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STOP GUESSING. . . . ASK YOUR BROKER.

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

GO READ BRYANT TUTAS'S ARTICLE ABOUT TAKING A POST EXPIRATION LISTING.  It's not too long. 

Then read all of the comments.  By the time this hits the dashboard, there should be about 200 comments.  (There are 202.)  Now I know that Bryant's posts generate and deserve a large number of comments.  However, when I read the comments to his post, a few things were clear and a bit disturbing. 

What I observed in so many posts and comments to Bryant's article is that many, far too many agents operate their business based on:

  • what they think,
  • how they feel about something,
  • or
  • what someone said.

WHERE IS THE BROKER?  What I see throughout this thread of comments is the sad lack of oversight and supervision on the part of brokers and/or managing brokers or office managers.

WHERE IS THE TRAINING?  The matter of taking a post dated listing isn't new.  Unless it violates a state license law, how to handle contacts from consumers with active listing contracts should be covered in post license training.  This is training that every agent should receive from their broker within the first month of obtaining a license to practice real estate sales. 

Most questions about real estate practices are covered by:

  • 1.  License law in your state.
  • 2.  Code of Ethics.

    Agent Training

  • 3.  Brokerage Policies and Procedures.

Serious problems are avoided when agents are trained and supervised.  Of course if there is a question, agents should be trained to ask their broker. 

I would hate to think that an agent for whom I have supervisory responsibility and for whom I have the risk associated with their acts would get opinions of how to respond to any real estate situation from members of a real estate online network (no matter how good), friends, relatives, other agents in the company or real estate acquaintances. 

BROKERS.  ARE YOU ACCESSIBLE?  Brokers who are not accessible run the risk that their agents will obtain advice from others who may or may not be knowledgeable. 

 

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Comments (49)

Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

Does tossing a phone book at someone count as New Agent Training? 

Sep 19, 2009 04:21 AM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

As a TEAM Leader I have much of the same responsibility as my broker - I want to make 110% certain that the agents working with me are all on the same sheet of music.  Sometimes it appears to be easier to apologize than as permission - but once you ask for permission you are covered.

Sep 19, 2009 04:26 AM
Mark Hall
Atlanta Communities - Marietta, GA
President | Broker

In the movie It's a Wonderful Life, there is a sign when George Bailey needs help which says "Ask Dad - he knows."  In this case, it's always "ask your broker".  If your broker is not accessible, you're with the wrong company/brokerage.  It's that simple.

Sep 19, 2009 04:44 AM
Mark Hall
Atlanta Communities - Marietta, GA
President | Broker

One more thing . . . Lenn, I have read your posts for as long as I've been an ActiveRain member.  Your insight, professional dedication, and commitment to the real estate industry is unparalleled and Joyce Dawkins' comments echo the same.  It's what this industry is all about . . . people and relationships.  Thanks.

Sep 19, 2009 04:50 AM
Jirius Isaac
Isaac Real Estate &TriStar Mortgage - Kenmore, WA
Real Estate & loans in Kenmore, WA

I hardly ever have to ask my broker anything, but I never hesitate when I do.  And he is always there to answer my questions or help me out with what I need.  If he wasn't, I would definitely move my license elsewhere.  I think that a lot of brokers are unavailable, but also, a lot of agents just to not ask for guidance when they should.

Sep 19, 2009 05:19 AM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

I had great brokers in Northern Virginia. My last broker Gene Sampson with Robin Realty provided training ALL the time. He was really great.

Sep 19, 2009 05:34 AM
Valerie Sullivan
Sullivan Enterprises, LLC - Fort Walton Beach, FL

Lenn,

I read BB's blog--good information as well as the plethora of comments.  Yes, Broker's do have to be accessible.  When I first got my license, I hung it with a friend and co-investor in real estate.  I was still in the military, and not concerned at that time about getting clients, and the actual business.  When my friend sold his brokerage to another, my license also moved (I didn't see a reason to go elsewhere at the time) to the brokerage that bought his.  Then I got out of the military and began getting clients.  Imagine my shock when I get a call from one of the brokers (there were 2--one not accessible--the call came from the non-accessible), telling me she didn't like the way I do business, and I had 48 hours to move my license or she would cancel it (?!).  When I asked what it was I had done wrong, I was told "it's not open for discussion."  With no training from the brokerage, I sought training from my local and state association and received training on my own.  I also called the legal hotline and explained anything that "could" be an issue and everything I brought up and how I handled, they said I did properly.  They also did point out that she had no authority to just cancel my license.  I STILL have no idea what it was I did wrong.

I still have a bad taste in my mouth about that company on many different levels.  Apparently I was supposed to be a mind-reader?  It was a shock after spending 20+ years in the military and any time I screwed up, I was told what it was I did wrong--AND given a chance to fix it.

That is one of the reasons I chose to become a broker.  TRAINING IS IMPERATIVE in any business if you are going to succeed.  If you have agents, you want them to succeed, because their success means you succeed, too.

Thanks for the post!

Sep 19, 2009 05:44 AM
Donna Webber
ArcRealty Inc., Real Estate Brokerage, Toronto, ON, Canada - Thornhill, ON

On the Toronto MLS Listing Agreement the wording has the listing COMMENCING on a specific date.  The date the listing is signed and dated does not need to correspond to the commencement date.  Donna Webbber, Broker, ArcRealty Inc.

Sep 19, 2009 08:48 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Donna.  Different MLSs have rules that are different from the COE.  Brokers should know.

Valerie.  I believe that agents should be very careful when selecting a broker with whom to hang their license.  Of course they can't "cancel your license".  They can send it back to the issuing entity but you can then locate with another broker.  That just shows that that broker wasn't a good one from whom to rely.

Rebecca.  There are some very good brokers. I know a number of them.  Many I trained.  Good guys.

Jirius.  By law in my area, MD and VA, brokers have statutory supervisory duties.  It's the law.

#32.  Joyce commented?  I'll go find it.  I started reading from the bottom up.

Bob.  "What does the contract say" is my middle name.

Julie.  Some brokers are better advisers than others. 

Barb.  For broker questions, the broker is the place here, then the legal hot line, then your attorney.  Never hesitate to ask.

Cindy.  Absolutely right.

Mike J.  Not a problem post dating a listing in my states, MD and VA.  If the owner/seller makes the contact, you can take a listing to begin when the present one ends.  Home owners are under a listing contract, not indentured.

Jim.  See my comment to Mike J.

Jon.  Inventing things on the spot is what many clearly did.  They just gave opinion.

Amy.  I too have been surprised by the advice and actions on the part of some brokers. 

Sandy.  Thanks.  KW has some good systems for supervision.  I don't know how involved the brokers/marnagers are.

Cathy.  I believe that a broker should always be accessible and patient.  Sometimes the patience is tried.

Lisa.  Brokers in most states have supervisory duties by law.

 

Sep 19, 2009 09:25 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Teral.  Ask you broker and if the broker is smart they'll say "What does the contract say".

Stacie.  Once you reach a point where you can answer your own questions, get your broker's license.

Fran.  The important thing is that you're thinking and problem solving.  Not just making mistakes.

Jim.  I've seen the same thing on AR.  I've often said that they should ask their broker.

Kris.  Many agents don't understand that the Independent Contractor Agreement is solely for tax purposes.  It has nothing to do with being independent.

Allison.  In Florida, I understand that is a problem.  Sadly, it is in other areas too.

Missy.  Agents who ask questions of importance of other agents merely spread lack of knowledge around.  Ask the broker.  That's their job along with recruiting of course.

Pat K.  They are in MD and VA too.  Hang your license for $250 a year.  Those brokers are full time recruiters.

Pam.  I believe that a broker's job is supervising their selling and listing agents. 

Heather.  Good point. How one feels about something isn't in the law or COE.

Tim.  Sadly, true.

Joyce.  Thanks.  I know I was tough on you but you also know I love you dearly.  I have told many prospective buyers that you are the best true buyer's agent I know, except of course for myself.

Bob.  In our area, a person must be a licensed sales person for 3 years before they can take the course and test for the broker's license.  I don't believe that 3 years is long enough. 

Frank and Sharon.  That's my practice too.  Train then supervise.

Mike.  The listing is post dated.  It goes into the MLS AFTER it is effective. Absolutely nothing wrong.

Steve.  We have them here too.  They are recruiting mills.  Little training or supervision.  Since there is little to no enforcement of license law or COE or MLS rules, they just go on and on.

Justin.  I don't believe that a broker should answering questions of an agent that isn't under their supervision. 

Ben.  My pleasure.

Susan.  Funny.  I do know an agent who joined an office in MD and she was given a list of addresses to go knock on the doors.  She had passed on coming with me thinking the big company. . . . . .  HA!  She called me that day and became a very good agent.

 

John.  Team leaders of course always have the broker for back-up.

#32.  You are absolutely right.

#33.  Thanks.  Joyce is a pro.  Indeed. I trained her as a new licensee and she developed into a wonderful agent and is not a hard working broker.  We still consult and I refer a lot of business to her.  I trust her to take good care of my buyer referrals.

 

 

Sep 19, 2009 09:49 AM
SarahGray Lamm
Allen Tate Realtors Chapel Hill, NC 919-819-8199 - Chapel Hill, NC
Realtor - 100K Hours of NC Real Estate Experience

Well said and right on point! A broker in charge needs to be available or make it clear who is covering for him/her at ALL times...when it comes up, the question needs to be answered by someone with company authority and experience and the humility to know when it needs to be kicked up even higher, including to the state commission if necessary!

Found your post thru Mike's reblog and glad I did!

Sep 19, 2009 12:07 PM
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com

Lenn, I pride my self on the service I provide my clients, my agents. I think of my agents just as I do my buyer and seller clients. All questions need to be answer in a fast and accurate manner.

Sep 19, 2009 12:49 PM
Randy Hooker
Dreamcatcher Realty / Greater Phoenix Area - Gilbert, AZ
Gilbert, Chandler, Mesa, Queen Creek

Still loving you, Lenn!

Sep 19, 2009 02:34 PM
Tina Merritt
Nest Realty - Blacksburg, VA
Virginia Real Estate

C'mon Len!  Why should Brokers offer any type of post-licensure education?  That would take time and effort.  And then, the agents might get mad that they are being expected to attend training and GULP! might go to another Broker who doesn't do training and will hire anyone who can breathe and has a license!

Tina in Virginia

Sep 20, 2009 07:13 AM
Laurie Mindnich
Centennial, CO

Lenn, when I commented to someone that taking time with REO offers for agents that hadn't done them required patience and a quick bit of education, I was met with, "that's their brokers job." Having read this, really, it IS- where are these brokers when they are most needed?

Sep 20, 2009 10:55 AM
Mark Velasco
West Shores Realty - Whittier, CA
Top Producing Broker Associate

This is very true Lenn. Many Brokers have no idea what is going on with their own agents. NOT GOOD.

Sep 20, 2009 01:02 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Sarah.  Glad you stopped by.  I love reblog.

Frank.  Fast and accurate is essential for good real estate practices.

Randy.  The feeling is mutual.  Nice to hear from you old friend.

Tina.  Take you tongue out of your cheek.  One reason to provide post licensure education and training is because the law requires supervision by brokers of agents whose license they hold.

Laurie.  Some are out selling real estate.  The rest of them are recruiting.

Mark.  Sadly that is true. 

Sep 20, 2009 10:02 PM
Earleene Woods
Keller Williams Experience Realty - Murray, KY
ASP, CRS, GRI

Lenn

First off, it really bothers me that several of these comments interchange COE and state law.  

The situation that BB spoke about in his post is illegal by Kentucky law even though it is permitted by NAR's Code of Ethics (see my response #183 on his post)

Laws vary from state to state and state law supercedes the code of ethics.  Agents need to understand both.  I noticed one agent that even mentioned losing her license over a COE violation.  Simple elementary information:  You don't have to be a REALTOR to be a REAL ESTATE AGENT.  A real estate agent does not have a code of ethics but they do have to follow the law.  I don't know about you state association, but our state association does not have the power to pull our license.

You know, I have found that if I have to pick something apart to make it be okay then I shouldn't do it anyway even if everyone is telling me it is okay.  

What is popular is not always right 

What is right is not always popular

 

 

Sep 21, 2009 12:29 AM
Alyssa Roccanti
Savvy + Company Real Estate - Huntersville, NC

Lenn,

I agree with this article and what you're saying. Being new to the business if I don't know an answer I say that's a very good question and I will get back with the answer. I do not want to be held liable for something I say that might not be true. I have been reading up on license law and my broker is very accesible to answer my questions and looks over my contracts.

Sep 22, 2009 04:47 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Lenn, just read that & added my comment similar to your post here.  If you have a question about this stuff (which you do based on the ridiculous comments I've read) you better ask your broker before your license is in jeopardy.  I was also surprised that no one has taken a listing on the day the other one expires?  Never had a question to do it correctly?  Well, BB started the questions, so get the knowledge needed.

Sep 22, 2009 05:15 AM