If the agent had a Buyer Agency Agreement, he/she would not be asking that question... I don't feel you have any responsibility to reveal any names at this time and the agent should keep track of  "his" buyers.

Sounds like her 'customers' flew the coop - both of them! 

It's absolutely NOT okay to share the buyer's name but, if the buyer's name is NOT one of the two she asked about, I would welcome the opportunity to put her mind at ease. Otherwise, if it was one of her buyers, I would simply say, "I'm so sorry but, as you know, I can't share that with you."

I'm sorry... but that's confidential until closing.

I've had this happen.  When the agent called to ask, they offered up the name and asked if it was this person.  I didn't answer.

Unfortunately Some buyers do jump ship. Your information is confidential

So who procured the cause?   I can see this a legality. He may find out from the buyers themselves.

You can find out when it is recorded 

None of the agent's business, that is confidential information.

Is this agent a party to the transaction that has been agreed?  No.   My first reaction is that it's confidential at this point.  Too many things can and do happen...

Clearly confidential.  

2nd point...
jumping ship does occasionally happen, even set up by unscrupulous agents.

Unfortunately buyer agency does NOT ensure anything. Buyers ignore these agreements as non enforceable, or get talked into believing that.

No that won't happen. Obviously the agent is concerned about procuring cause.  Take it up with his/her broker and go from there at close of escrow.

I'd respond with: "You can check with the County Recorder right after the closing on 00/00/0000". And I have done exactly that several times Kathleen Daniels 

I would not reveal any names, would consult with my broker and if a procuring cause situation was in play then may get the buyers agent in the loop and let the other agents negotiate something after closing.

First impulse is no comment or cooperation. Second, we talk some more. Third if any, we clarify what is going on and why and fourth make the request in writing, fifth, consult with clients and buyers before answering or doing anything. 

I'm sorry that's confidential. But it sounds like the agent suspects the buyers wrote the offer with another agent. Perhaps an email back to the agent and the broker?

I wouldn't disclose this until the property closes - at which time it becomes a matter of public record.

I don't like the sound of this. It is a bit like someone doing a procuring cause.

1. That's confidential information. 2. You need to close this for your sellers and not get involved in a situation that could potentially go wrong because two agents are arguing over procuring cause. Let them take it up after the fact.

I would first say "are you kidding?".  Then I would give them the buyers agent's name and ask that they call that agent.

"Were they under contract to you?" "I don't share that information" 

I ask the situation & then if I find it is warranted, I have HER/HIM tell me the name & then go yes or no.

How well do you know the other agent?  Do you have a record of a showing evolving this agent?  I would probable reply honestly.

All information will be available upon the recording of the deed.

Sorry, confidential until after closing. Then you can check the County records for the recording of the transaction to determine the new owner.

NOYB. Seriously? No way would I answer that. I would tell the other agent that it is confidential. I'm sure this other agent has some wayward buyers and didn't have a buyer/broker agreement signed. But NOT YOUR PROBLEM!!

While I would not answer because I would not want the drama, I am not convinced that answering that is "confidential" as your client is not the buyer.

I could be wrong...show me.

Eve

"This will be available information AFTER closing which is anticipated within 90 days."

There is no buyer loyalty. EBA are tools to entrap buyers and limit their choices when they realize they've been tricked. It appears the "VALUE' this agent offers is insufficient to meet the buyer expectations. There are MUCH BETTER ways to create loyalty than EBA entrapment.

LOs should read this very carefully.

Sent from the Dodgeball Penalty Box

as listing agents, we are not involved in the buyer agent's battle.... but that agent had better not interfere with the transaction if he/she wants to maintain a license....

we put the buying side in escrow if two offices request it.... the bottom line of their battle is how we direct the commission....if it goes to court, and we get sued for that commission, we turn it over to the clerk of courts... not our battle.

Never happened to me and I would refer question to my broker. Giving that information is a violation of our firm privacy policy without permission in writing from client and if buyers are not our client I doubt we would be getting said permission in writing.

Kathleen,

The issue being do they have a procuring cause case.

# 1 I would tell the seller about the inquiry and get any input they might have.

# 2 I would ask the buyers’ agent to ask their client if they had any conversations or dealings with the agent in question. I would tell them why I’m asking.

# 3 I would ask the agent who is asking who the buyer is to produce a copy of their buyers’ representation agreement for the consumer they think may have gone around them.

Depending on the outcome there are several ways to go:

# A It’s a non-issue that can be quickly resolved.

# B It’s a broker to broker conversation.

# C If it looks like the buyer is not at fault, the burden of proof falls to the complaining agent/broker.

# D If it looks like the buyer may be at fault, I would encourage their agent and broker to suggest the buyer retain an attorney.

I’ve had this happen IRL and find that either:

The buyer isn’t who the complaining agent thinks it is, case closed.

Or, the agent may have shown the buyer some houses, but not the one in question, but didn’t have a written buyer’s representation agreement.

I’ve always had these get resolved quickly.

I believe you are not permitted to reveal this information until after the sale. If the agent wants to know if the buyer is their client, they should call their client.

That is not your responsibility to provide that information. It's confidential information. She needs to call the people who might have jumped ship. Or she can wait till the property closes and check on tax records. If she can prove that a buyer agency agreement was violated she can take action then.

My favorite answer is that's a taco, burrito conversation......nachos!

I would think this information is confidential.  The agent can definitely see who purchased the home from tax record once it is closed and funded and updated in the system.  

Kathleen,

It is confidential. A

I would not disclose confidential information. 

I do not give it out.

Even without the confidentiality form being part of the RPA, I treat all offers as confidential.  If the agent isn't a part of the transaction, I don't disclose the details of the offer, even if they're part of the same "team."  They would need the additional agent addendum for me to speak with them.

"No one you mentioned is known to me." or "I would be happy to provide you with the names of the buyers when the transaction closes. It will be public record, after all. Until then, I do not see a reason that I should provide that information about the parties to a transaction in which you are not a party."

If that agent has a problem, Kathleen Daniels, they will just have to wait. 

I cooperate on that request.

I have empathy for the agent wanting to find out if the buyer they have been showing homes to wrote an offer on it with another agent but as the listing agent we can take no action that is (or could be) detrimental to our seller. The buyer's identiy is confidential to anyone outside of the transaction. We could ask the inquiring agent who they showed the home to and tell them that I will have to check with the seller.  If it's not the same buyer I would recommend to the seller that it's OK to let them know and put the inquiring buyer's agents mind at ease. If it is the same buyer discuss the scene with the seller (explaining that telling the inquiring agent could muddy the waters and I recommend not telling them as there's no benefit for the seller - only potential complications).  Then call the inquiring agent back tell them seller's answer.

Kathleen ~ That is not a responsibility of your representation to the client the seller.  If that agent was ghosted by the buyer, they can go after the commission once it is settled if they have a procuring cause case.  This is not the responsibility of the listing agent.

I would ask the name of their buyer to see if it is the same.  Then proceed with the transaction since I have an agency and fiduciary duty either way.