realtor code of ethics

"Did you get the contract signed by your seller?”  The offer expired yesterday!

"Why won’t your buyer sign the document?”  We need it now for short sale approval!

"Your seller did not sign the earnest money release!”  We’ll go to court.

Guess what?  You cannot make your buyer or seller DO anything.  You can relay a message.  You can make a suggestion. You can advise they speak to an attorney.  But you cannot MAKE them do anything.  

This week I had two unfortunate calls from other brokers.  One stated his buyer would go to court and it would be "ugly” if my seller does not sign a release of contract.  The other broker called one of my agents and threatened that if our buyer didn’t sign a document, he would be in violation of the contract.

Well, you know what? That is not my decision nor your decision to make.  That’s the buyer’s or seller’s decision.  They can choose not to sign, they can choose not to respond by deadlines and they can choose to take no action.  All you can do is tell them what the deadlines are (that they should be able to read on their own) or relay a request.  Sure, you can relay a threat, too. 

All too often I see agents act like attorneys.  I see them get emotional and insert themselves into contracts.  They are treading on dangerous territory.  The Realtor Code of Ethics states we cannot practice law. 

Article 13

Realtors® shall not engage in activities that constitute the unauthorized practice of law and shall recommend that legal counsel be obtained when the interest of any party to the transaction requires it.

So, skip the strong arms tactics. We all wish our sellers and buyers would comply with contracts and deadlines.  Sometimes they don’t.  Leave the deciding to the client.

It's Wendy!

Wendy Rulnick, Broker, Rulnick Realty, Inc.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email Wendy: itswendy@rulnickrealty.com

Destin FL Real Estate

Destin Short Sales & Pre Foreclosure Help.

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Wendy is a short sale and pre-foreclosure specialist and has been featured in "Kiplinger Personal Finance Magazine" and "Florida Realtor Magazine". Call Wendy Rulnick, Broker/Owner,to list and sell your home or condo on the Emerald Coast of Florida in Walton, Okaloosa and Santa Rosa County-  Destin, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Crestview, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field. 

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54 Comments on You Cannot "Make" a Buyer or Seller Do Anything

20 Most Recent Comments Displayed Show All

AUG
31
2010

Wendy,

Further to that. We are in the business of calming people. Lots have buyers blues and it's our duty to put their fears to bed.
12:16am • #35

Wendy,

Great Post its so difficult to deal with sellers especially when its a short sale.

 

Victor
12:59am • #36
586,244 Points 4 Featured Posts Outside Blog Called Shot Master

Wendy,

Very well said.  Also I am amazed when an agent says I will or will not let my client do a certain thing.

We give advice and opinion we do not make or let.
6:25am • #37
1,048,152 Points 396 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Wendy. So true. And very annoying. I have a seller right now who will not sign the deposit release. And rightfully so. The BA keeps sending me emails blaming the sellers for taking it out on the buyers and blah blah blah. What she hasn't sent me is the mortgage denial letter. Go figure.
6:26am • #38
560,607 Points 18 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I find this with a lot of agents in NJ.  But over the years, I've learned to keep my mouth shut and let the other agent rant.  Sometimes they know better, but not too often!
6:44am • #39
187,855 Points 15 Featured Posts Localism Sponsor Called Shot Master

Amen! I think that perhaps sometimes these agents are just desperate for a closing and will do whatever they can to "make" it happen.
8:01am • #40
1,949,535 Points 478 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

The more experience an agent has with actual closed transactions, the more trust the consumer will have in our advice. 

We can't MAKE them do things, but if they trust us, they will listen.
8:52am • #41
620,093 Points 8 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

BRAVO, You can only advise them but not force the horse drink the water.
9:06am • #42
424,967 Points 39 Featured Posts Hit Router Called Shot Master

Claudette - I might borrow your comment as my canned response.

Lane - I'd love to hear your canned response!
9:19am • #43
878,837 Points 75 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

In these situations you just need to keep your cool. There are many agents that make themselves look silly with their bravado and threats.
9:30am • #44
730,035 Points 15 Featured Posts Outside Blog Called Shot Master

Wendy, this is so true. Our job is to educate and advise our clients. Idle threats from other agents doesn't hold much water.
9:31am • #45
309,748 Points 28 Featured Posts Outside Blog Called Shot Master

Wendy - very insightful post. When my clients delay response, I send an email or fax to the other Realtor that the request was sent to our client and due to our client's scheduling constraints or lack of access to technology more time is needed.

Early communication with the other Realtor will often quell their frustration and the pressure they are receiving from their client. Otherwise they think we and our clients are arrogantly ignoring them and dismissing the value of their time.
9:49am • #46
940,594 Points 94 Featured Posts Outside Blog Attended Rain Camp

I know that some agents are really, really focused on commission. It is vital to stay focused on not using strong arm tactics; they'll come back to you in the end.
11:20am • #47

We are here to help advise our clients to make good sound decisions, but ultimately it comes down to them. It's a safe bet to let them make the actual decision and document it!
1:41pm • #48
24 Featured Posts Outside Blog

So true, so true.  I am constantly telling clients that I cannot make anyone to anything.  I am simply the middle man.  Based on my experience I can tell them some of the consequences of such decisions but I cannot and will not make a decision for them.  Too often I see agents acting like bullies.  Not only does that tactic not work, it's usually counter productive.  Thanks for the post.
2:29pm • #49
550,593 Points 110 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Wendy...

Oh please. I have guns and know exactly when to use them :)

TLW...ROAR!
5:35pm • #50
429,479 Points 43 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Hi Wendy...Perhaps for some it's a power thing.  They try to sound as if they are the decision makers.  We are advisors.  The buyers and sellers make the final decision.  I'd hate to think someone bought or sold a home because I told them to.

Kate

 
7:20pm • #51
1,125,605 Points 90 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Can I copy this and send this the the BUYER who called me (I represent the seller) to threaten me I'd better MAKE my seller sign something.

Um, no. I cannot do that. Sorry. He'll sign if and when he chooses.
7:33pm • #52
725,700 Points 63 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Hi Wendy... I hate when agents threaten agents.  There simply is not a good enough reason to have to do it... no matter how much it might make someone feel good (and less helpless) to do it.
11:48pm • #53
SEP
01
2010
849,582 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Wendy, we can’t make anybody do anything … it’s unfortunate that some agents treat transactions as if they were their own. I like your reference to the Realtor Code of Ethics … what about all the agents who are not Realtors?
12:18am • #54

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Wendy Rulnick Destin FL Real Estate

Destin, FL

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Rulnick Realty, Inc.

Address: 12889 Emerald Coast Pkwy West, Ste. 107-A, Destin, FL, 32550

Office Phone: (877) 487-9639 x 204

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Author Bio: Wendy Rulnick, Rulnick Realty, Real Estate Broker in Destin Florida and all surrounding towns

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