Unethical conduct????

**mysaturn2** · 08-05-2008, 07:44 AM

I have my house on the market and because of my job, I travel nation wide weekly. While I was out of town last week I received a call from my agent stating that 2 rooms in my home had "flooded", apparently it started in a bathroom. My agent said she may have flushed the toilet and left. Then she called a "restoration" company and GAVE THEM the key to my house and they entered through a door bypassing the lockbox and the agent was not present. Then she sent a relative over to change out the electronic lock box, again gave this person the key to my home and the agent again was NOT present. I really have no clue how many people have had access to my home or house key in the last two weeks and the agent is avoiding my calls. I have a $1,000 insurance deductible and am more than concerned. I am a single female who lives alone and this has been very uneasy to me. Was this behavior unethical or just very unprofessional? I have asked for the "electronic" readout of all entries into my home and have yet to receive it. Any suggestions?

**Codythebest** · 08-05-2008, 12:50 PM

A suggestion?? Change agent !! Now. Contract or no contract. What else do you want? A neighborhood party in your living room? Get another agent now...

**Greg** · 08-06-2008, 05:39 AM

Don't forget to have the door locks re keyed.

I don't understand agents flushing toilets and leaving. I always wait for the toilet to stop running before I leave just to avoid this type of situation.

Did the agent get estimates from a couple of companies before she assigned the job. This wouldn't be the first time a "restoration company" had ties to the listing agent.

**probate_attorney** · 08-06-2008, 05:44 AM

I would think that turning the water off at the toilet and then using a "good old mop" would have done the job.

Calling in a restoration company without you pre-approval doesn't sound right.... and uncle in the restoration biz. maybe?

**jamesww** · 08-06-2008, 10:04 AM

The scenario you discribe at minimium would be highly unprofessional and in my opinion would be in violation of ethics. It is your agents job to try and preserve your safety. Contact the agents broker right away politely demand the electronic read out and that the broker views the water damage caused by the agent. Request a new agent right away or that the broker release you from the listing contract. Allow them to know that you will bring forth litigation if the appriopriate repairs are not met and you do not recieve all items in your request.

Furthermore change out all the locks as was mentioned before.

I am very sorry that another agent was so unprofessional and hope that you recieve the representation that you deserve. I hope that this economic down turn weeds all the cruddy agents out of the industry. We really need a good house cleaning and brokerages seem unwilling to do it themselves.

Feel free to ask us anymore questions that you might have as that is why we all take the time to frequent this board.

**RE Consulting Services** · 08-07-2008, 10:04 AM

Very unethical. An agent is not allowed to give your key to anyone under any circumstance except for another licensed real estate agent and then, only if you have given them permission to do so in your instructions for showing. The lockbox would allow other licensed agents to show your home but if she was going to be handling the flooding issue, she should have been present for every visit and let them in herself. Changing out of lockboxes can and is usually handled by an assistant but even then, the key can be inserted in the lockbox and sealed by the agent for the assistant to simply place it on the property without having access to the key. You have perfect grounds to fire your agent without penalty and require that the broker pay for your locks to be changed. Hope that helps...

-Angela

**michael krotchie** · 08-07-2008, 10:51 AM

Unethical and stupid at the very least, but if you wanted to pursue the issue there could probably be monetary and/or disciplinary repercussions.

MLS rules typically cover issues just like this, I would first contact the agent's broker to voice your concerns, then perhaps the local MLS board also.

**Tyler Schacter** · 08-11-2008, 03:02 PM

Seems like a serious breech of conduct to me. I'm not exactly sure how it works in the US, but would assume there is a code of conduct similar to ours in Canada:

Realtor Code Of Ethics

CREA's Code of Ethics and Standards of Business Practice has been the measure of professionalism in organized real estate for over 40 years. The first code was approved in 1913 at the convention of the National Association of Real Estate Boards held in Winnipeg. The first Code of Ethics specifically prepared for members of The Canadian Real Estate Association was approved by members in 1959.
The Code establishes a standard of conduct, which in many respects exceeds basic legal requirements. This standard ensures that that the rights and interests of consumers of real estate services are protected. As a condition of membership, all REALTORS

**SellMyDigs.com** · 08-17-2008, 10:42 PM

I'm not sure, but maybe it was good that she called someone out to stop the flooding.

**stan Jensen** · 08-18-2008, 08:08 AM

I believe all the answers so far are very good and you should follow their advice. Make sure to follow this through, unfortunately "water claims" on insurance will make it very difficult for the "buyer" to get insurance. For some reason our friendly insurance companies look at "water claims" as related to "floods" . . .

Good luck!