get me an offer is right...I'm OK with that!

Virginia Hepp - Mesquite NV MLS - Sun City Mesquite - Buyer Representative (ERA - Mesquite NV Homes For Sale)  Well what is also interesting is that so many homes are getting so few shows these days...there are not as many agents to call for feedback.

Kimberley Kelly (HK Lane Real Estate Co.)  Thank you for sharing.

Jesse Skolkin (Independent New York State Certified Real Estate Appraiser) - You get it, but it is scary how many agents do not get it just by reading the replies to this post.   Do we ask attorneys to discuss the case they are working?  What's your thoughts?  Do doctors openly discuss their patients?

I mentioned when I wrote this article it is when you are working with a signed buyer client.

Patricia Aulson, REALTOR Portsmouth NH Homes-Hampton NH Homes (PRUDENTIAL VERANI REALTY - Portsmouth NH Real Estate )  I think that is an excellent strategy.

good food for thought... one office actually faxes us after every showing and wants us to put in writing the feed back... and another office starts calling within minutes of leaving the home... feedback from our buyers is information we should not share... but I never dreamed you could get sued for it... although this person was a bit of a loose cannon... verbally trashing the home would not or should not be on any ones list fo things to do...

Carla Muss-Jacobs, ABR, CEBA, e-PRO, Realtor (Principal Broker/Owner EBA Portland, LLC)  The funny thing years ago an agent would ask you for feedback, and you'd give it, and then they go crazy on you!

Bill Gillhespy Fort Myers Beach Realtor (Century 21 Tripower Realty)  Well the other item is that you do not blast the home and you say "My people loved it!"   How will that be interpreted?  Does it give an advantage to your buyer clients?  Or will they pay more for the home because their agent could not keep their mouth shut?  That brings us back to the basic premise should we say anything at all?  It does not matter if it is positive or negative....

Great post Jim!  I never thought about it in that light before. 

Mark Roncone (RE/MAX Professionals Select)

http://www.squidoo.com/feedbacklawsuit  Not an urban legend - this is real stuff with real consequences.

I actually found the post by here on Active Rain. **************

http://activerain.com/blogsview/115277/feedback-lawsuit 

This was not where I oringinally read it.

Posted by Vicki Watzlawick (Illinois Foreclosure Expert) on 06/04/2007 01:09 PM

I also read about the outcome from a real estate magazine.

Debra Leisek (Broker Bay Realty Homer Alaska)  I would never, never never, put anything in writing.

Joyce & Terry Thomas Anthem Merrill Ranch AZ Real Estate (Real Living Realty Services)  Glad I could assist.

I try to explain to my sellers that the feed back we want from the buyer is a contract. I do like feedback for the agent, if the buyers choose another house and the agent has something useful they can tell me.

Julie Martin Realtor® Broker Mobile Alabama Real Estate (Port City Realty)  Like I said...when I am the listing agent, I will ask for it.  I will take any information I can get.  After all, I represent the seller.

Hi Jim - I really appreciate this post because it has opened up my mind on this topic.  I have never really thought about feedback before as being a potential hazard on the part of the buyer's agent.  I frequently represent buyers and also dread filling out the feedback forms.  I have always thought "the listing agent and their client will know my clients like the house if we bring them an offer!".  And I think it is difficult when feedback is negative and I have to share it with my sellers.  So I think you have a great idea here - do away with feedback!  This also gives us an opportunity to have more time to serve our clients, instead of spending that time on filling out forms! 

I have noticed that many sellers get upset when you can't get feedback from a showing. I see your side of things too, don't get me wrong. Guess we need to train sellers not to ask for feedback.

I have noticed that many sellers get upset when you can't get feedback from a showing. I see your side of things too, don't get me wrong. Guess we need to train sellers not to ask for feedback.

Wow, this has provoked some interesting discussion. I rarely get asked for feedback on homes I have previewed. If I do, I tend to stick to how the house itself showed as to not break any confidentiality between myself and my clients. I did share with one of the agents their clients should refrain from smoking "wacky tabaky" in the home while it was listed for sale! I will always answer email requests for feedback on how the home showed from a Professional standpoint. I have seen some pretty well put together questionnaires on the home itself. I think these requests are reasonable and a valuable tool for the listing agent and seller. I agree with Renee as well this can be taken care of at the brokers open.

Feedback is a necessary part of a transaction but there is a way to deliver that information without opening yourself up to a lawsuit. Again, use common sense people!

This is food for thought Jim.  When I saw the headline, I clicked on it because I thought I would disagree.  As I read your post, you won me over.  Though I am always careful and polite when providing feedback, I'll be more careful in the future.

Funny story; I recently got an automated e-mail request for feedback...when I was in escrow on that home!  I forwarded it to the agent.  I got that same automated e-mail several more times.  It's a great example of how automated e-mails don't work effectively.

Thanks again for the thought-provoking post!

Very provocative article, should make us all think.  I sometimes feel the feedback I'm giving is doing the job of the listing agent. " Needs staging, priced too high, needs fresh paint", all things the agent should be telling thier client.  I do preface my comments with; " the buyer feels..."  I feel it's the buyer's feedback.

I hadn't seen that case...  And that is an eye opener to me.  I usually only give feedback on homes my buyers don't like.  I haven't had one change their mind like that... but I try not to trash the house, either.  Of course, one person's honesty is another's baseless bashing. 

JIm - that's an interesting point of view on feedbacks.  There are too many different angles of this problem. First. Yes, we have an obligation of non-disclosure of our clients' opinion.  In this case you are totally right. However, there is a simple politeness and cooperation between the agents. If I can help my colleagues to sell their listings better, I will definitely do it if it's not against my clients' best interests.

I think it would be more appropriate to ask for feedback from the agents, not from their clients. Clients' feedback might be optional , only upon the clients' authorization.

I cannot count the times I have been hounded for feedback. As you say, you could give away information that the buyer would not want the sellers to know. Info that could put the buyers at a disadvantage. But also, it IS NOT my job to help you sell your customers home in place of my own. If you took a listing and over priced it, that is your issue, not mine. Do not over price and then think you will use my negative comments to get your sellers to lower their prices. Do an honest and fair CMA to begin with and stick to your guns. If your sellers go elsewhere, so be it. It is not my job, or my buyers', to help you to get your sellers to price their homes correctly.

My feedback IF I give it at all is always from the viewpoint of what my buyer wants me to say.  Often it helps to lower the seller's expectations. 

Another point is that when a buyers agent is showing houses - lets say 10 or so - how can he/she realistically remember all the houses that they saw ? I always tell my sellers that it is hard for Buyers Agents to REALLY remember their house unless it is something that really stands out about the competition.

By using this approach it makes sellers understand that if they are over-priced and it does not stand out - it will probably be looked over.

Jim: Great post and a sensible derivative of agency law. I was shocked by the number of agents who freely admitted "Gee, I never thought about it like that." As an agent how could you not after reading agency(fiduciary) law, the state code and the NAR Code of Ethics and Standards of practice?

I read you saying over and over again than an agent should not be overly enamored of his/her own opinion and should perform within the scope of agency. That is why when I sign buyers I present the fact that feedback will be requested for many showings (true in this market, all those folks who say they aren't being asked are in markets where seller agents are not doing their jobs) I ask the buyer how they want me to handle agents who come calling after they view homes. I present pro and con scenarios and let the client decide, rather than reading the statutes and hitting auto pilot. After all, sometimes counter-intelligence is very effective, more effective than silence, a rebuff or a vague generality and could be a component of a clever negotiation strategy, and one could argue not to place the option of a response in the clients court might be considered an equally egregious and foolhardy act.

I'd like to add that I concur that this is not about winning brownie points and playing "fair" this is about peoples money and the law.

Feedback!!! what a good topic, I as a listing agent have feedback that goes like this..." yard too big" to "yard too small" or something like that.

Why are we obliged to give feedback? The feedback should be in the offer. I do feel that we take listings and offer our advise to the seller but until they hear it from a prospective seller they don't believe it.

THis topic has legs.

Phillies just scored another home run.

That case is extreme and this is all an overstatement and not a big deal. It's always good to be generic and leave your options open -- you never know when a "crappy" house starts to look better to buyers as they move along in the process.

This is a new way of looking at feedback requests and something that I think has not often been considered.

The legal system loves to complicate things to the point of where almost anything we can say is a possible lawsuit!  Great job of limiting your liability!  Fantastic post! 

Remember ... when you spend all your energy worrying about getting sued, then you lose the ability to serve your clients.

I knew that there was a reason I am uncomfortable giving feedback. With your permission Id like to copy your post in a form letter (email) to send to every listing agent that asks for it

I think most agents are missing the point of feedback.  I usually don't give a damn what the buyer thinks but rather the agent and just to make sure there is nothing that needs immediate attention.  You can sue anybody for anything these days and anyone who walks around like they're on eggshells needs to find a nice box to crawl up in.  Life happens.  Feedback is a professional courtesy that still proves to be very helpful in certain situations.

I find your post to be somewhat disheartening and overbearing.  There, I just gave you feedback.  Should I expect a lawsuit in the mail anytime soon?

You are right-- buyers do not want what they think about a home shared -- if they like it they will be writing an offer and that is feedback enough . Our 2 cents.

Jim:

Thank you for that information, I never really thought about it that way.

we have n automated showing set up in our MLS and it sends a feedback questionaire by email. I get amused hen I get feedback that the price is too high, especially when it is price 15% below any listing in the area and in excellent condition. What's the value of that comment? When my sellers ask me about feedback, I tell them that if we don't get a contract or a second showing that is feeback enough.

Thank you! A perspective many have not taken in to consideration...but likely will now!

Jim, I love your signature signing pen. Can't I tell the listing agent the home is a "great" listing but I don't think the buyers are interested? It's kind of an ActiveRain copy and paste version "great post" "thanks for sharing" now give me my points comment. I mean why should I help a fellow agent get a price reduction on a home that did not list with me when I told them the truth about the house and what it should sell for in today's market? The home is great and why bother to mention the pet smell, clutter, curb appeal, price - they were already told that when I presented a CMA. We all know who needs to be sued - it's the agent that lied to the seller to begin with.

Hi Jim,

The responses you have gotten have been pretty amazing.  I am really taken back by some.  Of course we all are entitled to our opinions, but I think your opinion on this issue was exactly right on and a great service to the rest of us.  Thank you for sharing your thoughts.

For all those that say "it's a buyers agents professional responsibility" to give "feedback" to the seller's agent puzzles me.  On the one hand, the listing agents say they are professional and yet they "need" our feedback?  That doesn't make sense to me.  The listing agent can pull up the same data as I can, so there is no excuse to take an over-priced listing. The listing agent can figure out who their competition is and go preview properties.  Every listing agent today either has taken a staging course or hires a staging pro to prepare the house for sale.  So exactly "what feedback" is so necessary from the buyer's agent? 

My sellers understand that meaningful "feedback" is: no showings-overpriced, showings-no offers means it shows poorly or is over-priced or both and an offer means we priced it at the sweet spot.  If the listing agent takes an over-priced listing then that is their "professional" responsibility-not my job to fix it for them.  That is part of THEIR representation services for the seller.  Words don't matter in real estate, it's ACTION in the form of an offer.

My personal opinion is that many listing agents are dependent on buyer's agents to fix their over-priced, under-staged listing that they took as a "professional".  I think you are exactly right on this issue. 

Emily Lowe - Nashville TN Realtor (The Lipman Group Sotheby's International Realty)  Alot of persons in real estate are always busy, yet they produce no sales whatsoever.  We should be concentrating on our own clients and their needs.

Roland Woodworth "Clarksville-Fort Campbell Area Realtor" (Exit Realty Clarksville)  I've been doing it for years.  All I have to do is expleain the facts.  No one gives feedback anymore because they are representing their clients.  Do not expect it.  If I can get it, I will share it with you!   It is that simple!

Stephanie Reynolds (Agent of Possibility, REALTOR, GRI, ePro at CMI, Inc. )  There is a time and a place - a brokers open works fine for feedback!

Christianne Gordon, REALTOR®, e-PRO CDPE Carson Valley Real Estate Specialist (Carson Valley Homes and Land - RE/MAX Realty Affiliates)   Or we can just avoid giving it.

Vic Steele (Valet Real Estate Services)  I am glad you enjoyed this.  There are so many perspectives we can learn.  I like Renee's item of a broker open.  I must admit I forgot about it.  Caravans, agent luncheons are all great sources of feedback.

The other item is, why do I give feedback?  If the seller was listening....they would lower the price on my advice. Some sellers are just stubborn, and pig headed.  By the time a 100 agents say it is too high, the home will never sell anyway!  Now it is just too late!

Linda Lohman Cary NC Real Estate Broker (Fonville Morisey Realty)  You are right in that assumption.  You are doing the listing agents job for them!

Linda Lohman Cary NC Real Estate Broker (Fonville Morisey Realty)  You are right in that assumption.  You are doing the listing agents job for them!

Linda Lohman Cary NC Real Estate Broker (Fonville Morisey Realty)  You are right in that assumption.  You are doing the listing agents job for them!

Lane Bailey - REALTOR & Car Guy (Diamond Dwellings Realty)  Lane I am from New York orignally.  I could be arrested for my honest opinion.... LOL!  I grew up learning how to tell it like it is.

Svetlana Stolyarova,Local-n-Global Realty, Broker (Local-n-Global Realty)  But ask yourself why?  Are you going to co-op witht that agent down the road?  Do you give feedback when you shop at a supermarket, an auto dealership?  When you think of the 'feedback' concept... they are asking you to identify areas of weakness in negotiations.  Why?  So they can get a higher price!  And you are the buyers agent that are helping them!

John Elwell (CENTURY 21 Bill Nye Realty, Inc)  I agree a 100% with you!  ****AMEN!***  I do all my hard work getting the listing.  Cleanliness, paint colors, flooring, paint, maintinence, curb appeal, clutter, pets etc...I also only take the listing if it is priced right.

Mike Sparks Georgetown Area Real Estate (Sparks Realty)  Over the years I have had buyers agents say the home needs new carpets, paint etc expecting to do the same.  That is in spite of the fact the home has all new neutral carpet and paint.  I am not sure of the effectiveness of that, but I must admit we all try it now and again.

Robert J Russell - Exactly!

Matt Grohe CRS, GRI, ABR (Remax Real Estate Concepts)  It is scary isn't it?  However, you have handled this item most professionally, and even have it incorporated into your buyer presentation!  I am most impressed!  Keep up the good work!  ****All buyers agents should copy your example.****

David O'Doherty Clayton, NC Real Estate Agent (Coldwell Banker HPW)  When a seller soes not listen to the listing agent, they have already lost the battle.  Time is major money in this market!

Kyle, TX; Buda, TX; Austin, TX; Real Estate - Aaron Vaughn - 512-845-4204 (StepStone Realty, LLC)  Even when I work with buyers I say very little about the appearance of the home.  Instead, I listen to what they are saying.  A broker I had once gave me the best advice I ever had in real estate.  He said, say nothing...it is not your purchase it is their purchase  "One person's dump, is another persons castle!"

Christine Donovan Costa Mesa Real Estate Broker/Attorney 800-610-7253 DRE01267479 (Donovan Blatt Team - Donovan Group Realty)  Feedback should have ended over 10-12 years ago with the advent of buyers agency.  That shows you how few in this industry can think it through.  Sacry thought!

Ashleigh Timmerman (Keller Williams Realty)  We take the blinders off.  Real estate as an industry even in good times has an 80% turn over every two years.  We tend to listen to the glitz instead of the facts.  It is a lot more fun, but it does not mean we will be successful or survive.

Kyle, TX; Buda, TX; Austin, TX; Real Estate - Aaron Vaughn - 512-845-4204 (StepStone Realty, LLC)  Thank you for sharing.

Ron Parise (LocateHomes.com)  You got it!

Russell Benson (Prudential Alliance Realty-OKC, OK)   Just one thought...why not just think through the process?  Why not just ask yourself why are you doing it?  The agent is going to poin the finger at you anyway?  I know how the sytem works, I've been doing this since 79.  However, i am not too old to keep an open mind and ask questions, and change the way I do business.  I have survived over the years, and many of my friends and collegues have not.

Bob & Carolin Benjamin - E Phoenix Arizona Real Estate (Benjamin Realty LLC)  I agree.  Their approval is a "Two thumbs Up" in the form a of a contract.

Larry O. Blinn  Glad you enjoyed it!

I don't know that I agree totally.  I would never trash someone's home either.  I think that feedback can be given in a professional manner.

Joe Pryor.com Realtor Oklahoma Investment Properties (Redbud Realty)  I like that response.  Sometimes agents are way too passive.  I will not take a listing unless the paint and carpet are done beofre listing it.   Most agents are too afraid they will be rejected but telling the seller the truth!  I like your line!

Dawn Nuzzi ('Til Dawn Real Estate)  Thats a discussion is good for all.

Gregory Bain (BayShore Agency)   I think that is very true.  The agent that told the seller the home is worth $425K in a $275K neighborhood that 'bought the listing' wants to beat your up an paint you to be the BAD GUY..do you really think they will give the seller's your real feedback when you tell them the truth? 

So instead, agents want to talk nice and say sweet nothing and pretend they are working.  It all does not make sense.  As an industry we need to grow up.

• Is the seller on drugs?
• They're dreaming!
• Not in this lifetime....
• I dont care what it is mortgaged for...
• I need sunglassed to walk throught the home the colors are way to vibrant
• There is a really funny smell
• Where are all the upgrades?
• Now I know why there are no pictures, or virtual tour
• Grossly over priced

Rhonda Mapp (Keller Williams® Realty-Chattahoochee North)  Rhonda, thank you.  We all have a job to do, so let's do it.  We resent the fact that many times in a contract the other agent is an MIA. So we end up doing their work to get the deal done.  It is their listing, so do your job.  Hold an open house, do a brokers open, have a luncheon or a caravan!  Do not hound me 5 minutes after I show a dirtly overpriced listing and ask me for feedback.  I could lose it!   Just Lower the price 50K, clean the filt dan debris out of it, get the trash out, clean the floors that my feet stick to, have the pets do their business outside, and stop wasting my time.

Damon Gettier Broker/Owner ABR, ABRM, GRI (RE/MAX 1st REALTY Buyer and Seller Representation in Roanoke)  Still have to ask... why are we giving feedback?

Jim  I may give feedback about the home's condition - nothing else - no comment about my client

Karen Kruschka - Fairfax Prince William Stafford County VA Real Estate Service (Long & Foster America's #1 Privately Owned Real Estate Co.)  In the last few years, I have refrained totally from giving it any more.

Thanks for the great post.  I seldom respond to the automated feedback requests that I receive.  Frankly, by the time I receive the request for feedback, I have shown homes to several other clients and can't remember which house it is that they are requesting feedback on anyway!

Kelly Rossi - It is difficult. Sometimes requests even comes a month later!

Jim--A great post so thanks!  I have to admit that I am on the fence on this one.  I think I feel that feedback can be done in a neutral fashion but maybe not? 

Why not just show your hole cards during a poker game?

Jim: BTW, how do you get the link in your replies?

Kathy Stankard (RE/MAX Executive Realty)  I'm giving you my permission...just don't do it.

Jesse Skolkin (Independent New York State Certified Real Estate Appraiser)  Exactly!  I love that line!  I just copy and paste the url from each response.  I really like to answer each individually when I can.

Jim, I agree with you. I have read of buyers suing the agent .

GITA BANTWAL, REALTOR BUCKS COUNTY, PA HOMES (ReMax Centre Realtors)  It gets scary.