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CCH - Caveat Venditor - Protect Yourself Against Hidden Agendas
CCH - Caveat Venditor - Protect Yourself Against Hidden Agendas
agendas
Before committing to an exclusive sole mandate with an estate agent, sellers need to
clarify under what “office rules” the agent’s marketing program for the mandated
property will be conducted – clearing the table of any hidden agendas which will be
to the seller’s detriment. It is recommended that the sole mandate should be geared
towards including all the estate agents in the local property market and not towards
reducing the exposure of the seller’s home to would be buyers from competing
estate agencies or agents. A properly constructed sole mandate can hone the
combined marketing force of all the estate agents in the area where your property is
located – a force whose “circle of influence or contact base” is contrary to popular
belief responsible for more than ¾ of all property transactions by estate agents.
Sellers too often only negotiate the sales commission and leave the “nitty gritty” of
the marketing plan in the experienced hands of the agent – lulled by either his or her
recent sales success or the impressive national presence of the agent’s company. In
a strong buyers market the most important item on the seller’s agenda should be to
negotiate with his or her prospective sole mandate agent an inclusive marketing
program.
The very high levels of competition for business in the property industry encourages
a strategy of “indirect exclusion” by especially dependent estate agents - i.e.
agents whose marketing efforts are orchestrated by management or agency owners
who funds the agents marketing costs in exchange for 50 or 40% of the sales
commission. The estate agent is obliged to operate with a hidden agenda under a set
of written or unwritten office or company rules geared at excluding other estate
agents from marketing the mandated property for either a certain period of time,
or for a disproportional share of the sales commission. Justification for such
exclusionary practices are laid in front of the doors of “high marketing cost” or
“creating a fair change to recuperate cost”.
A seller therefore unknowingly contracts not only the estate agent but also a set of
“office rules” which discourages a co-operative spirit among competing estate
agencies, effectively preventing the mandated agent to put their client’s interests
first. By discouraging working together with other established professionals,
marketing programs under such office rules act as a double jagged sword by:
A further positive feature of this “open door marketing program” is that it stimulates
agents to be more service driven, while at the same time creating a level of trust
between the seller & mandated agent beyond the norm in the industry.