Shady Broker or Shady Client? Where Does It Start...?
Time for a controversial question from The Apple, Peeled … which came first, the shady broker or the shady client? We have all heard of the horror stories of ill-intentioned brokers using bait-and-switch tactics, not showing up for appointments or lying about features or conditions altogether … so many, in fact, that many have attained the status of urban legends. You will find such stories sprinkled throughout the net, shared across dinner tables in bite-size, juicy morsels and relied upon over drinks for award-winning story telling throughout the city (and the country, really). Such stories generate enough emotion to power a small car, it seems.

Less prominent are those tales of clients doing the same on their end.
For some reason, we’ve heard too many of such occurrences recently to keep them all to ourselves. Although they exist on the sales side of the equation, as well, to be sure, they truly flourish in rental land, where the transaction cycle is shorter and more ripe for their full glory. Here is a sampling (names are fictional to protect the innocent and not-so-innocent):
TALE #1: Molly’s mom desperately calls Broker A to beg for help in finding her daughter an apartment this weekend, asking Broker A to please adjust her calendar to accommodate these dire needs as she has nowhere else to turn. Broker A’s heartstrings are pulled, and she spends a good half-day begging other brokers for last minute appointments. Right before leaving the office, Broker A overhears Broker B in the same office letting his assistant know that Molly’s application on her apartment had been approved. It so happens that Molly had been working with Broker B for 3 months now and had already placed an application on an apartment. When confronted on the phone by Broker A, Molly replies “… silence … I’m canceling my appointment” and hangs up.
TALE #2: Ted tells his Broker that he wants to see as many apartments as possible over the next two days because he needs to make a decision ASAP. Ted conveys that he is committed to working with the broker and appears very serious. The broker spends about 5 hours researching and setting over 16 appointments for the said properties, clearing out her calendar to do so. When she sends Ted the itinerary the night before, he notifies her that he’s seen most of the apartments on the list either by himself or with other brokers, and to only show him two of the 16 apartments the first day and one the second day. The Broker goes on to cancel 13 appointments and re-arrange the remaining ones. At 11am, at the first apartment, 10 minutes pass, 20 minutes pass with no sign of life and direct transfer to voicemail, and Ted ends up being a no-show altogether leaving 2 brokers (Ted’s and the owner’s) high and dry.
TALE #3: Jack and Jill finally found their perfect apartment with their Broker. They tell him that they definitely want it, ask for it to no longer be shown and want to move forward ASAP. On New Year’s Eve, around 4pm, they beg for the fifth and final show of the said apartment at which point they hand over certified checks for the non-refundable deposit. The Broker accommodates the request just prior to the evening’s festivities, in full party attire, trekking it to the Upper West Side to ensure that the couple has the apartment. Two days later, after several futile attempts to get in touch with Jack and Jill by the Broker, the couple threatens a lawsuit to get their deposit back via email as they’ve changed their minds. To top it off, they ask high-powered friends to call different people they know throughout the brokerage firm to threaten the same, all the while never picking up the phone.
Tenants aren’t the only ones getting burned out there. Brokers are mistreated all the time … it comes with the territory but can leave a real mark on many. After enough of these instances, after enough times of going above and beyond for sincere-sounding tenants, they toughen up. After enough instances of tenants renting apartments behind their backs that in no way met the criteria they described of their ideal home, they start hedging their bets and showing different kinds of apartments anyway (leading many tenants to respond with “this is NOT what I said I wanted! didn’t you listen to me?” After enough tenants going directly to a building to bypass the broker altogether (with the leasing office calling the agent telling him/her so), they stop providing actual addresses. They refuse second or third showings without the completed application upfront, or pressure tenants to sign the lease / provide the deposit the very same day of the apartment visit. They realize that every minute or every hour they spend on long conversations or on long, draw-out appointments may amount to absolutely nothing and, well, they get jaded. (To those who believe this post is too one-sided, you may wish to read the one on the shady broker practices on Craigslist.)
Noah further points out:
"This applies to sales as well. All too often the story is only how shady brokers are, because lets face it, people want choices and the option to pick and dump whomever they want as they see fit irregardless of the quality of service provided - the broker becomes a great scapegoat for any buyer that is too emotional or too confused about the buying process. As a broker, you learn to fine tune your instincts to maximize buyer loyalty and minimize the occasions where a buyer will use you and then dump you - something that takes years to do and unfortunately, many bad experiences need to occur for the agent to see the signs of these types of buyers. Over time, the agent learns when a buyer is playing you or wasting your time and tends to focus on the clients that both respect their time and the service that they bring to the table. Trust me, not every buyer does."
The moral of the story is that, if you’d like to be treated professionally and with respect (which you should expect for sure), karma would suggest you do the same in return. Be honest, respect others’ time, and stick with one person. Not only will your experience be infinitely more enjoyable and productive, but you can prevent the birth of a shady broker in the process, benefitting generations of renters and buyers to come.



Posted by Noah
Mon Apr 26th, 2010 10:21 AM
Im running off for my birthday trip but wanted to comment real quick. Its an interesting question you raise Ana.
First off, brokers are ALWAYS to blame. The reputation is bad enough that buyers/renters/sellers (any type of client really) will not feel at all bad about treating their chosen broker like dirt. Trust me, it happened to me plenty in my 6 yr real estate career.
Here is the rub: Every client has the right to NOT purchase, or NOT rent, or NOT sell. Its the shady behaviors that really piss me off. The clients that pressure me to prioritize them and rush them into to see a place because they MUST bid on it immediately, the clients that pressure you to setup appts only to cancel 5 minutes before the showing when Im in the lobby knowing my cell phone and choosing not to tell me earlier, the clients that use my services for months only to bid on a property they like on their own and buy without me after telling me they absolutely need my advice to purchase, the sellers that insult me when I procured a bid over ask only to switch firms and sell far below that level later on, etc...The client that yells loyalty and sets high expectations only to see how I value properties and then go on their own for the purchase.
Not sure the client really cares..again, the general reputation might be the foundation for this. The thinking goes, 'well brokers suck and are liars, and are overpaid so who cares if I waste their time or disrespect them'...but not all brokers are liars, or disrespectful. Some of us work our a$$es off for clients to provide a valuable service that they ask of us.
Its the brokers job to pre-qualify their clients and work with those that they feel worthy of their time. In a commission based industry, thats the best model you can do. It takes time to fine tune what type of buyers are likely to waste your time, never buy, or are flaky and not loyal to any one broker. But that is their call and they have that right. Im sure some broker will get the deal, but 5 other brokers may have spent time with them. Its a touchy subject and Im curious to hear both sides of the story here, from brokers, from buyers, from sellers.
Posted by Andrew Fine
Mon Apr 26th, 2010 12:56 PM
Noah-
Happy Birthday!
I can go on and on about shady clients. It is unfortunate that we have to deal with the general public and cannot rely solely on trusted referrals.
Rentals have gotten particularly ugly. It is a tough economy and it is bringing out the worst instincts in people. If it weren't for a little post recession hangover, I would probably opt out of that side altogether (except for good referrals).
On the sales side it can be equally aggravating. There is nothing worse than the client who swears loyalty, but swings out solo for one apartment and ends up buying it. They think they are saving a couple of bucks, but they just don't understand that 5 or 6 percent is getting doled out regardless.
Anyway, like I said, I could go on and on, but it would probably spike my blood pressure!
Posted by Ana Maria
Mon Apr 26th, 2010 01:24 PM
Indeed, Andrew - this is why we thought we'd bring it up, because we've heard so many such stories as of late.
Question: have you every used a buyer's agent exclusivity agreement on the sales side as a means of protection? I've heard of other buy-side agents using it, so am curious.
Posted by higher standards
Mon Apr 26th, 2010 01:36 PM
shady clients are just a mirror of society and as such should not be expected to behave any differently. we all would like honest, polite...people to deal with. ain't gonna happen.
On the other hand, we SHOULD expect professional behavior from brokers who supposedly provide a service; and they do.
The 2 categories CANNOT be held to the same standards.period.
Posted by nycjoe
Mon Apr 26th, 2010 06:55 PM
higher standards is exactly right, if every party in the RE market respected every other party's position, brokers would never get frustrated about unscrupulous buyers or flaky owners. Buyers would never get frustrated about shady broker practices or owners agreeing on a price and then holding out for a better one. Sellers would never get frustrated about brokers insulting their intelligence about how successful they will be just to get the listing, or buyers wasting their time by pretending to be serious about making a deal.
Each of these parties tend to vent their ire at the other two and make sweeping generalizations. Because all are a reflection of society there will always be good and bad actors, and unfortunately there's no way around it- bad people will keep screwing over good people when they know they can get away with it.
I've commented here in the past that the main problem is that the internet has changed drastically the way buyers and sellers can connect, but the brokerage industry has unfortunately refused to change with it. Until the mid 90s came along, If I was an owner there was no way for me to reach buyers without a broker actively researching my property and prospective buyers- really doing their homework. A 6% commission made sense. Now, if I want to sell an apartment and I can stage it nicely myself the only real value a broker really adds is having an office that buyers walk into when they want to buy a property, and the ability to show it when I'm not there. So let's say it took me 2 to 3 months for the right buyer to come along and buy my apartment for $500K, and it's my only large asset. I depend on clearing as much as I can so I can afford my next home. I have to kiss away $30K at closing for what amounted to a week's work on the broker's part when you combine the hours. I could have bought a new car in cash for that. I know, I know- brokers do more than just show the apartment and collect the check at closing. To be clear, I'm not bashing brokers here. I just have a big problem with the industry they work in because the compensation models are antiquated, and ultimately hurt overall market liquidity- which is bad for buyers and sellers. The broker's role needs to change to offer different types of services to their clients, at different cost tiers.
Noah, I hope the upcoming business model for your new service will be an innovation in the right direction!
Posted by Michael
Tue Apr 27th, 2010 10:08 AM
Great conversation, Noah.
There are bad apples on both sides of the equation and sometimes we get bit. I've fired clients/customers that have not conducted themselves with integrity and been fired by some when I would not do their dirty work.
I'm no angel, but I can sleep at night.
Posted by Eric
Tue Apr 27th, 2010 09:11 PM
While I appreciate the insight that some people are just jerks, I honestly don't have that much sympathy for stories of brokers that get mistreated by clients. That dynamic is true in EVERY service oriented business. Serving clients means you are going to have to deal with some real aholes, and decide whether to suck it up or drop them and move on. I am in a client service business as well, and i have to deal with the occasional abuse as well. You could always be a trash collector, an engineer, a writer, or a whole host of other professions that have minimal interactions with your customer. However you've chosen your profession.
What i think is special about the real estate profession in NYC, is that while in most industries abuse is a one way street (from the client to the provider), the amount of deception and bs from brokers is higher than in most professions. Im sorry to say it, it is just been my experience.
Posted by Eric
Tue Apr 27th, 2010 09:11 PM
While I appreciate the insight that some people are just jerks, I honestly don't have that much sympathy for stories of brokers that get mistreated by clients. That dynamic is true in EVERY service oriented business. Serving clients means you are going to have to deal with some real aholes, and decide whether to suck it up or drop them and move on. I am in a client service business as well, and i have to deal with the occasional abuse as well. You could always be a trash collector, an engineer, a writer, or a whole host of other professions that have minimal interactions with your customer. However you've chosen your profession.
What i think is special about the real estate profession in NYC, is that while in most industries abuse is a one way street (from the client to the provider), the amount of deception and bs from brokers is higher than in most professions. Im sorry to say it, it is just been my experience.
Posted by Eric
Tue Apr 27th, 2010 09:13 PM
While I appreciate the insight that some people are just jerks, I honestly don't have that much sympathy for stories of brokers that get mistreated by clients. That dynamic is true in EVERY service oriented business. Serving clients means you are going to have to deal with some real aholes, and decide whether to suck it up or drop them and move on. I am in a client service business as well, and i have to deal with the occasional abuse as well. You could always be a trash collector, an engineer, a writer, or a whole host of other professions that have minimal interactions with your customer. However you've chosen your profession.
What i think is special about the real estate profession in NYC, is that while in most industries abuse is a one way street (from the client to the provider), the amount of deception and bs from brokers is higher than in most professions. Im sorry to say it, it is just been my experience.
Posted by Noah
Tue Apr 27th, 2010 10:38 PM
dont be sorry Eric, many share your opinion on the topic. What is most true is this statement: "However you've chosen your profession. "
Yes, we have. This was the brokers choice and the stuff described is simply, part of the biz. As I said before, Every client has the right to NOT purchase, or NOT rent, or NOT sell...its the shady stuff and disrespectful stuff whose real story is seldom told.
I think the level of deception + bs from brokers, may feed off each other. That is, I wonder if brokers dole out more of the stuff, because of the bad experiences they had with so many renters, buyers or sellers?
Posted by North Bay Village Homes
Wed Apr 28th, 2010 06:12 AM
Thanks for the great post. I'll be more than happy to answer any questions or feedback your readers might have
Posted by john
Wed Apr 28th, 2010 02:35 PM
Shady brokers do not become so because of clients.
They are not real prfessionals to begin with: what is the selection: IQ? (LOL),ethics? (hold me)...
they just pretend, like stockbrockers. but there is nothing (except a small minority), nothing underneath.
most everybody knows that, hence the reputation.
You did choose that profession, probably because you know that the doors of the real professions are closed for you.
So stop complaining.
Posted by Noah
Wed Apr 28th, 2010 07:22 PM
on that note John...
I love my work hours, I love the control I have over my business, the direction my business is taking, choosing the clients I want to work with, taking time off and spontaneous vacations when I want to, and the revenue I can generate in real estate transactions in Manhattan. I chose my profession. And I love it.
Posted by Mike
Thu Apr 29th, 2010 12:41 AM
It's upsetting to hear how brokers are being treated. Hopefully the benefits of the job far outweigh the negatives.
While, it's not entirely uncommon to uncover shady brokers, I think most people truly want to help their clients.
Posted by coach handbags
Thu Aug 12th, 2010 10:10 PM
Not sure the client really cares..again, the general reputation might be the foundation for this. The thinking goes, 'well brokers suck and are liars, and are overpaid so who cares if I waste their time or disrespect them'...but not all brokers are liars, or disrespectful. Some of us work our a$$es off for clients to provide a valuable service that they ask of us.
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