NAR ethics - Realtor code of conduct

We've had our attorney writelanguage that we insert in to offers that makes emailed paperwork legal and binding. I don't know how someone is going to make that fly for texting.

I've found it important that in the interests of my client, I go get signatures when ever physically possible. There is no excuse for an agent to be on vacation and claim they'll do it later do it later. If he doesn't have anyone in town covering for him, the I would call his broker. We need to get these things in ink.

Sorry you had to be a victim this time.

Russ,

It is not a contract until it is a signed contract.  I have been at homes getting signatures and out dropping contracts to agents at midnight, so I can know I have a contract and can sleep.  Because stuff happens.  It is part of the profession.

I have a listing under contract. 

If I receive an offer today, or ten minutes before closing, I MUST convey it to the seller.  And the SELLER makes the choices how to proceed, with my advice.  That may include the Seller choosing to accept the later offer and reneging on the first contract.  That advice may include, "Before you proceed with that decision, I highly recommend you seek legal counsel."

Nothing unethical in your description.  Unfortunate, yes, but the other agent had to present the offer.

I am thinking that you may have a case against the seller and the agent. Acceptance occurs when there is a meeting of the minds, and the delivery has occured. If you can prove delivery, within the acceptance period, then I think a jury would rule in your favor. Now, your client will not get a house because the judge normally will not force the deal through, but you have earned a commission and can take the agent to arbitration to collect it.

You pay a lot of money in dues to an organization that is supposed to prevent this from happening, and the new electronic delivery of acceptance should be binding. I might suggest you talk to your board about a grievance hearing and go after your commission and if you win, share some with your damaged client when they do finally find a home. Yes, that is legal also.

You are preaching to the choir on this one Russ. The code was written in simpler times when a handshake and your word were more important than any thing written on paper. Definately an issue that needs to be addressed at a national level.

I agree with Glenn, if the agent is non responsive to get actual signatures, I would get the Broker involved.  We owe that to our clients to work in their best interest.

Laws and regulations seem slow to keep up with technology.  Over the course of my 25+ years of real estate appraising, the evolution has been dramatic.  I started filling out blank forms by hand for a typist to enter.  Pictures were taped on the reports and several copies were hand-delivered to the lender since most loans were locally done.  Laws and regulations have changed to allow electronic signatures and transmittal of reports as well as many other changes.  Bottom line though, we need to be directed by our conscience as to the correct way to operate our businesses.  The agent who backed out of the sale will indeed reap negative consequences, maybe not on this deal, but in the future.  As word spreads, their listings won't be shown and they'll be forced to complete and submit repeated contract addenda since their word cannot be trusted.  In the meantime, Russ, you'll be sleeping like a baby knowing you've performed ethically.  By the way, hope you're feeling well after your recent hospital stay.  

I had a situation like this two weeks ago.

We ultimately got the house. But, the sellers had not signed just agreed and it was said so via email.

We did have to up our offer 11,500.

That is awful, in Wisconsinyou could not rely on a verbal acceptance. It would be more than unethical, it is illegal. I would have hand delivered it, if necessary, for the vacationing agent to insure that was signed. If we represent the buyer and the listing agent is unable to complete their duties, we can. You party should get an attorney involved.

REALTORS who violate the REALTOR Code of Ethics deserve to have complaints filed against them.