Unprofessional REALTORS

I wanted to share this to my audience, this article was written by a John M Holland Principal in Law Firm of John Holland, PLLC, Holland Law and Title, and Attorney/Broker Services, LLC.

I have borrowed this article to share with new agents or people planning to get in the business. If your interested in a career, want to build your database, and work on a team... contact us on our careers page

WARNING:

This following is not for unprofessional REALTORS. So if you are unprofessional or simply "fake it", please do not proceed. It will offend you.

We have been discussing the concept of duty in real estate, or more simply, "How do you know what to do or not do as a real estate agent." This format frustrates me because of its' brevity, but let's recap: 1. Your license is the basis of your duties as a real estate agent; 2.There are various sources of duties, such as statutes (TRELA and TREC rules) and the contract; 3. A simple two step approach to determining your duty is a. Who am I? and b. what am I doing? 4. Since you are a real estate agent, that means you are NOT a lawyer, appraiser, lender surveyor, title person or any other profession. So, don't act like one or pretend you know their duties. You don't. So don't go beyond the scope of your duty.

This were all discussed in previous episodes. In today's episode, I am going to deal with the other side of the duty coin. The first side is: focus on being a real estate agent and don't act like something you are not. The second side is this: Do your job as a real estate agent and don't expect, demand or even depend on the affiliated professionals to do yours.

I want to give you three examples of how this happens: 1. A buyer's agent sends an email to a title company, telling them to order the survey. Question: Who's duty is it to order the survey? Answer: Read the contract. It establishes the duty. So if it says, "Buyer shall obtain new survey.", the duty is the buyer's. And who represents the buyer? The Buyer's agent. So who's duty is it? Uh oh. "

"That's just not right. Hold it. Just wait a minute. My title company does blah, blah, blah. They give me cookies and buy me a mani/pedi and I just love their business development officer. We have margaritas together. She does everything for me."

I did not ask if the there is a custom or practice in your life, I asked who's duty is it? And the contract says the buyer. The margarita did not change the contract.

2. A buyer's agent goes to closing without having purchased the home warranty for their client because they love margaritas or for some other reason think it's the title company's duty. Who's duty is it to order the home warranty? You guessed it. The contract says the buyer may purchase the RSC before closing.

"That's just not right.

Hold it. Just wait a minute. My title company does blah, blah, blah. They give me cookies and buy me a mani/pedi and I just love their business development officer. We have margaritas together. She does everything for me."

I did not ask if the there is a custom or practice in your life, I asked who's duty is it? And the contract says the buyer. The margarita did not change the contract.

3. On the POA subdivision information, the contract says the Seller shall deliver the subdivision information to Buyer. Question: Who's duty is it to deliver the POA subdivision information. Do we even need to say it? It's the sellers' and who represents the seller?

"That's just not right, blah blah blah."

Here's the point; you took on your client, do your job to the extent required by your duty and don't depend on others to do your job. How hard is that? Really hard apparently. But let me just remind you. In our examples above, the agents are delegating their duties to non licensed employees OF AN INSURANCE COMPANY. So, if you still think it's the title company's job, read the first sentence of this post again. Could it be worse?

In our next episode, we will discuss the fiduciary duty.

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