Recently while driving down my street I saw something interesting.  A house that had been for sale for some time at $425,000 had a "sold" sign on it.  That was moderately interesting, but what I found far more interesting was that it had a new sign advertising the price now as $475,000!

I was quite stunned at this.  After all, when the property was first listed it started out at $450,000 and slowly made it to $425,000 during several months on the market.  I looked up the property on the MLS and it was pending inspection.  Who the heck puts up a sold sign when the house still hasn't gone through the inspection!

Sure enough, the home failed inspection and went back on the market.  The sign now states $425,000.

While there exists the chance that there were multiple offers on the property, the more likely case (especially given this agent has a poor reputation) is that the agent deliberately misrepresented the sold price in order to attract more listings.

I considered taking a picture of the sign and send it to the MLS, but did not have the chance before the home went on the market.  However, what would have really happened here?  From looking at the list of MLS fines, at the most he would have received a fine for $100 or $200.  More likely he would have just received a warning.

It is no wonder people distrust agents when this is all that can happen to you for deliberately trying to mislead people!  Going through the list of MLS fines is quite comical, because in many cases these fines are for completely unethical and in some cases illegal behavior.  While I can see someone accidentally including a disallowed phrase such as "walking distance to Microsoft" (assumes the buyer can walk), I cannot see someone accidentally listing a home as twice the size that it actually is.

If an agent repeatedly does these things, he or she should no longer be allowed to practice real estate.  Even with lawyers this is the case.  If a lawyer is found to have practiced unethically, he or she can be barred from practicing law in that state.  While technically this is possible with real estate, in practice it is rarely carried out.

Until we start weeding out the bad apples, public trust in real estate agents will continue to be at an all time low.

 
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4 Comments on We need stricter penalties for agents

AUG
27

I agree completely! If these agents were seriously reprimanded proportionate to the infraction, maybe we would begin to clean up the industry.

10:58am • #1

You are 100,000% correct! The MLS fines are rarely more than an inconvenience the unethical see as a cost of doing business. Agents know the MLS is not going to eliminate a paying member. The NC RE Commission reports disipline in every issue of the magazine. Never has it been considered harsh. Much of the time the disipline is suspended! This from a state RE Commission that is considered 'tough'. The bad apples should be culled for the good of the profession but more importantly for the public. The number of agents is important to many, MLS as mentioned above, states for license fees, schools that provide CE, and many others we support.

11:07am • #2
Outside Blog Hit Router

Totally in agreement here.  In Honolulu, Hawaii, our Board will look at ethics complaints, and often issue large fines, restrict licenses and more.  They are very aggressive and I find I like it.  I previously sold real estate in the Palm Springs, California area, and there the Board was very weak with enforcing or imposing any penalties as a result of an ethics infringement.

3:15pm • #3
197,231 Points

I don't even want to go here.  There are agents that blatently do things they aren't suppose to do and no one does anything about it.

4:51pm • #4

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Nelya Calev

Bellevue, WA

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John L Scott

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