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Real Estate Matters: Reader’s experience with a pocket listing and discrimination sheds light on the problematic practice

By Ilyce Glink and Samuel J. Tamkin, Tribune Content Agency on

READER COMMENT: I’ve been following your discussion of pocket listings with interest. I had an unfortunate experience with a broker who used a pocket listing to try to sell my father’s home. He blatantly used the pocket listing to discriminate and market the property only to members of the religious community dominating the area.

A house of worship was built near my father’s home and members of that house of worship are now the primary buyers of homes in that neighborhood. I made sure that the broker we hired had experience in selling to that community, but the broker didn’t tell me that he didn’t sell to anyone outside that community.

We listed the home with him and at his request allowed him to keep the listing as a pocket listing for a short period. After several months with only one showing, we directed him to put the home on the multiple listing service (MLS). He resisted and insisted that the home only be sold to a member of that house of worship.

When I insisted, he placed the home on the MLS but described the house so that only members of that house of worship community would want to see the house; the only description of the property in the MLS related to the distance to shopping and the houses of worship in the area. The listing didn’t mention any of the usual descriptive items for homes and only showed one photo of the home from years ago that did not show current improvements.

When I saw the MLS listing, I immediately told the broker that the listing was in violation of state and federal law. I insisted that he remove the listing from the MLS and fired him the next day. We filed a complaint against the broker with the state agency that regulates real estate brokers. We relisted the house with another broker and within a month had a full price, all cash offer and closed a month later.

Interestingly, of the potential purchasers that the new broker brought in, none were members of that community. I assume that we were blacklisted for trying to sell outside the community and filing the complaint. I have no idea who the purchasers were other than that they were not members of that community. I thought your readers would benefit from hearing about our experience.

 

OUR RESPONSE: Thank you for sharing your story. Over the past year, we have written several articles on pocket listings and the potential damage they can cause buyers and sellers.

A pocket listing refers to a situation where a home seller hires a real estate agent to sell a home, but rather than put the house on the market immediately the agent holds off on listing the home and instead markets the home privately to potential buyers, some of whom the agent may represent directly. The agent does not make use of the MLS and the home does not show up on any of the online listing sites, like Zillow, Trulia, or any other real estate marketing websites.

Last year, the National Association of Realtors (NAR) came out with a policy that prohibited the use of pocket listings. The policy is called the MLS Clear Cooperation Policy and requires Realtors to place the property on their local MLS and share that listing with other multi-brokerage networks within one business day of marketing a property to the public.

While the NAR debated the proposal, it emerged there were quite a number of Realtors that opposed banning the practice of pocket listings. In the end, the NAR passed the rule with some opposition.

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