Guilt?

Opinion

5 minute read

June 20, 2012

I used the question mark because I’m not sure if what I’m talking about is technically “guilt.”

Nevertheless, it’s worth discussing.  I still can’t get over it…

I’m not sure if what I’m talking about is “guilt.”

Maybe it’s better described as sorrow.

Or perhaps it’s sympathy.

Or maybe empathy.

I’d hate to use the word “pity,” but now that I think about it, I do kind of pity the two parties involved.

Maybe it’s not that bad.  Maybe it’s not quite pity, but I certainly give my head a shake, furrow my brow, question the intelligence of those involved, and then give a “golly gee shucks,” which I guess is a bit of all of the above.

Let me start from the beginning…

Last week, I had a listing in the North Toronto area, priced at $894,900, and it looked absolutely fabulous.

The market has slowed a little bit in the past couple months, and we’re not seeing multiple offers as much as we did in February, March, and April.

When I go on a listing appointment these days, I let the sellers know, first and foremost, “You haven’t exactly missed the boat, but you’re not going to get what you could have got in March.”  Honesty is the best policy, and I like to know people’s expectations.

We were at a point when the B- houses were getting multiple offers, and even some of the C+ houses too!

You could do the real estate equivalent of putting lipstick on a pig, set an offer date, and WHAMMO!

Not anymore.

Only the “best” properties get multiple offers today, and as luck would have it, my listing in North Toronto was an A+.

The home, for what it was (ie. it’s not a mansion, and isn’t made of gold), was the best of the best.  For a 3-bed, 2-bath, I’d put it up against any other 3-bed, 2-bath in the area.  It showed beautifully, and the sellers followed my blueprint to a “t.”

We received seven offers on offer night.

The house sold for $1,047,900.

But during the hour that it took to review offers, something amazing happened.

I call it “amazing” because, simply put, it amazed me.

It shocked me.

And it kind of disturbed me, to be honest.

I’m not going to disclose the terms of any of the offers, but consider that the list price was $894,900, we received seven offers, and the property sold for $1,047,900.

What was so amazing?

What made me feel a combination of guilt, sorrow, pity, and empathy?

One of the offers was for $894,900, with a $10,000 deposit (no cheque with the offer), and was conditional on financing and home inspection.

This is the part where my readers either thing:
a) Oh my god!
b) So what?
c) What a jerk.

What can I say?

I’m a realist, and if you’re thinking (c) then maybe I’m just too honest for you.

But let’s be realistic here for a moment.

There were SEVEN offers, and somebody offered the asking price.  Did that person think that the other SIX offers were all below the asking price?

The agent who presented the offer was a nice lady, and I honestly thought that she was just going through the motions for her bizarre buyer, and she knew the drill.

But as she proved shortly after the presentation, that was not the case.

Now keep in mind, we did a pre-home inspection.  The house was meticulous, and there was not a single thing wrong with it.  The home inspection was flawless, and not only did I upload a copy of the home inspection to MLS, but I left a stack of about fifty copies on the dining room table for buyers to take.

Why then, did the buyer need a condition on home inspection?  In multiple offers?  When NONE of the other six offers had a condition?

The buyer also had a financing condition, which is almost unheard of in this price point.  Ever heard of a “pre-approval?”

I was very nice to the agent who presented, very professional, and very courteous.

But I did ask her, “Does your client know he’s in multiple offers?”  She nodded her head, “yes.”

I asked, “Does your client know that there are SIX competing offers here this evening?”  Again, she smiled, and said, “yes.”

So I told her, “I don’t think we’re going to do a deal here tonight.  But I thank both you and your buyer for your offer, for your time, and ultimately for helping us to achieve the eventual sale price tonight.  I hope your buyer is able to find something in this neighbourhood, because it’s a fantastic area.  All the best.”  I shook her hand, as did my sellers, we smiled, and parted ways.

I thought that was the last I would ever hear from her.

But surprisingly, she called me ten minutes later, and said, “Can you please meet me in the parking lot?”

I came outside to find her buyer, who looked like he was 22-years-old, and his entourage – about four friends, all standing in the parking lot, looking disappointed and bewildered.  The agent said, “My buyer really want this house!  Good house!  Really good house!  My buyer want to pay more!  He ready!  How about twenty-thousand more?  We do a deal!  We sign!”

It was at that point (try and picture the optimistic smile on her face), that I realized she was clueless, as was her buyer.

Look, I’m not trying to be an ass, and I know I’m probably coming off as one.

I just don’t know any other way to explain this, so I’m going about it methodically, and with brutal honesty!

But consider the bullet points here – there were seven offers, this house sold for $1,047,900, and she offered $894,900 with TWO CONDITIONS!

What planet was she on?

I genuinely felt guilty for her own naivety.

I just didn’t understand.  How could anybody be so clueless?

For her original offer to have any sort of merit, the following conditions must have all been satisfied:

1) All of the six competing offers would have had to be under the $894,900 asking price.
2) Those six offers all would have had to be conditional on something; potentially on two things.
3) We would have to ignore the tiny $10,000 deposit, and accept the photocopy of a cheque that said “VOID” as consideration for the deal.

It was bizarre.

As I said at the onset: I figured this agent knew she was doing volunteer-work tonight, and she was just going through the motions.

But she wasn’t!  She came back to me and tried to make this deal work.

So here is my question: where is this agent’s value?

This agent should be embarrassed.

She didn’t know the product.  She had no idea that this house was worth $950,000 or perhaps $1,000,000.  Or maybe on a good day – $1,047,900.

She didn’t prepare her client.  She never got her client to do a mortgage pre-approval.  This isn’t the client’s responsibility; this is our job.  I hold my buyers’ hands through the whole process, and that includes getting them pre-approved, setting them up with lawyers, home inspectors, painters, movers, and everything in between.

She wasn’t competitive.  You can’t have a condition in multiple offers, let alone two.  It was both unnecessary and lazy.  There was a home inspection sitting on the kitchen counter.

She gave her buyer false hope.  I’d love to pay seventy cents for a dollar, but I’m not holding out for it.  Sometimes, the buyer goes down this path, and the agent does nothing to stop it, but I almost feel like the agent encouraged her buyer this time around.

As crazy as the buyer was to think he could be successful against six other buyers by offering the asking price with two conditions and being the only person to not show up with a cheque that night, I don’t fault him at all.

He hired an agent to represent him, guide him, advise him, and act on his behalf.

And that agent basically did the opposite of everything she should have.

I actually don’t feel guilty.  I just feel bad.  I feel sorry.

And I don’t feel guilty for telling this story either.  Even my own seller told me that he values my services, and my commission rate, because I’m the best at what I do, in an industry where 90% of the people are morons.  He considers my fee for service to be a return on investment, which it clearly turned out to be.  So forgive me if I want to share a story that highlights why buyers and sellers should choose their representatives carefully.

But in my mind’s eye I can see the agent’s smile as she gleefully waited for me to say, “WE HAVE A DEAL!”

Written By David Fleming

David Fleming is the author of Toronto Realty Blog, founded in 2007. He combined his passion for writing and real estate to create a space for honest information and two-way communication in a complex and dynamic market. David is a licensed Broker and the Broker of Record for Bosley – Toronto Realty Group

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18 Comments

  1. Moonbeam!

    at 7:50 am

    Guilt is not the right word at all, you have no reason to feel guilty. Bewildered and dumbfounded at the agent’s incompetence, and sympathetic towards her buyer-client who genuinely wanted the property.
    It is heart-breaking to observe the devestating disappointment of a buyer who has been poorly represented.
    You did your job properly, the other agent failed to do hers.

  2. Anonymous

    at 7:52 am

    There are definitely a lot of crazy/weird/(insert adjective here) agents out there….

  3. Clockbike

    at 10:05 am

    “Why then, did the buyer need a condition on home inspection? In multiple offers? When NONE of the other six offers had a condition?”

    Regardless of all other facts of this story, as a buyer, this line got my goat.

    As one of the largest purchases of my life, I want an inspection of the product. It was per-inspected? I don’t care, I want a second one. I want an inspector that answers to me, that represents me and that might catch something the first one miss. Considering the amount of money at play, these people don’t want the condition of inspection? Fine, they can go to a used car dealership and be put at-ease with a shiny new paint job and not look under the hood while they’re at it.

    1. David Fleming

      at 10:30 am

      @ Clockbike

      That’s when you do a pre-inspection.

      I understand – you want your own inspector. I don’t blame you.

      Then you hire one, do a pre-inspection a week, a day, or three days before offer night, and then come in with an unconditional offer.

      Or, you don’t offer. Because a conditional offer, when there are SIX unconditional offers on the table, will never be considered.

    2. Ian

      at 8:21 pm

      David beat me to it, but as someone who has put in [losing] offers on a few houses recently, the answer is to do your own inspection prior to offer night. That’s what I’ve done on two of the three houses I made offers on. The only reason I didn’t do it the third time is because the seller’s inspector was the same person I used (and liked, and trust) the previous two times, so I took the risk.

  4. George

    at 11:39 am

    How can someone who is prepared to buy a million dollar property be so clueless? I would have guessed that buyers in that price range would be more attuned to the process, but maybe purchasing power does not correlate with purchasing intelligence.

    1. Sam

      at 8:05 pm

      These buyer was in their early 20s. When I was in my early 20’s, I was not buying million dollar homes. Age probably was a factor in their ignorance.

      1. Scott

        at 9:59 pm

        And mommy and daddy’s $$$….

  5. Gypsy

    at 11:59 am

    Can you please expand on this selling experience. Did the buyer have to increase the offering price to get the property. How many other offers were improved during the course of offer night. Thanks.

    1. David Fleming

      at 12:03 pm

      @ Gypsy

      Nobody increased their price.

      No offers were improved.

      I always tell people that it’s a one-shot deal, bring your best offer.

      It’s the only honest, ethical way to do it.

      1. Gypsy

        at 12:16 pm

        You said that the house was worth 950,000. I am gussing you looked at the recent selling prices for the similar houses in this area for this estimation. Did they all know that there were 6 unconditional offers on the property. How does a buyer or agent decide how much more than asking price to offer to get the property for sure. Do they provide you the proof that they are pre-approved for the amount they offer or How much of a deposit would you expecet on a million dollar offer to buy the house. If a buyer specify a closing date other than what the seller wants, is it considered a condition on the offer. Thanks

      2. Jeff Norris

        at 1:33 pm

        I’m curious – why do you feel that sending back a few of the offers to compete on a smaller scale amongst themselves is dishonest and/or unethical?

        1. David Fleming

          at 2:08 pm

          @ Jeff Norris

          I believe there are no rules or regulations in our business, and the result is that the public hates us. I don’t blame them.

          When I say, “The best offer will take it, there will be no send backs, please bring your best offer” how would I look if I sent people back afterwards?

          1. Jeff Norris

            at 3:19 pm

            Sure, I get your stance if you’ve already said “this is a one shot deal”. However, what about if you say up front (before any offers received) that you reserve the right to select a subset of offers for a round of increases? Any issues with that?

        2. Jess

          at 9:26 am

          As a recent first-time buyer, the selling agent did exactly that – sent back the offers for increases, there was only one other. The reason I believe this to be unethical is because there is NO disclosure on what the other bids were, or even if there were any. My original offer was already 2.5% over asking, I probably increased my offer and out bid myself. If a property is listed at a certain price, a one-shot bidding process means I am bidding at that price point, not at a moving price point decided during the bidding process, which in my opinion is akin to a bait-and-switch.
          My agent instructed me “they want $xxx,xxx”, I responded “well then why didn’t they list at $xxx,xxx?” I let my emotions get involved and as an unexperienced buyer I upped my offer at the advice of my agent. I feel like I was a victim of the industry, almost like there was collusion between both agents, afterall they have the same objective, don’t they?
          Upon reflecting, I realized that my agent did NOT work for me, I even found the listing myself. Next purchase/sale I will call Mr. no BS David.

      3. Perfect Fit

        at 2:01 pm

        I think this is the most powerful thing I’ve ever seen you write. I know that you preach this, nice to see that you live it too.

  6. Bertie Wooster

    at 11:23 pm

    That agent arguably served her client better by not allowing him to get sucked into buying a million dollar house at age 22. Maybe she was his mother.

  7. SH

    at 10:30 am

    Talk about inexperience. Aside from all her other failures to serve the client, it seems like the last time she participated in any multiple offer deals was a year or two ago! When we sold our place a couple of years ago, there were 6 offers, most with multiple conditions and only a couple were over asking. We were ecstatic when ours sold for 50K over asking at a time when agent flyers still advertised, “sold 99% over asking!!!”. This year, our house hunting has seen houses go 300K, 400K, 500K over asking…

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