2 callers inquire about whether couple wants to sell their condo, creating concern about deception and avoiding family conflict

Q: On Easter Sunday, we received a call from an agent who asked if we were planning to move. We understood we could not sell until the COVID-19 scare is over. On Monday, agent No. 2 called us claiming to be from the same office as agent No. 1.

However, our caller ID lists the agents at competing firms. Our adult son, who bought the callerid device and put our phone number on the Do Not Call Registry, was upset we accepted their calls. We know of agent No. 2 due to her many sales in the area, but her deception is troubling. Is it possible to sell our condo while keeping peace in the family during the stay-at-home order?

A: Not surprisingly, many skilled telephone solicitors (cold callers) obtain a real estate license to sell home-seller leads to local licensees. I’ve received calls from these cold-calling licensees who ply their telephone soliciting trade from the Central Coast to the East Coast. In your case, agent No. 2 probably agreed to pay agent No. 1 a referral fee upon selling your condo. Unfortunately, agent No. 1, a professional telemarketer, ignored the National Do Not Call Registry enforced by the Federal Trade Commission (FTC).

And the local No. 2 agent engaged in puffery, punishable by the Department of Real Estate (https:// dre.ca.gov/consumers/). Merriam-webster defines puffery as “exaggerated commendation especially for promotional purposes.”

As older adults, if possible, it would be prudent to vacate the condo permanently before selling under COVID-19 conditions. Find a licensee known for integrity who will deftly navigate the stayat-home brokering protocols. After the March 16 shelter-in-place order in Santa Clara County, 80 condos went under contract, 147 closed escrows; 44 listings became canceled; 23 were temporarily taken off the MLS, while only four failed to sell. As of

April 14, there were 147 active condos for sale. And, in the meantime, make sure your phone number is still on the National Do Not Call Registry at donotcall.gov or call 1-888-382-1222.

Questions? Realtor Pat Kapowich is a Certified Real Estate Brokerage Manager and career-long consumer protection advocate. 408-245-7700, Pat@ Siliconvalleybroker. com DRE# 00979413 Siliconvalleybroker. com Youtube.com/ Patkapowich.