Recent Real Estate Pet Peeves

Opinion

6 minute read

March 15, 2019

I had a little help with this one, I will admit.

A few readers emailed me over the past week, one as recent as Thursday, taking issue with, um, how will I say, “real estate practices.”

So in no particular order, here are some of my recent real estate pet peeves.

Sold in Zero Days!

A reader emailed me about this during the week, and I’ll admit, I’ve seen my fair share of this.

Picture a listing that’s been on the market for, say 35 days.  And picture the agent who is looking down at his or her precious stats, trying to figure out how to make them look better.

I mean, the agent could simply lie.  That’s easy, and there’s already a ton of that going on.

But for the (somewhat) honest agent, there’s an alternative.

When you receive an offer on the property, and successfully negotiate to a firm sale, simply terminate that listing, then re-list the property anew.

BOOM!

Zero days on market!

This was recently done in North Toronto where the listing DOM, or “Days On Market” for you non-MLS junkies, reads a proud zero.

So this agent, technichally-speaking, can claim to have sold this property after zero days on market.

And even if he or she didn’t take that route, which I still expect most agents would, the TREB stats would show zero days, as would the IMS stats; IMS being the third-party company that takes our data and sells it back to us, seemingly with TREB’s blessing.

Is this tactic about stats, or is it about ego?

Personally, I don’t care about “Days On Market” as a stat because I have three different listing strategies that all result in different DOM:

1) List for an immediate sale, whether you have a 24-hour holdback, or expect the first 1-2 people through the door to pay full ask, or more.
2) List with an offer night exactly seven days later.
3)Over-list with a built-in cushion for negotiation, knowing that a 3-4 week sale is likely.

Sold Over Asking!

Is this still going on?

I was musing this afternoon that most agents are always six months behind the market, and we see this when they demonstrate zero knowledge of current market conditions.  Either the market is red-hot, and they’re coming out of a slow market whereby they don’t see how hot their listing is, or they’re holding back offers on a property that’s probably going to take weeks to sell at their current price point.

Agents can be clueless, and I don’t understand how some agents out there still think that “sold over asking” is a feather in their cap.

Back before the “under-price and hold back offer” strategy became commonplace, you would actually see the odd property sell for over the asking price.  This was often a testament to the agent’s hard work, either by stalling the offer-in-hand to wait for another, or by working the phones to drum up other interest, or simply by negotiating the pants off the buyer-agent and getting that agent to bid higher for no reason.

But that was then, and this is now.

And when you take a $1,000,000 house, list it for $899,900, and sell it for $1,000,000, do you really think people want to hear about how you sold the property for 111% of the list price?

More to the point, when you laughably under-list a property, say, a $1,500,000 house for $999,900, hoping to get 50 offers and waste people’s time, do you really take pride in marketing that you sold the house for over 150% of the list price?

I think it turns people off.

It’s so pointless, and so old.  I think it makes these agents look self-congratulatory, and out-of-touch.

Seller Reserves The Right To Accept Pre-Emptive Offers Without Notice

Remember the spring of 2017?

Remember when the market was absolutely insane?

Remember when pre-emptive or “bully” offers were rampant?

And remember how some listing agents decided they were going to deal with them?

Rules are rules, but back in early-2017, a lot of listing agents decided they simply didn’t care.  When it came to protocol for dealing with pre-emptive offers, they simply threw all that out the window.

If you receive a pre-emptive offer on a listing, and if the seller decides to work with it (ie. forego the scheduled “offer night” a week later, and sell the property today), then you must notify every person who “expressed an interest” in the property.  That means contact agents who have booked showings, whether they have conducted that showing or not.

In early-2017, listing agents started doing this:

And it was chaos.

The argument was simple: “Oh, sorry officer, I know I ran that red light but I said that I was going to do it.  Bye!”

Listing agents felt as though so long as they disclosed that they were going to break the rules, that this made it okay.

There were essentially two reasons for doing this, and neither of them involved working in the best interest of the seller-client:

1) Looking to double-end a listing.
2) Laziness.

I don’t know which reason is worse, honestly.

But guess what, folks?

That screenshot above is from a listing that came out on Thursday, and it’s one of many like it.

I was filming my Pick5 on Wednesday, and came across another listing that had this disclosure, and I went nuts.  On camera, no editing, I just left it there for people to view.  As I said in my video, I can’t understand why this isn’t an automatic $10,000 fine.  It’s been TWO YEARS since agents were told not to do this, and they’re still doing it.  It’s so disrespectful to cooperating agents and to the buyer pool, and it simply spits in the face of TREB, who clearly isn’t doing anything about it.

FYI – if you ever see anything you don’t like on an MLS listing, email dis@trebnet.com and report it.

Buyer To Verify

What are we?

As agents, I mean.  What are we?

Are we professionals?  Are we competent?  Are we people who deal with others in good faith, and with fairness, and integrity?

Do we do our job to the absolute minimum of our abilities, or do we strive to something better?

Because frankly, I’m tired of seeing this in MLS listings:

It’s lazy, ignorant, and insulting.

As a listing agent, one of your jobs is to verify the information pertaining to your client’s listing; the client who has hired you, and is paying you, to represent their best interests.

If you are too lazy to look up a few numbers, and/or verify them, then what is your value?

And folks, don’t believe this is something it’s not – this is far, far from anything that would every hold up in court!  You can’t just write, “Buyer to verify taxes,” and then detail the taxes on the MLS listing as $2,000 per year, when they’re actually $5,000 per year, and then say, “Too bad, so sad.”

So why even bother with this?

Well, because agents are stupid.

And to be honest, and blunt, the same agents that think they can write “Seller Reserves The Right To Accept Pre-Emptive Offers Without Notice” and get away with it are the same ones writing “Buyer To Verify Measurements.”  And they aren’t mid-town agents from reputable firms, that’s for sure.  Read into that however you want.

The idea that a listing agent can detail on a listing that maintenance fees are $350.00 even, when he or she has no idea what the fees are, and hasn’t checked, is absolutely beyond comprehension.

I feel dirty just writing this.  God I’m mad.

Feeling You’re Smarter Than People And Trying To Turn A Negative Into A Positive

What does a listing agent say when you ask for a copy of the home inspection, and they haven’t done one?

A few things come to mind:

“I’m too cheap to do one.”

“My sellers don’t want to reveal all the things wrong with this house.”

“I don’t really know much about listing properties, so it never occurred to me that this might be a good idea.”

All of those statements are likely true, but that’s not what an agent would say.

The most canned response is:

“The seller has elected to allow the buyers to perform their own inspection, at their convenience.”

Oh, well then!

If that isn’t a load of BS, then I don’t know what is.

This absolutely reeks of “Piss in my ear, and tell me it’s rain.”  I can’t think of any better way to put it.

It’s taking a negative and trying to spin it into a positive, sounding absolutely stupid in the process.  There’s not a human on the planet that would hear this and think, “Oh, wow, well, that’s really nice of the seller to allow that, and very thoughtful with regards to the buyers’ convenience as well.”

So take this a step further, dumb it down more, and you get this:

Really?

This is like saying, “Termite-Filled House Represents Fantastic Opportunity For Buyer To Convert To Non-Termite House According To Wishes And Desires.”

Don’t insult us with this crap.  Buyers are too smart for this, and it turns them off.

Basic Math

No words needed here:

Basic Data Entry

I’m no genius, but $899,900 looks like a lot for a parking space:

One Plus Media

You’ve all seen my video about the condo den, right?

Yes?

No?

Can’t remember?

Well, that last one isn’t true.  Not to toot my own horn here, but you’d remember if you saw this:

 

You know I hate how the idea of a “den” has become this stupid, tiny, useless room in a condo.

But do you know what I hate even more?

This notion of “media.”

A true “plus one” on the MLS listing was always intended to be a below-grade room in a freehold, hence the “5+2” rooms, or the “3+1” bedrooms.  Then when condos came along, the “plus one” was intended to be an “almost-bedroom,” ie. a den.

So you’re used to seeing this on a condo listing for a 2-plus-den:

That’s fine, we’ve adopted to that.

But this idea of “media” as an accepted “plus one” is not okay with me.

What is a “media?”

This:

I’m sorry, but that desk pushed against the wall is nothing.

It’s a desk pushed against a wall.

Just because pre-construction condo developers have invented this stupid notion of “media” to further exploit naive, unassuming consumers and have them pay a higher price in the process does NOT mean this needs to carry over to MLS.

We cannot have this “media” described on MLS as the new “plus one.”

And of course, by “we cannot have,” I mean, “we already have.”

Weekend, you can not have come soon enough…

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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26 Comments

  1. Ed

    at 7:19 am

    Boy oh boy David you sure have a head full of steam today. Nothing wrong with that, I get it. Are you doing the low carb thing, you did look thinner in your last Pick5

  2. Jennifer

    at 9:52 am

    You should run for a spot on TREB or OREA or RECO or whoever it is that is the real estate police. Clean up some of the nonsense that ruins agents’ reputation.

    1. Jennifer

      at 9:53 am

      *real estate agent police

  3. Housing Bear

    at 11:21 am

    If they are claiming a desk in the corner is a +1 than i feel like they should at least include the table.

    Or maybe you can get around that with something like “Customizable Media room- Buyer to purchase table at their convenience”

  4. Appraiser

    at 12:14 pm

    Note to clients:

    Wednesdays TERANET index and today’s CREA report confirms that the Toronto real estate market has proven remarkably resilient since the correction of 2 years ago, having now displayed a prolonged and sustained soft landing.

    The Toronto market remains tight, with prices still tracking at better than inflation on an annualized basis, while chronically low listing inventory is offset by an artificial decrease in demand, induced by the harsher-than-necessary mortgage qualifying test that was introduced in 2017.

    The outlook is that prices will continue to track or outpace inflation over the immediate time horizon.

    http://creastats.crea.ca/natl/index.html https://housepriceindex.ca/2019/03/february2019/

    1. Chris

      at 2:28 pm

      Whose outlook is that, your own personal one? Because here is CREA’s:

      “The national average price is projected to stabilize (-0.2%) at around $487,000 in 2019 following a 4.1% drop recorded in 2018, which was the largest in almost 25 years.”

      For Ontario, they forecast price increase of 3.3% for 2019, and 1.7% for 2020. Meanwhile, RBC is forecasting CPI increases for Ontario of 1.5% for 2019, and 2.4% for 2020.

      Can’t seem to find a CREA outlook on Toronto specifically, let alone one that mentions outpacing inflation. Please share your source.

      In addition, you forgot to mention that February home sales in the GTA fell 12.6% from last year, to the lowest level since 2009.

      You claim that demand is being artificially decreased. Yet if we don’t expect a change in the B20 stress test, at what point does this “artificial” decrease become a real decrease, in your view? Do you qualify demand as a result of lowered interest rates as artificially increased demand?

      Finally, whose clients are you addressing this note to? David’s? Your own clients?

      1. Professional Shanker

        at 3:04 pm

        What am I missing here. If I look at TREB’s report sales in the GTA are down 2% Feb 2019 vs. 2018? This isn’t good at all given that B20 would have pulled forward sales in late 2017. That said where is the 13% figure is from?

        1. Chris

          at 3:20 pm

          Ah, I apologize, I mistakenly reported the decline in sales from January to February.

          You are correct, the decline in sales was 2.4%. Yet this still represents the slowest February since 2009.

          My mistake!

          1. Professional Shanker

            at 3:22 pm

            Thanks for clarifying Chris.

            It was a terrible Feb nonetheless!

      2. Appraiser

        at 10:46 am

        Clients include CIBC, TDCT, National Bank, BMO, Tangerine, HSBC… to name a few.

        Can I see your client list?

        Oh yeah, still awaiting your CV.

        Amateurs…yikes!

        1. Chris

          at 11:20 am

          Just so we’re all clear, your clients are a number of large Canadian financial institutions, and you’re attempting to send them a memo about the housing market (despite the fact that they all have internal economic research departments) through an individual real estate agent’s personal blog?

          That makes perfect sense.

    2. J G

      at 5:17 pm

      LOL, no shame at all Appraiser.

      Btw, I told all the young people at my work to not buy overpriced condos. If they really want to buy right now, look for semis and towns in the 905, there are some deals. Stay away from detached as they are still falling.

      1. Professional Shanker

        at 6:16 pm

        Playing devil’s advocate here but if the detached homes in 905 are falling in price, isn’t that where the deals (relative valuation speaking) would be? It is not like semis and towns will appreciate to the point of detached prices.

        1. J G

          at 8:29 pm

          I was talking to young ppl/first time buyers, they can’t afford 905 detached even at falling prices.

      2. Appraiser

        at 10:53 am

        Thanks for your “professional” expertise.

        Don’t tell me, you been predicting a crash tor the last decade too (now that’s shameful).

        1. J G

          at 8:33 pm

          There are not many properties to appraise these days, shouldn’t you be updating your resume? I know a few realtors are leaving the business.

  5. m m

    at 1:18 pm

    As a pet peeve, putting the offer date in the broker comments, so that the clients don’t get to see it, does irritate me. Is it such a big secret to reveal that the seller is holding back on offers? I can’t see it being a disadvantage to post that info.

    1. Al

      at 2:15 pm

      This is a good one. Most buyers do all their searching online and I’ve never understood why the broker comments are separate than what is shown on realtor.ca

    2. Clifford

      at 11:44 pm

      Agreed. I hate it. If you want to hold back offers, then it should be easily identified and not waste peoples time.

  6. G.I.Joe/He-Man/Parkhurst

    at 3:22 pm

    This blog was so amusingly enjoyable 🙂 I think both realtors and non-realtors can appreciate why these are pet peeves. Wow….

  7. Clifford

    at 11:40 pm

    Just weird seeing sellers under listing by say $50K to start a bidding war. If the home is $1.1M why list at $960K? Seems like such a waste of time. I guess some agents and sellers are still drinking cough syrup.

  8. Bev

    at 1:08 pm

    Try agents who don’t listen to their clients non negotiable before they take then on a tour of a property just as a favour to the listing agent to say. Well I brought traffic through. Will you return the favour?

  9. Sandee Avery

    at 1:58 pm

    “Stupid” We are not! Legally protective from uneducated buyers, possibly. And if you would like a lesson on how to read and MLS listing I am sure Real Estate Professional would be happy to assist you. Maybe a lesson in Marketing 101 would help also. Is there a possibilty of any positive energy coming out of your mouth?

    1. Devil's Advocate..

      at 9:51 am

      @ Sandee Avery..

      if you have “uneducated buyers”, perhaps a function of your job as a realtor should be to “educate” your buyers.. your job is not to simply “get” the listing so you can profit from when another realtor “sells” the listing for you..

  10. Jennifer

    at 10:04 am

    I was on a well known top producing agent’s facebook page (active in the east end) on the weekend and thought about this blog. His posts were littered with sold over asking. It’s so beyond ridiculous, and it’s even experienced agents who still do it, not just blogTO. It should be banned.

  11. Pingback: The Whole "Bully Offer Thing" - newyorkrealtors

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