Been watching a conversation elsewhere on the web about whether or not to put buyers in your car... as opposed to driving separately. While some of the comments are ridiculously snotty ("They can drive themselves!" or "Let THEM use their own gas!"), the most sincere objection seems to be that putting another warm body in your car creates liability for you.
We hear similar objections all the time to doing things that serve our clients. DON'T attend inspections! DON'T recommend mortgage brokers! Don't give any advice that might be construed as legal! Don't put buyers in your car! Blah blah blah.
Basically, in order to CYA to the best of your ability, you should, as one instructor put it - "stand outside and smoke" during most phases of a real estate transaction. To avoid liability, y'know.
Well, shoot, I don't buy it. My buyers and sellers pay me darn good money to be intimately involved with every facet of their real estate transaction. And I show up. Yes, to inspections. I get on the roof and join the party in the crawlspace. If I don't know three good inspectors, I recommend only the one or two I like. I write my own addendums that probably border on practicing law. And yes, I put buyers in my car.*
It's my job. And in my 13 years of doing my job, I can honestly say I've been richly rewarded for doing my job and only threatened legally once. By doing my job, I serve my clients, which not only leads to happy clients, but more paychecks for ME ‘cause my deals close!
I know what I'm doing. And I shall do it. Even if I risk being sued. This is a liability-ridden business. If you cain't take that heat... go find another kitchen to play in.
*Here's my opinion on putting buyers in my car:
In 13 years, I can count on one hand (okay, maybe two) the number of times I've ridden separately from my buyers. I usually drive, but if my buyer has a car-seat issue, I'll ride with them. The only times I've had a buyer follow me is if we're meeting at the house and only looking at a few others - then it just seems to make sense.
The time spent driving between houses is great bonding, rapport-building and information-gathering time. I can't imagine not having that time with my buyers as we're getting to know each other and figuring out what they want in a house. It also gives me the opportunity to demonstrate my expertise in the area and for them to ask questions which, assuming I can answer (!), builds my credibility.
I've shopped for houses in other markets and the agents always drove. I'm trying to imagine them leaving me in my rental car to follow them in an unfamiliar town... and I'm pretty sure I would think they were rude, antisocial, lazy or ashamed of their car. I certainly wouldn't think MORE of them if they made me drive myself.
That said, if I didn't feel safe with someone, I probably wouldn't want them in my car, but neither would I be working with them.
** Nothing written here should be construed as legal advice <grin>
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Like you, I feel nothing is more important than to create the bond. If I continue to worry about liabilities here and there, how about not doing real estate together?
I think if you build a strong relationship with anyone, not only your clients, they know your heart. Liability of getting sued in an accident - Perhaps, but we wont achieve what we are out to do if we continue to worry about this or that.
Feed back, getting to know what the buyer's old home was like that they just sold four states away, gather information on what they want, don't want and learning one of the mother in laws is needing a first floor bedroom, etc all helps know what other homes to show them. How do you learn this unless you are driving to the property talking, but more listening and asking questions to form an image in your head of what your job as a property locator is. It's less and less being a super convincing sales person. It's more finding the right property they can afford whether a home, land, business or recreational property...and then the property sells itself. It fits. Human connection and knowing the real estate mission comes from spending time with the client, customer, real estate buyer or seller.
Hi Jennifer,
I'm with you..this tendency to step out of most of the transaction over liabiity issues is absurd! We carry E&O coverage and my car has more than enough coverage. I I think once I had a buyer follow me to one house so we could leave their care there to go see the others. If they are out of town I always pick them up at where they are staying and if local usually meet at my office if we are looking at several or at the house they want to see. The time spent in the car is always bonding time and discussing the area, schools their family, their goals, their impressions of the community & home etc. etc. This is the investigative part of the process!!
J.A. this is a great topic. I agree, it seems like some are soooo worried about getting sued, you can't do anything! I've even heard people say be careful giving feedback when your a buyers agent, because you could get sued!
While I don't have a problem putting people in my car, it seems like it usually works the other way with them just following me, it completely depends on the buyers and the circumstances though.
I just keep doing my job also, which leads to happy clients!
Great post!
EDIT: I've even heard some worried about getting sued from blogging or commenting!
You are on the money. I drive with them and the boinding is important to the deal. I also make recommendations for folks. I give choices but I am recommending based on superior service so why should I worry. I should only worry if I am recomending folks that give me some type of gain
Shucks, I'm the most risk averse real estate person around. However, I have insurance.
I don't play wagon train. I want folks in my car. I want to engage them, know what's in their minds, understand the nuances of what they think of the market and the homes we're seeing.
All that said, I DO NOT talk on my cell when driving. As I said, I'm risk averse.
I can honestly say that if a buyer insists on following me to homes to tour, I will politely advise them that they're going to have to get another agent.
I don't play wagon train.
I go to home inspections, radon inspectiosn, termite inspections, presentations when possible, and settlement too.
That's my job.
Establishing a relationship is very important in this business and sometimes it has to take place driving from one showing to another.
Jennifer, I'm not standing outside and smoking! I do take clients in my car. If they ask to follow me, I don't tell them no because I know we will all end up back at the office for the confab on the big picture with the notes all of us have taken during the tour. I show up for inspections too.
The jury is out, I have been in the business many many moons, and I have driven more buyers around than I care to recall, and I have found that when ask if the client wants to join me or I join them in their vehicle, I find that most like to travel in their own car.
JA - Agreed ! If one is so phobic of lawsuits and they do not do much to help a client in their transaction, I would argue there is more of a case for an agent "not doing anything" of being sued. Like you, Stephanie and I are advocates for our clients and are involved in every step of the process. We believe that is what makes us stand out from our competitors. Also like you, with all of the deals that we have done, there has only been talk of a couple legal issues, most of which was between buyer and seller. ~ Chris
Congratulations on the feature. I knew it would make it (wink, wink).
Thank You! Over and over the liability issue is used to suggest that we shouldn't ever say or do anything that could possibly lead to the potential that someone could sue us. I'm pretty sure that if we avoid doing everything that could lead to a legal problem we won't be doing anything at all for our clients - which leads to the question, "What good is working with a real estate agent?" The fact is, in order to be useful we need to give our opinion, be involved, and drive our clients in our car and if you aren't willing to then like Jennifer said, this isn't the business for you.
Interesting discussion, but unfortunately one that must be discussed with the litigious society we live in today. I'm sorry but I've worked too hard for what I've got, and I'll be darned if anybody is going to try and take one nickel from me by one fell swoop of a phone call to the nearest ambulance chaser. Not gonna happen. Having said that, the business is what it is, and what is described above is part of the job, so protect yourself accordingly.
I have never understood "professionals" who spend more time deciding what they WON'T do for their clients than actually doing anything for their clients. Either we're here to help bring a buyer and a seller together and close a deal that makes sense for all parties concerned, or we're just very good at unlocking and locking doors. Just my two cents....
Tanya in Montreal
Jennifer:
I do not understand how agents, particularly those calling themselves buyer agents, can constantly worry about distancing themselves from their clients worrying about liability. I am totally with you on this. Not attend a home inspection? Not refer a good banker? Attorney? Home inspector? That's what they hired you for.
I actually had an instructor in a buyer broker seminar keep referring to getting the "rock out of your pocket" by not getting involved in referring professionals. I don't think someone hires a buyer broker so they can be handed a list of home inspectors and make the decision for themselves. How do they know? We need to do our jobs and provide the help that we were hired to give.
First, I"m an Alabama broker and I've taken that class! Brokers love that advice, because some good Realtors, not ALL Realtors say and do stuff they shouldn't at an inspection. Usually because they are being too helpful beyond the area of their expertise. That being said, I attend a lot of inpsections. I'm totally not liability phobic, but I am careful not to imply I am an expert in areas that I am not.
Second, on the put them in your car thing. If I'm with a one buyer then many times we ride together. And sometimes I do put the out-of-towners in my car. But usually if I'm with two or more buyers, that need to be able to make a decision, then I have have them follow me. Especially if they are local buyers. I explain to them that I want them to have the ability to talk privately between houses. I'm a top producer and I have never had a problem with working this way. It has nothing to do with liability. I just want them to be able to have the privacy to make a decision. Also it gives me the ability to return a few phone calls. I don't answer my phone to other people while with a buyer.
Hi Jennifer -- I agree with most of what you said. I would never climb a roof as I don't see the point in it. If I can't figure something out from the ground (perhaps with the aid of binoculars), then that's what a roofer is for. One does run the risk of providing advice outside of their area of specialty when it comes to things. That is not to minimize, quite the contrary, for having a keen set of eyes and pointing out "potential" areas of concern. I have seen agent-written addendums get an agent into legal trouble and financial penalties many times. Seeking legal counsel or broker advice on how it should be handled is a simple solution to spread the risk and not be a lone ranger. That said, you are right that clients expect us to be intimately involved and I am very hands on.
Jennifer, I agree with you. It is part of our job. There may be times when we can't or thing we shouldn't for one reason or another and then I think we follow our best judgement. Sometimes they want to be on their own as well or it may be more comfortable that way. I never put anyone in my car that I am unsure of though. Great post!
Jennifer,
What you do when they ask you not to smoke in your own car ?
Zijuzijazijana
I know this was asked of Jennifer - but I would not smoke in my car if my buyers objected or asked me not to. Smoking is a disgusting and rude habit that infringes on others - my parents chain smoked for years and I was force to breathe that crap in every time we went in the car; in the summer I couldn't have a window open because of the AC, in the winter I couldn't have it open because of the heat. I would never object if my buyer did not want me to smoke in my own car.
My main reason for having buyers follow me is becuase of the distances our listings are from our office - it is a very spread out area and it's often much more desirable for the buyers to leave the last listing and go right home rather than possibly travel an additional 45 minutes to get their car. Additionally, their car time is their private time to talk with each other - I engage them in discussion at the properties, in emails/phone calls prior to and after the showings, and also at the first meeting in the office.
Additionally, I am extremely uncomfortable with certain stragers - nothing about them but about me. Just like some people do not like to door knock or cold call, I generally do not like strangers in that close of a proximity to me- at least not until after we get to know each other better. It makes me really nervous to have people I do not know in my car. If they prefer to ride with me, that of course is their choice - but more often than not they also prefer having their own car.
I agree Jennifer and great post! :):):) It's a no-brainer.
It is part of our job to take the buyers to show houses. I am sick of this world so afraid of the Liability-we have insurance to cover this. It is all about service!
Yes you do need to establish a relationship w/ your clients and it will unfold as it should.
Patricia/Seacoast NH
Hi Jennifer,
I'm kind of with Karen on this one. First of all, the territory that I generally cover in one day can be extensive and it can be a long ride back to where the client left his/her car. Although geograhically, the area isn't that big, its an area with a lot of heavy traffic and traffic jams. But most client's search criteria requires that we cover at least two towns or villages. I must know every Starbucks and coffee shop in the area because I always make sure we have a break and a time to talk and get to know each other. The other issue is quite frankly - safety. Until I get to know the client, I would prefer not to have them in my car. Now, there are exceptions. I get a lot of people from Manhattan who don't have cars. I pick them up at the station and drive them.
Well, I have to admit that in our market sometimes it is just not practical to pick-up our local clients after work to go see the rare listing that comes up that might be of interest to them and is likely going to sell before dinner. HOWEVER I completely agree with the intent of everything you say here Jennifer. Certainly, my out-of-town buyers are always in my car, and even local buyers the first time out when we are going to see 7 or 8 homes in one shot, are often in my car. But I spend a lot of time communicating with my local buyers outside of showing-times so if they prefer to meet me at a property at lunch or after work I am not really losing anything - these are clients I already have a solid relationship with.
I am so sick of our CYA culture - not just in Real Estate but generally. CERTAINLY in Real Estate where we are handsomely rewarded, the extreme aversion to risk leaves a bad taste in my mouth. Great, thoughtful topic and I'm with you 100%.
Jennifer....I agree with all of your comments.....when I use to show property, I always put them in my car....if they told me they wanted to drive separately, I cut the lace off their panties and sent them on their way to another agent...I always carry the maximum auto insurance and we have E&O also.
Hi Jennifer...I have to admit I do both, I leave it up to my Client, some just preferto take their own car, I do prefer talking them in my car, then I know we'll be on time and most importantly discuss the properties we've seen or about to see. If they are in from out of town, they should come with you, so Ican make it easy for them to find their way around town and point out features in a neighborhood, schools, shopping, answer their questions, Etc.
As for Building inspectors I give my Buyers a List of Building inspectors I know are no nonsense inspectors and give my clients a through inspection, yes I show up, and observe and learn about the condition of the home. Heck my Buyers may ask me what I think of the home.
Congratulations on your Feature, great post :O))
Hi Jennifer,
I agree 100%. I avoid the "follow the leader" car train at all cost. The time in the car is absolutely the most valuable time of getting to really know your clients and what they think. I also enjoy going to lunch with them. You can really learn a lot about them and what their priorities really are. I feel its our responsibility to get to know our clients and take the time to get to know them. My clients have always been so appreciative of me driving them around. It allows them to look around and really see the neighborhoods. I have often had them tell me, "Thank you for taking us around in your car, it made it so much easier and we really enjoyed getting to know you." Great post!
The argument "let them use their own gas" cracks me up. You're already driving there, so you're still using the gas! *eye roll*
I find the drive time invaluable in getting to know my clients. Often, it's during the drive time that I get to hear thoughts on the house - what they like, don't like, etc. It also give me the opportunity to correct any misperceptions about the house or area that they are looking at - "it's not as far out as you think, we took the back road in - the highway is just 1 mile that way ---> "
With my most recent client, it was during the drive back to his hotel that I was able to come up with some alternatives to his home search (something I never would have known and been able to do if we hadn't been chatting on the drive back).
Jennifer, GREAT points about liability. I still think that having excellent attorneys to work with make our lives easier in every way possible. I make sure to always refer my circle of professionals for inspections, mortgages, etc. I can't imagine doing business any other way, honestly.
My closest attorneys that I refer business to on a regular basis have helped me too many times to possibly count. I can't put a price on the amount of pro bono (freebie) work they've done for me over the years, real estate related, for my clients, just making sure that every deal goes right with no complications.
Scott Miller, Realty Associates, Boca Raton, FL
Jennifer,
The time spent in the car together between houses is a great time to get to know my buyers, especially the first time or two out looking - I've always used my car, but the car seat issue sometimes comes up. Lots of times they buyers have asked me to drive their car (is that another area of liability concern?)
I even had an agent recently tell me she would not blog for fear of future law suits!
If my customer is a single male (sorry guys) whom I don't know well, I will not have them in my car, nor will I ride with them. If there are children along even if a car seat is not required, I will have them drive separately. Often times, I have other showings with different buyers right after so I will take my own car in that situation also. I do not like to ride with clients/customers in their car if I don't have to. In part because they often smoke in their own cars, talk on the cell phone, I don't know if they have been drinking or using drugs, nor do I know their driving skills or record or whether or not they are even licensed to drive. I don't know about other parts of the country, but I know here, there are MANY who think nothing of driving after revocation or not having ever had a license. Fortunately, these circumstances are rare and I do like to have my buyers with me for many of the reasons stated above.
Here's a wake up call for anyone who thinks they can duck the law suit summons as a REALTOR...The one and only time I was sued it was due to the surveyor (who was hired by the buyer agent) making a ten foot error on the survey, which as the listing agent, I was never privy to see! So hide in fear, but they will find you...they always follow the money...agents and brokers!!! Everyone gets invited to the birthday party! You might fear your co-broke more than anything, because their incompetence might just make it so that you get invited!!!
Jennifer - I always strongly prefer to ride with my clients in the car - it gives us more time to talk and develop rapport. I agree wholeheartedly with the thesis of your post - this business isn't for the queasy. I have always said that most of the basic real estate licensing classes should be called "How to Avoid Being Sued" since that seems to be the focus. I will admit that I don't crawl up on the roof or into crawl spaces. :)
Jennifer,
As far as the liability is concerned I'll give you a quote from an old friend "Thats what insurance is for." Make sure you are insured properly and consider putting your business in a corporation or LLC after speaking with counsel or estate planner. It is not going to guarantee you 100% against liability but it will take some of the heat off.
When I was an investor riding with other investors (I still am but I am also a realtor now) I used to prefer to drive separately so I could discuss each property in private. Perhaps some owner occupied home buyers prefer to do the same while riding between properties and do not want the realtor to hear the discussion.
I'm ok with whatever the client wants. it depends on the situation and you should always be prepared to do it either way.
I have decided that speakers at conventions need these scare stories to spice up their speech and get invited back another time. Lawsuits that have happened are rare, I would think, and by no means the rule.
Sarah in Nashville
Jennifer, You are so right! I learn so much more about my buyers on the way to show them a house. The extra insurance I have on my vehicle is very inexpensive and worth every penny.
Jennifer,
It's very difficult for a busy and active agent not to be "involved and engaged".
There are liability issues involved in every aspect of life. You need to know where the line is.
But, those who are far too cautious are much more likely to be sued for neglect, negligence, the lack of due care and diligence in a transaction, than the agent who will put herself or himself out there.
Brian
Jennifer,
Here in Texas, you have to add your company on your car insurance. And if your clients are at an inspection, you have to be there too. I prefer going in one car. I don't care if it's theirs or mine.
Hi Jennifer ~ I agree, this profession is definitely not for the liability-phobic. I'm very free with my advice. I don't see the point in telling clients to go and consult with a professional whenever they ask hard questions. For instance, I do know something about financing, so I'll give my two cents worth - And then I'll tell them to go and confirm with a professional. That way they have some kind of base point to refer to as they gather information.
As far as the car thing is concerned, I'm not worried about the liability, but take that on a case by case basis. Some clients have space issues too and I respect that. And these days most of them have GPS - finding their way around is not an issue.
Denise
Great Post!
Jennifer, Wonderful post. thanks for sharing.
Interesting comments. There is a flip side to letting them follow you separately. It allows them to talk privately, which when you are all huddled together they are less likely to do. I prefer to give buyers some space. It has worked very well for me.
Speaking of liability, our Commission in Oklahoma has strict requirements about car insurance, since we are like chauffeurs. If you want to avoid liability with buyers make sure that all passengers are covered since these are being used for business.
Good post and congrats on the feature!
Buyers may ride with me, they may take their own cars...either way works for me. Sometimes, as stated by Karen and Ruthmarie, geography dictates. If our last stop is ten minutes from the client's home/hotel and my office is 45 minutes from it, they take their own car. If they are from out of the area, they may ride with me, or they may choose to use the drive time to discuss their thoughts privately. I'm okay with either scenario...it's the client's choice.
As far as liability goes...we run the risk of being sued for spilling hot coffee on someone in line at Starbucks. We run the risk of being sued if we bump into someone's grocery cart at the store. We run the risk of being sued everytime we set foot out the door. If someone's looking for a reason, they're going to find one.
I'm careful, I'm insured, I have common sense...but $*&% happens. So sue me. ;-)
Jennifer, I always drive my clients, burn my gas, and love every minute of it. This is when we truly get to know each other. It's more informal that sitting in the office or looking at homes.
As for risk, I have an extra insurance rider on my auto, to cover my Real Estate business. Everyone should.
I am fairly new to the business compared to some of you on here, but I just thought that showing up was part of the job. Why would you not want to know what is going on at every point of your transaction?
You've got to be the source for information, contacts, advice. And you've got to put yourself out on a limb now and then to do that. For a perfectly safe job, stash yourself away in a cubicle. But we all chose a different way of life, and a different way of making a living.
Thanks, Jennifer...you said it all, and very well, too. This is a service/relationship sales business, and the building of rapport, going between properties, is essential. Without feedback from the buyer, during these moments, how will we be able to connect them with what they're really looking for?
NOTE FROM JENNIFER: Jennifer is on a road trip and asked me to let you all know she's reading and enjoying the comments - she'll respond later!
Good for you! It sounds as if you know what you are doing, and doing right by your clients. Now, if every agent and broker could be as smart!!!
nice to see so many agents on here who "get it"...
I couldn't agree more! I would never dream of not showing up at each and every inspection. I always give my buyer clients the option of driving with me...sometimes they decline, which is fine but I do offer. I only feel comfortable recommending one or two inspectors and two lenders. And in 14 years I've never been sued (knock on wood).
I am with you on this one!!
Jennifer-
Great post! And it's good to know that so many of us agree with you!
Love the topic Jennifer. Worry takes the fun (and common sense thinking) out of any situation.
Strengthing the relationship between you and your client IS a VERY important thing to do.....
I never want that relationship to be messed up. Talking about the next home in the list you have made together while sitting down in the office can do wonders for your relationship.
Having someone follow you after you have made the wrong turn in a "caravan" is embarassing to say the least....
;-)
YES! I feel like I always thought this but never discussed it. Great write here!
"The man of wisdom is never of two minds; the man of benevolence never worries; the man of courage is never afraid." ---Confucius
I have no problem riding with my clients, however I can count on one hand how many times that actually happened this year. I suppose it was just the way it worked out.
Great blog as well as congrats on the feature...the service aspect is being compromised more and more in our field...do things ethically and you have nothing to worry about...
Guess I'm a creature of habit, 'cause I still do things the way I did 40 years ago before "liability" became such an issue. Service, service, service... if we don't sell that, what do we sell? Houses? I don't buy that.
The only safe way to insure you have no liability exposure is to stay home and stay in bed.
Life is a balance of risk versus reward. Balance the risk against the reward and live with your choices. I drive clients, attend inspection, refer other professionals and qualify my clients carefully. If they are too risky to mess with, I move on. Thanks for the discussion.
OK, I am in the minority. Folks follow me or meet me at the destination unless it is a single person. And it is not at all about liabiltity. I have other reasons but that is just me!
Jennifer,
You are spot-on. There is nothing better for building rapport than driving from location to location (without the radio on) and just having casual conversations with my clients. As I get to know them, I am better able to narrow down the properties that work for them.
I've even twice carried their dogs (small) with me and a client with me when showing properties. The only time I've really had them not want to ride with me is if they had several children with carseats.
Great post!
Jennifer,
I agree with wanting the time to be with the customer. If they have a family full I ask one of them if they will ride with me so we can talk about where we are going.
What business could you possibly be in today that could avoid any liability? I risk getting sued every time I walk my dog down the street. I do the best I can, yet I'm certain that I will get taken to court some day. It's a scary world out there, but the challenge is to not let that impede good business practice, and good, honest, moral behavior.
Very good post, I know that this is on lots of minds!
The only thing we do differently than you is we never write anything in a contract without legal advice. More so because of our company policy. Great post, it's extremely important and fun to ride with clients and get to know them better.
Great post Jennifer. As a home inspector, I was recently told by an agent that their broker did not want the agent to attend any home inspections to avoid liability. I thought that sounded very odd. If I were a Realtor, I would want to be involved in my clients real estate transaction every step of the way.
I see that overwhelmingly, the other Active Rain agents agree with you as do I. While there are times (judgement call) that liability should be avoided, it should be the exception, not the rule.
From a professional home inspectors point of view, I have an Article about Limiting Realtor Liability that might be worth a read. It is about how a home inspection limits some of the agents liability.
Thanks Again for the great post.
David Selman
Selman Home Inspection Company
Red Oak, Texas
I always ask my buyers what they would prefer to do, and act accordingly. I find that out of town buyers generally want to ride with me, and locals want to follow in their car. It doesn't matter a fig to me which they choose. I talk to my clients so often anyway, that any time spent in the car together hardly signifies.
But I am always at home inspections, and at appraisals, if I get a heads up in time to be there. I have been know to crawl up onto roofs and into crawl spaces at home inspections, just so I have an accurate idea of the problems found. Many times my buyers are alreday at home in another state by the time the inspection happens, so I try extra hard to see everything up close and personal, so I can convey it to them accurately.
Hi Jennifer, I ride with the buyer and use the time to explain the neighborhood, local events, pros and cons, etc. That time spent together is very important as so many here have pointed out !
Well said... Agents and their Brokers hear one horror story out of the tens of thousands that take place and get all paranoid.
I think the best way to get to know a buyer is by driving with them. It creates a good bond and it gives your an opportunity to tell them about areas and landmarks as you drive by them. I don't see a whole lot of liability here, although writing your own addendums is a different story that perhaps we can cover in another post.
We can definately spend our days thinking of all the ways we can end up in a pickle. Good food for thought!
Definately see both sides of this debate. We just have to make the best choices we can based on each situation.
Hi, Jennifer. Another great post! Many people come here for the trail riding and decide to look at propert while they're here. They are often with friends so one of my pet peeves is when the buyers show up with the friends and there are four of them in their car, which means that the buyers can't ride with me. I can't point out the things that will get them oriented to the area point out or various properties along the way, and I can't bond with them. I don't know how effective you can be if you can't drive them around.
I'm with Kim...there are liability issues everywhere.
Oooh - couldn't agree with you more! I wouldn't even think of NOT attending a home inspection. My buyers are counting on me to be there every step of the way.
As for driving, I prefer to ride together but sometimes I'm with young families with one or more car seats and it's easier for them to follow. In that case, I always offer to buy coffee, McDonalds or whatever so we have time afterward to compare notes and come up with a game plan moving forward.
Thanks for all the FANTASTIC comments. It warms my heart (as someone mentioned above) that so many of us GET IT. We're here to serve our clients, not just COA's, and yes, that's what we buy insurance for!!!
Couple of follow-ups...
First, while I do think it's a good practice to drive together when looking at houses, I certainly defer to other agents' judgments on the matter. If the buyer prefers otherwise, or the geography makes it impractical, or there are smoking issues, then certainly take two cars. Just don't do it because you're worried about the liability of having another human being or two in your car. I don't put car seats in my car, but I've almost always ridden with the parents in that situation.
I do think it's one of those things where YOUR expectations and preferences get translated and interpreted by the buyer. I always assume we'll ride together and I'll drive.. and that's what happens. If you make a different assumption, that's probably what will happen. If you've always driven separately and don't really have a strong opinion about why... try riding together and see if you don't feel more comfortable with your buyers. It seems to me that driving separately puts a wall between you and the buyers - almost as if you're an adversary.
But the intent of the post wasn't really to debate the pro's and con's of cruising with buyers. Just relax, do your job to the best of your ability, serve your client well... and don't worry so much!!! Remember... what you obsess about... you get more of...
Thanks for the gold star! I'm driving across the country today (in the middle of Illinois right now), so it was fun checking my Blackberry every hour or so to see all the activity. Cooooool!
You are so right! Putting someone in your car allows you to get to know them a bit better, and it IS bonding time.
We are so quick to CYA these days. It makes this business too clinical at times.
Jennifer,
Thanks for addressing a seldom-spoken of subject in our profession. The more and better we do our job, the more exposure we have to risk and liability. The fact is if you don't have the stomach for commission based business to begin with and need that Friday paycheck, you don't belong in real estate. The same goes for liability. If you can't handle exposure to risk, you need to go find a nice cubicle and affix yourself to the teet of a safe company.
Here in litigious New York I have people tell me I'm crazy for putting people in my car. My argument is how the hell can I find parking for 2 cars when it is hard enough for one? It is a jungle over here.
We are foot soldiers, not desk jockeys. We are not civilians.
I'm with you Jennifer. This is not a job for the timid.
I understand how some would be fearful especially where you have lots of money on the line. That is why we lean into those around us. If you think you may be in a situation that warrants possible legal ramifications...seek counsel, then move on.
Ooooh, thanks for the reminder... if we are so darn careful to COA's, we may very well expose ourselves to even MORE liability by not doing a good job for our clients... and I suspect that it's the unhappy-with-their-realtor clients who tend to sue, rather than the ones who were blown away by service...
I absolutely agree with you, and in fact I discuss this on an almost daily basis with any of my peers who will listen. And I work in Texas, one of the most litigious states in the union.
"and I suspect that it's the unhappy-with-their-realtor clients who tend to sue"
I read an essay about a guy who could tell the likelihood of a doctor being sued (or having been sued in the past) within 15-30 seconds of meeting them. The gist was that people sue doctors that A. they don't personally like and B. who they feel didn't listen to their concerns. It has nothing to do with basic medical competence. I found that very interesting and it definitely speaks to your point that I quoted.
Jennifer - Your post seems to have brought out a lot of commenter's. I personally agree with you, we do make a lot of money to do what we do. Might as well do it 100% if you're going to do it at all.
Yikes "let them use their own gas", well I offer them the option, and if they want to ride with me they can.
Hey JA! Driving though Illinois? Did you honk as you went by? Another great post!
I always offer to drive the clients...if they choose to ride along or drive themselves it is their choice. My SOI tends to have kids...sometime the little buggers come along. (hey there is another blog topic for you!)
I tend to stay away from inspections...it is company policy. Besides I would not like it if the home inspector was following me around at a listing appointment. I can imagine the inspector yelling out "What do you mean $xxx,xxx for this place? Have you seen the crawl space? Have you looked at the electric panel? I'm telling you the radon level will be in the twenties!"
I will ALWAYS make lender referrals...I keep a stock of lender business cards with me at all times.
Time in the car is some of the most valuable time I spend with my clients. It provides a great opportunity to listen to their likes and dislikes and to learn some of their story. Even more valuable is listening to husband and wife discuss what they liked or didn't like about the house we just left. That conversation will often tell so much more than what I could learn in direct conversation.
I think it's good to have your clients in the vehicle with you. Now there are times this may not work pending the number of people or special devices needed to transport the passengers.
Jennifer,the bonding time is very good. I want to secure the clients and am leary of those who want to usher themselves around. I wonder about their motives.
My dear friend Chuck... I'm in Mt. Vernon - is that anywhere near the Quad Cities? I'd love to argue with your broker about making an office policy that it's wrong to attend inspections. I think that's absolutely NUTS - one, to not be there to support your buyer and two, to make a policy as to how you run such an important part of your business. It doesn't matter if the inspector wants you there or not (and believe me, most realize that making an enemy of the real estate agent is a bad idea), your buyer expects and needs you to be there. Like driving together, the inspection is a terrific time to bond and to demonstrate your expertise and caring. If you don't attend inspections, it WILL affect how your buyer feels about you, and not in a positive way. They may not tell you that, but there's no way avoiding inspections improves your credibility with a client.
There was a great discussion on this topic last year started by an inspector. I looked for it and couldn't find it... anyone have it bookmarked or remember who it was written by? If so, please post a link!
Dear Jennifer - you are a breath of fresh air, and living proof that a career in the real estate industry is NOT soul destroying! :)
It seems that every time I turn around the liabilities get deeper, more, trickier. I keep up with law changes, doc changes and read all my associations emails and newsletters. I do the best I can and continue to do anything and everything possible to help my clients. There will always be liabilities in this arena, I agree with you!
Jennifer - you and I are kindred spirits. Its the relationship I build with clients that leads to my success. Because I work in a rural and lake resort area - the time driving from property to property can be used to share information that ultimately helps me match people with properties.
I'm a full service Realtor, and proud of it.
We always ask our clients if they want to ride with us or follow us, and by far the vast majority of the time they decide to follow us, and we have no problem with that. Many times it's necessary: if they're coming from a good distance away, if they have kids with them and we wouldn't all fit in one car anyway, they have somewhere to go immediately following our last showing, etc. Who rides with who should not be a deal breaker or a reason to not work with someone, there are far more important things to worry about in your relationship with your clients that transportation issues. We simply service our clients to the best of our ability, period, and the rest always falls into place.
You said all this very well. I agree with it all. Thanks for the blog.
Here Here!!!! I agree that by doing our job to the best of our ability and to the best advantage to our customers, we may put ourselves at risk. So be it. THis is a dynamic and fun industry. It can be pretty frustrating too. If you can't run with the big dogs...stay on the porch!
Jennifer, we are with you. Your summary is dead on. We like to compare house 1 with house 2 as we go to house 3. If they like house 1 we discard house 2. Now as we go to house 4 we will discuss house 1 and house 3 and discard the loser. At the end of the journey we have the very best house out of the bunch. Comparing 2 houses is better and going over all of them. Let's do an offer.
absolutely! those agents that refuse to drive buyers forget exactly what they would feel had they been shopping in another city. good point
I couldn't agree more that it's part of our job to be part of every step of the process ... we're not "order takers" .. we're real estate professionals. I think part of our fiduciary obligation is to put our client's best interest first ... not our fear of being potentially liable or sued.
Company policy to NOT be present at inspection ... WOW!!! First time I've ever heard of that. Why wouldn't or shouldn't we be present at inspection to understand any issues that are uncovered? How else could we properly present and negotiate with and for our clients without having an in-depth understanding of those situations.
Great post and comments.
Jennifer-
Mt Vernon is about 5-6 hours away. Yes, I think my broker is VERY concerned about liabilities and lawsuits. A lot of our ongoing training is about risk management. Makes me feel like sometimes I should not even talk to people.
The company has never discouraged us from driving clients around in our personal vehicles...guess as independent contractors the risk to the company is small. They just tell us to make sure the car is CLEAN inside and out.
I'm sure my company has had it's fair share of lawsuits. 40% of the local board's membership comes from my company and probably 40% of the lawsuits come our way too.
Hmmm...I'm trying to figure out how you can possibly represent your buyer's best interest by NOT attending the home inspection. In many cases, the home inspection creates another round of negotiations. I want to be fully armed and prepared to represent my client in these negotiations!
After 28 years as a physician, the spectre of litigation is something I am very familiar with and "got over" a long time ago. The reality is if a client is a)extremely dissatisfied or b)the sort of person that sees a minor problem and thinks "cha-CHING!" they WILL sue and everyone whose name appears in any paperwork will be named in the suit. Smoking outside during the inspection or keeping people out of your car will not prevent this. The keys are to document everything, be totally up to date on the law in your state, and to perform your job in a thoroughly professional manner that always keeps the client's interests ahead of your own. Don't offer advice on matters outside of your area of expertise even if you are knowledgable and have opinions. I personally think it is fine to discuss those areas; tell them what you know, tell them what their options are, just don't tell them what to do. Just my humble opinion. Great comments, one and all.
Jennifer - I push the envelope in almost everything I do. I enjoyed reading your article and am glad to see that you're not deathly afraid of every little liability. Good for you!
I agree with Pat. I always ask the client what they would prefer. In the burbs about 50% choose to drive themselves. Closer to metro Wash DC, most prefer to ride with me. Whatever floats their boat. There's plenty of time for me to speak with them in the houses we view.
From the other side of the coin: I work for a moving company. We spend a lot of time and $ marketing to real estate offices that allow us to be an approved vendor. There is a fee associated with this, which we don't mind spending. We get to advertise in their newsletters, make presentations, etc. I had the opportunity to present to the sales people at an office recently. Before I went on, the managing broker was talking about referrals. My jaw dropped to the floor when she said, "do NOT refer ANYONE to ANYONE unless you know beyond a shadow of a doubt that it won't come back to bite you in the a**". She was quite adamant about it. Once she finished, I was called on to make my presentation, "Building a referral network- being a resource for your clients". It was a waste of time and energy in light of what the broker had just said. You can imagine how quickly we pulled out of our agreement with that office. What she didn't understand is that ANY referral from her office would be handled as a VIP relocation. We know the score on working with Realtors(TM).
Jennifer- I always offer to drive my clients and almost of them accept unless we have "space issues" and I'm always present at inspections. It's part of my job to represent my buyer's and seller's best interest by staying on top of every aspect of the transaction.
Thanks for the great post!
We always have driven our clients around. We purposefully have a large vehicle for our business and we move the car seats to ours. Worse case I'll ride with them. I'm pretty sure the couple of times that folks insisted on taking theirs and following us....we did not sell them a house. I think that was their way of not bonding so to speak. We also carry an umbrella policy that includes our vehicles for extra coverage.
Being the driver puts you in optimum control of the appointment. But it is easy here to drive since it is a smaller town so maybe that is an issue in some of the areas as I'm reading the comments.
I've never heard of a Buyers' Agent not attending the inspection. Who opened up the house? Who's taking responsibility for all the people wandering around the Sellers' house?
Totally agree with you! We are paid well to do a job. Frankly, I dont see how one could expect to do a good job without getting involved and helping with advice. I know my clients appreciate it by the number of referrals I get from word of mouth. I get customers that leave current agents to come work with me and they always tell me that they appreciate how much more actively involved I am with them compared to their prior agent. I think to myself "wow, I'm just doing what I would want done to me as a buyer/seller and it's paying dividends". If we love what we do then helping out to the fullest of our abililty will be a gratifying income producing pleaure, not busting work.
I attend inspections (although I don't climb on roofs or go into attics or crawl spaces as I am not a licensed inspector and I just don't want to do that (not to mention I have a fear of heights and am claustrophobic). To me, that's going unnecessarily above and beyond and that is why an inspector is being hired.
As hands on as I am I usually don't drive buyers around because of the area covered and that it would also be far to have to drive buyers back to their car if they're not writing an offer. Besides, I'm prepared to write at the property, in my car or at a close Starbucks or restaurant if necessary.
But besides that, I am a nervous driver. Doesn't bother me so much if they're following me but when they're in the car with me I am uncomfortable driving. I get too distracted.
Also, once I have established rapport with clients, there is no reason for them to meet me at my office, especially when I only go there to pick up checks as I work mainly from my home unless I have appointments. Some only want to see one property so we meet at it and if they're not interested we go our separate ways after. I've never had a problem doing this and have never "lost" rapport.
Sometimes we'll meet at a property and depending on how many homes we're seeing and the route either they'll jump in with me or I'll go with them. But I usually drive separate and it has nothing to do with liability.
I'm in total agreement with you. I've been in a few crawl spaces and on a few roofs myself. I'm a real "hands on" REALTOR. I encourage my Associates as well to attend all inspections, appraisals, loan signings and escrow signings. I don't understand how you can represent your clients if you don't.
Aloha!!!
Karla Casey, Principal Broker
Representing Maui and Oahu (Honolulu)
Several of you have mentioned getting on the roof and/or crawlspace. I do it for a couple of reasons... first, if there's a problem, it really does help to have seen it (okay, so I don't ALWAYS get up there or go down there unless there is something wrong!) and second, it makes a FANTASTIC impression on my buyer to see me risking my backside (or my khaki pants!) in order to see what's what. Besides, I've seen enough problems on roofs (rooves?) and cellars to have a reasonably good idea of what it will cost to fix it - which again, enhances my credibility.
Simple things like that really do make a huge difference in how your buyer views you. And again, I'll almost always err on the side of making a good impression over C'ingMA.
OK - if i take up smoking in order to do as the instructor says can I sue him re his liability for my subsequent health issues?
About as far as I go with CYA stuff is to say something like "this is my opinion, but to make sure you should probably talk to your [accountant, lawyer, lender]" as appropriate.
Let's face it - today people do not need us to find listings and we certainly don't earn our keep by saying things like "And this door leads to the garage". If we don't provide some level of general expertise and answer their questions, exactly what is it that we do to provide value?
As for the car - i always make the assumption we're going in my car. I do happen to deal with a lot of folks from out of state as I work on the CT/NY border and a ton of people are moving east to CT for prices and taxes, so based on the tour, some of them want to go in their own car in order to get home faster. I don't refuse them. What I often do in those situations is to get them on the phone while we're caravaning and point things out.
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On a completely unrelated and meaningless side issue, I always find it funny when the secret word to enter for submitting comments on A/R is YANG-YANG. Just makes me laugh for some reason.
I don't have a problem putting buyer's in my car unless they have a child with a car seat. I ask that they follow me. Don't really know why I started doing that. I have heard more agents recently stating how they have never had a client in their car, they tell the client to scope out the neighborhood themselves first and if interested in a particular home they will meet them there. AMAZING. Anyways, I'll continue to put my buyer's in my car; I just wish that on the second trip they wouldn't insist on doing the driving!
ANother Feature??? You are such a popular introvert! I agree that if you constantly worry about the liability you will never work, and you need time with your clients to bond... it is all about the bondage after all! (JK)
And if you dont like or trust them, why would you work with em? kick them to the curb and let someone else deal with them and move on to someone you want in your sphere. Life is too short to work with people you dont like.
I guess I'm in the minority. I've been in the business for approximately 20 years and I can count the number of times I've had clients in my car on two hands. Typically, I'm going from one appointment to the other and don't have time to 'back track' to the office as I live in a rural area and cover an extensive territory in two states.
Also, I find that my clients like the independence of having their own vehicle. They can discuss what they saw in between houses, and more often than not by the time they get out of the car at the next house, they have an opinion to share about the last property viewed.
A lot of my clients also have kids and it keeps their stress level down to be able to be in their own vehicle. If a child starts crying or has a melt down they don't have the added stress of worrying about what I may think.... Anyone with kids knows what I'm talking about!
Nothing to do with liability - although I was coached against doing so as well. Just works for me and seems to work very well for my clients too.
Jennifer
Great post, real estate professionals have to look to CYA in every transaction.
Good luck and success.
Lou Ludwig
Nice article, except for the fact that you may be creating liability for the home inspector. If you were to accompany me into an attic, and put your foot through a ceiling, my general liability insurance would not indemnify you, as you would not be me or my employee. If you climb a roof with me, I may be worried about you tumbling off said roof aqnd miss something during the inspection. Yes, it's vital that the agent be present, but NO you are not the inspector and stay at arm's length, IMO. This stance also helps you avoid that vicarious liability thing...
Personally I hate driving and having someone follow me so I prefer to have the buyers in my car. Ocasionally that's not possible. I love the bonding time that the driving creates. I have had many fun conversations - often not about real estate - in the trek from one house to the other. This is the time when you and the buyer get to know each other as people.
I am in this business to help my buyers and sellers in the most professional manner possible. When either side has a home inspection, I always attend. How else can I gauge what the problems are and explain them to my clients? And since I specialize in historic homes and have found a couple of great inspectors who understand this type of house, I will recommend them and learn from them. And I will take buyers in my car, especially when they are from out of town. Then they can sit back and observe the neighborhoods and not worry about following me. And I learn a lot by listening to them as we drive, and am able to give them a running tour guide commentary about the history of the area (and I actually was a tour guide in a previous life).
I must admit my car often resembles the car of a man with 5 boys. I frequently ask them to follow me.
Jennifer, I totally aagree with everything you said except one thing. I do attend inspection, but I do not go in the crawl space, or on the roof because I am not the inspector. I cannot believe that some agents are not really willing to really help their clients because of legal liabilities. You just have to be careful how you say what you say. I have never had legal proceedings against me.
Interesting post, Jennifer. It's truly sad that our litigious society has made practitioners of your profession so afraid of giving their clients the individualized attention that they deserve. And some folks wonder why people don't like lawyers!
Hi Jennifer~ What a great topic to blog about. I think your success proves you "GOT IT RIGHT!". I too agree with working hard and passionately for my clients, and YES, even for the ones that you really wonder appreciate it. I have learned that the emotions involved in buying and selling in today's market may seem to get the best of clients sometimes, but at the end when keys are handed out and gifts are given, that is the special moment, that you just know, you are doing is what you are meant to do! Great post, great attitude!
Cheers!
Great post. It is sad that we need to even consider law suits, but it is reality. We all have or should have, insurance. If a person is wise they may want to ask their insurance agent if clients in the car are covered. After that forget it. If your clients want to ride with you let them. If they want to follow then let them.
Great post. It is sad that we need to even consider law suits, but it is reality. We all have or should have, insurance. If a person is wise they may want to ask their insurance agent if clients in the car are covered. After that forget it. If your clients want to ride with you let them. If they want to follow then let them.
I was setting at a red light with clients in my New truck. Someone ran the light got t-bond and then bounced into us. I still sold them a house a few days later and am friends with them to this day.
With the green movement why aren't we all in one car. I point that out. I work mostly with investors and most of the time the client drives and I hop in there with them.
I'm with you Jennifer! Great post!!!!
Hi Jennifer,
I agree with you 100%. For some reason or another, Realtors are afraid to say anything that may be taken in a different way and lead to a law suit - even to another Realtor. I have been in meetings in which Realtors want to say something in general - AMONG - each other but don't because they are afraid that it may be taken out of content. We should be able to say what we want without having the burden of getting sued. The rules and reulations as well as the Code of Ethics are there for a reason, at the same time, we all are adults and should be able to have a conversation with other people without any worries as long as its appropriate.
As for buyers, I still put buyers in my car as it enable me to develop a better relationship with them.
Good Post Jennifer.
Ismael Jusino, e-PRO, GRI Lic. Real Estate Broker
Absolute Homes Realty, LLC Ismael@AbsoluteHomesRealty.com
I don't get :car time: as a lender, but enjoy the bonding when we sit down for an hour + to sign documents and review their options. This car time is indeed an asset if used wisely.
Great stuff, Jennifer!
When we were shopping for our current home, I was between licenses (lots of inter-state moving for a while). The agent we were working with either rode with my husband and me or drove his own car. We were relocating from 125 miles away and really didn't knwo the area. He was new in the business and (he finally admitted) ashamed of his car.
The only time I choose to have clients drive their own car is at a first meeting if I haven't been able to get them into the office or some other public place where I can introduce them to someone I know. That's my choice from a safety perspective. I always let someone (usually my husband or a friend) know when I'm showing houses and what time I will be finished by. If I don't call back, they should try to call me. If I don't respond, they are to call the police. So far, it's never had to happen, but I feel safer just from having a plan in place.
Jennifer, I agree with you. I do all those things you do as you expressed in your post. I think it's my duty to attend inspections...I don't advise on things I'm not qualified to speak about, but as REALTORS we can learn alot with each and every transaction. Putting all those first hand experiences together is what I believe our clients are looking for in a REALTOR.
I must say though, that 99% of the time, I'm meeting them at a home, so they are driving themselves. I like to get ther ahead of them when possible, to have the house opened, lighted, and "READY TO SHOW".... Many times, it's the first visit for me too, so it gives me an opportunity to learn a bit about the property prior to their arrival.
With Series of homes to see, they are always welcome to go with me!
Thanks for a good post!
Although I am not an attorney, the way exclusive buyers agency was explained to me is that since you have a fiduciary responsibility to your client vis a vis the EBA agreement, you do not need to provide them with the names of three inspectors, three lenders, etc. You can simply say - here is my "team" of real estate professionals that will guide you through the financing and inspection process.
As far as liability for taking someone in your car, yes, the broker is going to want to be named as an additional insured if you use your car for business. It only makes sense. You are an independent contractor and you are transporting the broker's clients. And why wouldn't you want to have that buyer next to you as you drive to the next appointment? You can develop rapport, talk about the property they just saw and the one that they are about to see. It seems pretty simple to me.
Thanks for your post, Jennifer, and the discussion following! I let the buyers decide, as there is plenty of time to talk at the listings or stopping for coffee or lunch. Sometimes the listings are far apart and in different directions, so it just makes good sense to go separately and meet than to have to return to a car at the office.
Amen to that. You are so right. Fear of liablility can cause failure. How must a buyer feel, havig to follow a Realtor around in his or her own car to see homes. Hasn't the internet narrowed the search enough for us already?
good lord...in twenty years i've had so many folks in my cars and trucks that i couldn't count them. if you're worried about lawsuits buy good insurance. just send your agent an email that explicitly states that you do this and get the coverage...adding additional insureds, such as your broker, is usually free, it is for me at least. buy lots of insurance...it's a deductible expense and how nice would it be to tell someone suing you...talk to my insurance companys lawyers, here's their number.
i have noticed lately though that the two cars thing is happening more and more as the buyers are very willing to do some drive-bys on their own, and thinning the lists of homes to see.
as i think about it, i can't think of a single lawsuit that i have heard of from any agent i know or even anyone local who i don't know...i think the fear is greatly overblown.
i always go on every roof and every crawl space if the inspector cites any issues there, but only because i have been in the building trades for way too long and just can't resist. since i am a licensed General Contractor the onus is on me anyhow...i might as well have a look. as far as a policy to not be at an inspection. that is pure BS, and could only have come from some lawyer who dreams of suing anybody they can. the law in california requires us to do a diligent visual inspection...is having a smoke diligent? that said, i do forbid my sellers to be at the inspections.
lots and lots of insurance let's you live in peace
Liability be damned - I don't put people in my car because I live in it! Figuratively of course, but it is full of signs and folders and lock boxes - don't suggest the trunk, I drive a truck with an open bed. I could clean up my act and I do when I absolutely have to meet with people from out of town.
My regular clients, and even those who I meet for the first time always drive separately. They usually have other places to be, and so do I, either before or after our appointments and meeting at a central location doesn't work in the large metropolitan area where I do business. Especially when you are going from literally one side of the county to the other.
If you listen at the houses and when you talk on the phone you get a good idea of their wants/needs and what floats their boat. Quality time together is way overrated.
I agree with many above on the thought that I am risk adverse but I do bring clients along in the car as it is a time to bond, build rapport and get feedback. We all have car insurance...
The reality of today's world is that people sue and are getting sued every day. There are very few jobs where that isn't a threat. As a responsible agent and member of society act in your client's best interests and hopefully you will be able to avoid the fire!
Waiting too long after your auto accident to talk to a lawyer is one of the most common mitakes that people do and I admit I'm one of them. If you do not apply in time, you will not be able to receive your benefits.
I totally agree. Agents who are worried about liability are probably in the wrong business! We have to take risks to do our job.