Agents act improperly because they can. If an insitutution acts improperly they are subject to meaningful sanctions by the NCAA ie; scholarship cuts, suspension from play, heavy fines, irritating commentary by Jim Rome etc...If an agent violates the NCAA rules no meaningful sanctions exist. An agent's though is: What is the NCAA going to do to me? Tell me to stop, banish me, deny me access to the campus. Although agents are regulated by statutes, they are rarely enforced. Enforcing athlete agent regulations is not a top priority of our state or federal government.
Do agents engaged in improper communications with athletes? Yes.
Are colleges aware that this goes on? Yes
Is it right? No
So why do they do it? Because in our society, we frown upon whistleblowers. And since everybody does it...
Many agents must chose between being unethical and being unemployed. As someone with first hand experience, I continuously choose the ladder.