The gentleman on the other end of the line started by saying, “I’m not sure how to ask this, or even if it is OK to ask, but I’m calling about a listing that you have that we are interested in seeing.” I explained that they were certainly not out of line to ask me to show them this home. It happened to be the remote location I was nearing anyway. My purpose for my trip out was to put a more permanent lockbox on the doorknob. We had a temporary contractor key box on the door, but after finding that few agents were willing to read the instructions about how to access the key, I figured it would just be easier to put a Realtor accessed key box on the knob instead.

He then explained why the request might be out of line. “Well, we were actually out there this morning with our agent, but she said she couldn’t access the box since there was a code on it and she had repeatedly tried to get a hold of you with no success, so we left, and she ended up showing us a bunch of other homes that we were not at all interested in.”

Puzzling. I did not have one missed call, nor an unanswered voice message from earlier. I did receive a request to show the listing, which I responded to in the affirmative and then texted the code for the key box in the next sentence. The code is also in the showing instructions on the MLS (Multiple Listing Service). She had responded with a “thx,” and then asked if the seller was offering a buyer’s agent commission (since the last court ruling, we can no longer list what is offered on the MLS). I told her what my sellers were offering.

Whether that was the right answer or not, or whether she had some other ulterior motive, I will never know, what I do know is that she told her clients she was unable to access the home so she could not show it to them. Fortunately, these buyers were determined and found a workaround to the signed exclusive buyer broker agreement they had with the other agent, a requirement put in place due to the lawsuit settlement last year. Since I am the list agent, I can still show them.

When I met them, they informed me that they thought the whole deal that morning with their agent was somehow nefarious and suspicious. I verified that they had signed an agreement before the showing. “Yes,” they both responded, “A six-month agreement. Are we stuck?” they asked.

I informed them that the agreement was actually between the brokerage, with the agent acting as an authorized agent on behalf of the brokerage, and themselves. They could certainly contact the broker and request an intercession. This concerned them because they figured everyone in the brokerage was probably close buddies.

Personally, I couldn’t speak for the agent in question. I certainly didn’t defend her, but I also didn’t throw her under the bus. We have all had bad days. This particular act seemed not only unethical but certainly unprofessional, however, it was not my place to call her out in front of these buyers who were now somewhat stuck.

They loved the house. After reiterating their options, I parted with them and told them I would look forward to an offer. Three days later, they reached out and informed me that they had, in fact, talked to the broker, and hoped everything had been set straight now. They also told me they had written up an offer the day before and asked if I received it. For the record, I have not.

For myself, this begs the question: Is a required signed exclusive buyer broker agreement before a first showing really in the best interest of the client? It can be, if the client understands what they are signing. This one, however, unfortunately did not. As far as I’m concerned, this discussion is not over.

Jen Fischer is an associate broker and Realtor. She can be reached at 801-645-2134 or jen@jen-fischer.com.