Navigating Real Estate Ethics: Protecting Client Privacy Amid Pressure Tactics

Can a past business relationship justify bending state laws? Join Laura and me, Jim, as we tackle this provocative question head-on in our latest Standing Out in Ohio podcast episode. This week, we unravel a complex and all-too-common scenario in the real estate world—an insistent buyer's agent demanding a confidential report without proper authorization. As we recount our firsthand encounters with agents trying to sidestep protocols, we dive deep into the ethical responsibilities and legalities that govern real estate transactions. This episode sheds light on the growing trend of clients choosing to withhold agent information, highlighting why it's crucial to secure explicit permission before sharing sensitive data.

We also explore the heightened importance of communication, especially when agents, frustrated by ticking contractual clocks, resort to pressure tactics. Hear how we stand firm against threats and uphold state laws to protect client confidentiality, no matter the cost. Through engaging stories and practical advice, we provide listeners with insights into how to navigate these tricky waters with integrity and professionalism. Tune in to discover the necessary steps for mastering the art of client privacy in the real estate industry.

Transcript

Speaker 1: 0:02

Welcome to the Standing Out in Ohio podcast, where we discuss topics, upcoming events, news and predictions with real estate professionals and entrepreneurs. Listen and learn what makes their companies and themselves stand out and gain advantages over the competition and gain market share. Subscribe for the latest news and discussion on what it takes to stand out from the crowd. Now here's your host, jim.

Speaker 2: 0:32

Hello everyone. This is Laura with the Standing Out in Ohio podcast, and with me is the delightful Jim Hello. We're starting this one off then. Okay, so we got a call today from an agent who is apparently the buyer's agent and she wanted the report reasonable reasonable and usually I'm not gonna send that out right. However, we couldn't why she wasn't on the order.

Speaker 4: 1:03

So when we come back, we'll talk about this and I'll give the scoop all right, let's listen to this habitation investigation is the way to go for a home inspection in ohio. Trusted, licensed home inspectors for your needs. From radon to mold to warranties For a great home inspection, you really can't go wrong. Visit homeinspectionsinohiocom.

Speaker 2: 1:38

Okay, so we get a call today. Agent's all frustrated because this is the last day of the contract period and she needs to get this report or she can't do her request to remedy. So Amy pulls it up and she's like I can't send it to you. I'm sorry You're not on the order. Fair assessment.

Speaker 3: 2:01

That's a confidential thing, right?

Speaker 2: 2:03

You can't just send the reports out, so Amy calls me because the buyer's agent was getting kind of cranky. So I'm like no, you're right, we can't send this. This is a confidentiality thing. We do not have permission to send this. And apparently the agent was like I gave all my information. He put it there when he was on the thing. Well, I pulled up history. I didn't see any information where the agent had gotten in at all.

Speaker 3: 2:32

Okay, so it was never even attempted, so I don't think it was ever even attempted.

Speaker 2: 2:37

So Amy confirms with me, goes back to this agent who, instead of being nice and going yeah, I understand, just automatically starts threatening with I've sent you so much business over the last few years. I really hope you do right by me and you send me this report as soon as possible. And you know, blah, blah, blah and so on and so forth, chick, you haven't sent us anything since 22. You're not that good, apparently, no, and not only that, but why do you just jump to threatening? This is a state law. I can't change it. I can't just all of a sudden go. You know what? I'm sorry, ms Agent, I don't really know if you're working with this client or not, but here let me give you the report against what state law says.

Speaker 3: 3:24

And we've had agents call us pretending wanting to get a link to a report and they're like, oh, okay, and then we contact these clients.

Speaker 2: 3:36

No, I walked from that house.

Speaker 3: 3:38

Yeah.

Speaker 4: 3:38

and the agent said oh yeah, I'm their new agent and the person we didn't expect, for it is like no, they're not new agent and the person we did a Skype for is like no, I walked, they're not my agent.

Speaker 3: 3:47

So agents outright lied to us trying to get reports.

Speaker 2: 3:52

So contact the client. I say point blank do we have your permission to send the report to the agent?

Speaker 3: 4:02

So this is the current situation. This is the current situation. Did you text him?

Speaker 2: 4:06

Yeah, I texted the client and the office together, so Amy would know if this agent called back. She doesn't know what's going on. Okay, this client said thank you, I've taken care of it. We did not get permission to send that report to that agent. My assumption is that the client did, but I have no clue he still never, he never they never gave us permission to to get that report.

Speaker 3: 4:33

We cannot get that report out and we have had it's happened several times a year where a client will tell us hey, I do not want you to send this to my agent.

Speaker 2: 4:43

And it's happening more Like I'm seeing it a lot more where people aren't putting agents into the orders, or if I ask about it, they're like don't worry about it, I'll take care of it, I'll send it when I'm done.

Speaker 3: 4:56

Yeah.

Speaker 2: 4:57

Or you know things like that we are. We are specifically being told not to send the reports out.

Speaker 3: 5:03

And they're the client, and they're the client, and that's what.

Speaker 2: 5:06

that is what the home inspector licensing law states, that everybody pushed for. We are bound by this. We cannot send anything out without express permission and if you don't give it to me I'm not sending it now if she is legitimately that client's agent and I have no reason to doubt she isn't we still need permission no matter what permission why is she waiting to the last minute?

Speaker 3: 5:35

that's a day to go. Hey, I to report. It was done days ago. Yeah, so my.

Speaker 2: 5:43

Why wouldn't you text your clients and ask your client for that report, which is another question?

Speaker 3: 5:48

Yes, If I was an agent, I did not get the report. I would contact my client and go hey Did you get this. Did you get the report? Have you looked over it and, if you want, forward it to me and I'll look over with you as well I can help you work on the request to remedy.

Speaker 2: 6:07

What do you want off of it? You know anything like that, but I I don't know. That's not what happened here and I don't know why this agent didn't contact this client over the weekend asking that. I don't know why she I mean, everybody knows I'm pretty much accessible all weekend, oh yeah.

Speaker 2: 6:23

You know I don't know, or send an email and go hey, I never got this. You know I never got this report. Can you follow up on this for me? Like anything, I got nothing this weekend because I went and looked back in case I missed something, because I went and looked back in case I missed something.

Speaker 3: 6:41

So once again it's a communication issue or somebody not knowing that we really can't do that. They don't know the home inspector, the rules regarding that Right. It's similar to some of the agents thinking, well, once inspection is done, we own that report. I'm like no you do not.

Speaker 2: 6:56

No, you don't.

Speaker 3: 6:57

It's a client. The use of it belongs to the client who paid for it, Right? Who's buying the house? That's what it belongs to. Everything else is like nope.

Speaker 2: 7:07

No.

Speaker 3: 7:07

Nope.

Speaker 2: 7:09

So just an interesting FYI Make sure that you know, if there's a glitch like that, that you contact your client or that your client knows that they need to send it to you.

Speaker 3: 7:21

Yep, all right. Anything else on that one? No, I think that's it All right. Thank you everybody. Bye, bye-bye.

Speaker 1: 7:28

You've been listening to the Standing Out in Ohio podcast. Be sure to subscribe on Spotify or Google Podcasts to get new, fresh episodes. For more, please follow us on Instagram, twitter and Facebook, or visit the website of the best Ohio home inspection company at homeinspectionsinohiocom or jimtroffcom. That's J-I-M-T-R-O-T-H and click on podcast. Until next time. Learn and go do stuff.