Ok, I want to run something by my Point2Agent Peers to get your opinions and/or advice. I apologize for the long windedness that follows:
Ive recently run into a situation where a property owner contacted me through my website and did a phone interview (as she is in OR and I am in NC) regarding listing her home for sale. After long conversations and legwork on my part (CMA, paperwork, etc), I was sent a digitally signed listing agreement for 6 months for a property that was under property management with a different real estate firm.
Once we established the listing relationship, the owner contacted the property management company to let them know to cooperate with their new listing agency, only to find out that 2 years ago when they signed the property management agreement, that there was an added clause that said that if owner decides to sell property during the time they have it under property management, seller agrees to list it with property management company.
Now, they were not happy with that at all, and after 2 full days of trying to gather information about this, I finally decided to contact the Broker in Charge/Owner of the property management firm and try to come to some sort of agreement. After all, I have a legal Listing Agreement.
I offered to give them a referral fee when the property sells. I was told "I will consider that and get back to you, but will call and talk to the owner first".....contact was made to the owner and ultimately, was convinced to reconsider and decided to list the property with the property management company's firm.
In my opinion, I feel that this is a case of an "Illegal Tying Agreement" which could be a violation of the Anti-Trust Laws (Sherman Act).
PLUS, once they called the owners and "solicited" them to change their mind and list the property with them at the same terms and commission that was offered by me, was that not a classic case of "Sign Crossing" which is a direct violation of the Code of Ethics.
Any help and opinions on this matter would be great. Im not a boat rocker and Im not really all that upset that I lost a listing, Im just more aggravated that they are doing this to our local (and non local) consumers, which is taking away their right to freely list their homes with the agent of their choice. Sure they may have signed it.....2 years ago.....but are they not allowed to change their minds if they feel they would be better serviced by someone else?