As a real estate agent using the Jamaica Multiple Listing Service (MLS), you expect professionalism and clear communication from landlords. However, situations arise where a landlord suddenly places a tenant in a property without informing you, even after you’ve secured a qualified renter who is ready to make an offer. This can be frustrating, but there are steps you can take to handle the situation professionally while protecting your interests and your client’s.
1. Review the Listing Agreement
Your first step is to review the Multiple Listing Agreement Form (Lease) signed between you and the landlord. The contract likely grants you exclusive listing rights for a set period and obligates the landlord to work through you when securing a tenant. If the landlord has bypassed the agreement, they may be in breach.
The agreement states that:
The landlord must direct all inquiries about the property to you.
The landlord cannot market the property with another agent during the listing period.
If you present an offer at or above the listed price with no conditions, the landlord is obligated to pay your commission even if they do not accept the offer.
2. Communicate With the Landlord
Once you confirm that the landlord has acted outside the agreement, approach them professionally:
Seek clarification: Politely ask why they placed a tenant without notifying you.
Remind them of their obligations: If the agreement gives you exclusive rights, explain that they are required to honor it.
Discuss a resolution: If the new tenant is only staying for a month, negotiate a plan to relist the property after.
3. Notify the Potential Tenant
Your client may have already invested time, effort, and even money in the rental process. Be transparent:
Explain the situation and apologize for the inconvenience.
Offer to help them find a similar property.
If they are still interested in the property, inform them of when it may be available again.
4. Evaluate Compensation
Since you sourced a qualified tenant and secured an offer, you may still be entitled to a commission under the agreement. You can:
Request your commission if the offer met the terms outlined in the listing agreement.
Seek legal advice if the landlord refuses to honor their obligations.
5. Protect Yourself for the Future
To avoid similar issues:
Ensure landlords fully understand their obligations before signing.
Check in regularly to prevent unexpected developments.
Add clauses to agreements that specify penalties for landlords who rent to someone outside the MLS listing.
Conclusion
While this situation is frustrating, handling it professionally can protect your reputation and financial interests. By relying on the listing agreement, maintaining clear communication, and standing firm on your rights, you can navigate such challenges while keeping future business relationships intact.
Disclaimer: This article is for informational purposes only and does not constitute legal or financial advice. Real estate agents should review their specific listing agreements and consult with legal professionals and other REALTORS® for guidance on handling disputes or commission-related matters.