It is our fiduciary duty to NOT divulge personal information about our clients without permission. WE protect and promote our clients' interests while treating all parties honestly. There are just some personal things that a client does not want the public to know or feels it's none of their business.
Their life, their reasons for selling, their family life are all personal and it is not up to a Realtor® to give out that information unless the seller gives specific instructions to do so. We protect their interests.
When a client does ask that I divulge why they're moving/selling then I make sure to get it in writing and go as far as to include it in the special terms of the listing agreement. The seller signs off on the agreement and it is a specific part of the listing agreement.
The same goes for blogging, websites and other online advertising. Over the years I have read so many blogs and websites and wondered if they got written permission for all those testimonials, videos and pictures of their clients. I've written many myself and I DO HAVE WRITTEN PERMISSION to do so.
I also have a book of testimonials, cards, magazines, newspaper clippings (in plastic sheets) and keep adding to it as time goes on. (I really need to get on the ball and scan them all into a folder) More importantly, I have a permission form/testimonial for clients to sign should they agree to my using their testimonial, videos and pictures on websites, blogs and basically for advertising and marketing.
On the front page of my website, www.hawaiihomesmarket.com, I have two client testimonials and videos and specifically use them (with permission) for advertising. Everything on my website and blogs I wrote myself and all pictures and videos in my picture gallery are pictures I took myself.
Be original, be mindful and protect everyone's interest.
It's in everyone's best interest to get permission in writing to use anything that is NOT YOURS.
Sally thank you for the reminder. I am mindful not to divulge personal information and have no photos of my clients. I like your idea of getting permission in writing though, I have verbal approval for testimonials, but not written.
Sally- smart advice and a good rule to follow.I always ask but I know I have not always gotten permission in writing too.
Jeff
Sally,
Great point & post. We owe it to our clients to have their permission!
All the best, Michelle
Mary: It's a good thing....believe me.
Jeff: I ask and get written right after :)
Michelle: We owe it to them and ourselves :)
Not doing this can end you in ou know where. When that happens you do remember that you should have done it that way.
In a world run by attorneys and backroom judges, it's hard to know what's legal and what's not.
Robert: Yup
Alix: Not hard for me to know what's right from wrong.
Great reminder Sally. Our Agency sends out an evaluation survey to sellers and buyers where they give us permission to use their comments and letters of recommendation. I'm not much for selling myself, but others comments I will share - only if they say it and say I can use them. Really like your book, though I have a folder and pull them out every once in a while when I need a little "reminder session" of my own.
Sally,
I have some clients who had met with the listing broker of a property they were interested in. He told them all about his client's past history trying to sell the house, what he thought it was "really" worth, and all about all the other clients in the neighborhood. Divorces, financial information, Too much information!!! Very unethical in my book.
Dot all the i's and cross all the t's. I am in a mess right now having learned that lesson.
Sally we have to be OH so careful with our clients information, it is a quick way to get in trouble if we are not careful.
Aloha Sally,
Good stuff, having authorization can make all the difference in the world.
Great example of bring thorough. Thanks for the reminder that this is important. I'm sure it's very appreciated by all you serve.
Sally - Very good advice. For advertising, we are required to obtain permission pursuant to privacy legislation.
And Sally, this is EXACTLY why I DO NOT PROVIDE LISTING AGENTS WITH "FEEDBACK" -- it's my buyer clients out touring properties. What they say to me is priviledged and confidential. I don't have their permission to discuss what they liked/didn't like about a listing! I WISH listing agents would stop calling me. My son said, when they call you wanting "feedback" tell them to put a microphone next to their stereo!
Sally:
Great information and advice. Congratulations on your featured post. You deserve it.
Great points that are often overlooked. Great post! Thank you.
Sally this is a great reminder. Disclosing why the seller is selling can certainly stigmatize the seller from getting the best price possible.
Funny that you are talking about that! I have practiced real estate in NY before moving to HI . In NY, we were very well made aware of the potential for lawsuits & my Broker was extremely adamant about keeping privilege information private. Having worked as a realtor in Hawaii for almost 4 years, I am sometimes shocked at what some agents reveal about the circumstances of the sale, without even me asking!!!
I am glad that you keep your clients information private, and that you get their written permission before making anything public. Kudos to you Celeste!
GOOD MORNING SALLY! You bet - when I've blogged or put client notes on my website - it is all done with written permission. PS - I kinda like the binder - it's a nice way to enjoy some positive affirmations! -- Gabrielle
Good point, Sally. I'll have to remember to get things in writing when asking permission to share stories about my real estate experiences with others...because, after all, I'm not the only person involved in those experiences. As far as divulginga client's confidential information, I know that it is off limits, and I do not share with anyone.
Isn't this the number one reason folks hire us. To help them and to keep it to ourselves.
Tony
Thanks for the reminder. There have been times when I have used testimonials without permission thinking that since the letter was written and given to me I had permission to use it on the internet. By going back and asking for permission is also another good way to have contact with past clients and let them know what you are doing..some may even want to contribute more!
Sally,
Clearly something we all need to think about! I'm fortunate that our standard contract has a paragraph granting permission to "go public" with the terms of the deal after closing. Have only had 1 instance where the parties struck that.
Excellent post - great reminders. We are licensed and insured professionals. We have mandatory continuing education requirements just like other professionals. Can you imagine your attorney chatting about a client's personal information? Not likely. We are hired to work in our clients' best interests. We should stick to talking about the house, not the situation. In the event, someone asks why they are selling, I say they are making a change, relocating or trading up, depending on what the client has advised.
I have testimonials sent to me using email, that way I have a copy. Great points you make.
Getting written permission is not too difficult to do, but if you don't can really come back to haunt you if the person see's it one day and getsupset.
When I was taking a Sacramento short sale listing a while back, the seller expressed concerns. The seller had friends in the neighborhood and wanted assurance that none of her personal information would be divulged. After explaining fiduciary relationships and all that they entail, the seller was relieved. However, I can't count the times I've called listing agents to inquire about their listings and they shared the seller's entire personal history with me. Like you, I wondered if they had written permission to do that.
Good post today. I think "less is more" the less I say about ther personal issues of my sellers/buyers is better. I never like when people ask me about "personal things" and I'm never comfortable discussing things. "I really don't know!" Is my answer.
Patricia/Seacoast NH
Thanks for the reminder. I always as for testimonials via email and ask for permission to use their statements in advertising.
I think getting written permission is probably best; but I can go with verbal, too.
Definitely this is the way to go -- getting permission.
Good post & reminder of the importance of our fiduciary duty re confidentiality. It is shocking what some agents do say "We're listing it at this price, but they would take $_____ price" "the sellers really need to sell because they are divorcing; got a job transfer; are about to go into foreclosure..." etc - hard to believe the client has authorized that! My favorite response when asked why the seller is selling is "They're moving".
Maybe agents should avoid learning clients' personal information. Then you can't divulge it.
How is it in your client's best interest for you to know... client's reason for selling, plans for his next home (location, price, size), how much he owes on the property for sale (until payoff quote needed). As I see it, you need to know, whether there is an urgency to the settlement timing, whether there is enough equity or other assets to close.
You and your client are transacting business. He should not have to protect himself from what you know, but apparently he does.
Agent Aaron: Verbal won't protect you if they decide they really don't want their info told to the world. As always....getting everything in writing protects them...and you.
Sam: Though it is part of our figuciary duty to keep all info confidential I have had sellers and buyers who want the other party to know a bit about them. Bottom line, we get everything in writing not only for protecting our clients but protecting ourselves. As with any other contract and terms, we have everything in writing and signed off on. In my opinion protecting oneself goes both ways.,,apparently.
Sally,
You point out a very important issue.
It's necessary to get permission, and the best time to get it is when your dealing with the people. It's tough to go back later, particularly if they have moved away.
Brian
Very good post Sally! Very important subject matter. Contract Law varies from state to state. Here in New Mexico, everything starts with a written agreement. Once you have a written agreement, you now have fiduciary responsibility towards this client. Real Estate Professionals must always observe this
I had been getting my permissions via emails, but recently I have begun to request them in multiple forms (email, letters, faxed, MS Word docs, etc) because I use them in so many different ways.
Great post. It is very important to never, and I do mean never, post client pictures or personal information without permission. We go so far as to include a confidential permission statement in our Inspection Agreements to make sure when we share inspection information with the Realtor we have written permission..
Sally, I think that a lot of us need a reminder about this one. I'm amazed at the agents here who gossip about their clients. Yikes!
Pat....MANY ... Yikes!
Great advice! I think many ask for permission but too few get it in writing. Thanks for sharing.
Sally - Great advice. A broker once told me to tell other agents when asked that the house no longer meets the sellers needs. Nuf said. Applies to almost every home sale situation.
sound advice - and right on track as always - you are an amazing agent
Good point to think about it and maybe even place yourself in the other peron's shoes.
I always probe to get as much information as I possibly can from a listing broker about the circumstances surrounding the sale of a property and am surprised at the personal details they will divulge. I often wonder if they have permission to do so.
Good morning Sally,
You have excellent points about getting permission! Great advice..thanks for the post!
Sally - A good reminder for us all... I always ask permission but I still never divulge personal info on any of my clients.... I always take a pic at closing and tell them that I may blog about them... Most times they are flattered and want a copy of the pic but of course there are times that they dont want it and I of course don't publish anything personal about them. Can't say I've actually gotten written permissions but I do have emails stating that they loved the blog as I have forwarded them the post...
I hate it when buyers ask personal questions about the seller, and I always reply that it's really not relevant. I had one buyer who wanted me to ask what a seller's husband DIED from -- natural causes or what? I replied it did not matter to the transaction, but it really seriously did matter to him. I refused to find out for him and he was not happy.
Simply get it in writing... every time before you divulge or publish information about your clients. You won't need it the vast majority of times, but it will save you a major headache that 1 time when it becomes an issue.
Get in it writing! Always! Treat their information like its your own!
~ Derek
One has to remember that we're marketing properties not people. By law, we're suppose to disclose any and all issues concerning the property, not the owners. Why are they selling? Cause thier needs have changed--end of discussion. As far as not giving the lisitng agent feedback, I couldn't disagree more. I ask so I can perhaps better market the property. Make suggestions, maybe resolve some buyers concerns. It has nothing to do with breaking your fiduciary with your buyer client. We're suppose to bring buyers and seller together not pro verses con.
Sally - great point and something that I believe most agents do not think about -
Thanks all for stopping by with your feedback and input...
Ross: I feel that as long as I have permission to give that feedback I will. Otherwise, I've seen it bite back to other agents. In one case, the buyer found out the agent said they thought the property was this that and the other. ....but they decided in the end that they wanted to put an offer. It was not accepted by the seller.
Sally,
Great Post! I always get a written form signed from my sellers titled additional disclosure. This form is completed by the seller and it lists things that they like the most about their home, recent updates, and why they are selling. The seller has to sign and I have a discliamer that this can be shared with potential buyers. It covers all of the basic questions that buyers ask and I have permisison to share this informaiton from day one.
One additional thing that I am doing is explaining to home sellers that we receive overwhelming responses from people wanting to rent listed homes. I get a clear message from the seller in advance that I can pass on to the potential renter, because it may be in my clients' best interest to rent their home now and sell later.
Well put and great information.
Great reminder, Sally. Thanks.
The biggest thing when selling RE in FL is everything needs to be in writing!