The Oregon Real Estate Agency is the State of Oregon's licensing division for real estate licensees. 

Agency news regarding license rule changes, statutes, etc. are published a minimum four times per year. 

It's a good read, and keeps us up-to-date on policies that we need to know about.  Continuing Education was the biggest change in this month's topics of discussion.

This month's issue also held some surprises under the "Administrative Actions."  A broker and their managing broker were in deep . . .

Some of the Bozo no-no's:

  • The broker had two different offers in the office file, on the same deal, from the same parties.  Two different versions of the second offer.  Oopsie.
  • Broker wrote an addendum that didn't identify: the earnest money, the property address, the buyer or the seller -- and obtained signatures.
  • Broker signed the managing broker's name on the listing agreement.
  • Broker initialed the managing broker's initials on an addendum.
  • Broker wrote up an addendum but failed to stipulate it was a seller's counter offer
  • Manging broker failed to supervise broker

The broker obtained signatures on documents that were not properly filled out. YIKES!

The broker signed and intitaled documents with their managing broker's name/initials.  YIKES!

As a result of this, the broker had their license REVOKED!  The managing broker was suspended for 45-days. 

Several years ago, I had the distinct pleasure of representing buyers in a transaction with this (now revoked) licensee.  They represented the sellers.  I won't get into the details -- the deal is done!  But it was a series of oversights on their part.  I happened to catch these "oversights," and before we could proceed to close, I had to work diligently to establish clarity on the sale.  It was complicated . . . when it really didn't need to be. 

The broker had been practicing for 20+ years.  What a shame they had to end their career on such a low.

 

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48 Comments on A Revocation and a Suspension . . . OUCH!

20 Most Recent Comments Displayed Show All

SEP
04
2010
485,145 Points 52 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

20+ years of sub-par real estate activities hurts everyone in the business.  What a relief that that person is out!

4:38pm • #32
484,084 Points 59 Featured Posts Outside Blog Called Shot Master

I had a deal once where I'm sure the agent was signing for his clients using docusign. The documents I sent were coming back WAY too soon. I'm not sure why agents think they can get away with this! Unfortunately most of our CA agents lose their license because of a DUI (DWI in Oregon I think).

5:41pm • #33
265,430 Points 1 Featured Post Outside Blog Called Shot Master

YIKES. This sadly happens way more than it should, and we wind up doing our side of the sale, and most of the other agents part as well. We have to, in order to protect our clients' interests.

Hang in there!

8:11pm • #34
981,924 Points 114 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Hi Charita. . . the principal broker was in cohoots.  They testified that they allowed the brokerto sign/intital for them!  They were COVERING for the broker, in other words.  That's why they got 45-suspension . . . you can't "allow" someone else to sign for you UNLESS they have a valid, legal power of attorney.  AMAZING HOW STUPID the managing broker was!!

Hey Jeff-- Not sure what the first paragraph was all about.  We are BROKERS -- becasue we "broker" the deal.  What difference does it matter what an agent is called?  It confuses no one here.  "Sales Associates" are employed at Sears, and Macy's . . . they make a sale, and don't BROKER a transaction.  Comments are greatly appreciated -- especially when they are relevant and topic specific.

Hi Lisa . . . It was the client that filed the complaint I believe.  They became aware and didn't hesitate to call their agent out on this.  Sometimes people don't know when the wool is being pulled.  When they discover that, they file their complaints.

Hey Victoria -- That's a good idea to get your Principal Brokers license.  If the brokerage has agents working under their shingle, I do understand that someone has to be managing, in charge.  There's office policy, records, etc. that need to be kept kosher.  Lazy managing brokers tend to make for . . . well, things like the above! 

Hi William . . . I could have provided more details -- I could have linked to the PDF stipulated ruling.  I choose to keep my post as written, and not link to the actual pleading.  The "details" of the investigation were not disclosed by the Real Estate Agency.  Their bottom line findings -- which resulted in the stipulated ruling and administrative action -- were.  The guilty don't need to be protected, IMHO.  I didn't want this to become a "National Inquirer" type of scandal post.  EXTREE, EXTREE read all about it . . . just ain't my style.  

Hey Karen. . . oh yeah, the whatever it takes . . . "Oh, it's only a signature . . ."  GEEZ. 

Hi Empire -- Not sure how the findings of fact played out.  The ruling was all I read, and it wasn't the investigation report.  The proof, as they saying goes, is in the pudding revocation. 

Hey Robert. . . Hmmmm . . . now that's interesting.  Our administrative actions are published, but I've never read any about agents' non-real estate violations.  Although, being a felon (selling drugs, assault, etc.) should be cause for suspension, or revocation.  They ding a lot of agents for record keeping, misapporpriation of funds, non-disclosure type stuff.  Escrow officers are also licensed under the Real Estate Agency, so there's quite a few EO who get dinged for not accounting properly. 

Hi Adam-- Apparently, the Principal Broker "allowed" the broker to sign/initial for them.  I think they were just trying to cover for their agent.  "Yeah, I said they could sign/intial for me."  And that's JUST as stupid.  These are legal documents, not a golf score card.  Without the proper Power of Attorney, how can something be legally signed?!? 

Hey Brain . . . I don't think they could be. 

Hi Jeanne -- Quite a few people think real estate is location, location, location.  It's legal, legal, legal.  Contracts are legal documents.   Shame on them is right!

Hey Jennifer. . . The naive clients aren't at fault for being naive, IMHO.  They are engaging a licensed fiduciary, and they go by what they are told, in a lot of cases.  Which gives the NINCOMPOOPS "license" to screw things up big time.  One of the facts is that Principal said they "authorized" the agent to sign/intial for them.  That's why they were suspended for 45 days.  They should have been suspened longer IMHO.  They were trying to cover their agent's butt. I call that "in cohoot nincompoops!"  :-)

Hi Valerie -- you're right . . . it was time! 

Hey Deborah . . . you know, I never think of it as "protecting myself"  I have the duty to protect my clients.  When I do my job, they ARE protected, and therefore no worries.  I'm the type of agent that follows the rules, but I also know what those rules are!!

Hi Marte -- you got a point.  An inadvertent mistake, which is a no-harm, no-foul is one thing.  Deliberate acts of omission, etc. are another.

Hey Peter . . . that's the most interesting comment I've ever read.

HI LARRY -- IT'S RARE THAT THEY'LL CLOSE THE ENTIRE OFFICE DOWN WHEN AN AGENT/BROKER GETS NICKED.  UNLESS THERE IS SOME MASS IMPROPRIETIES AND GROSS VIOLATIONS OF STATE AND/OR FEDERAL LAWS.  I'VE ONLY HEARD ABOUT A LOCAL OFFICE BEING CLOSED DOWN ONCE IN MY CAREER

Hi Gordon . . . The license might be easy to get, but this particular agent had been licensed for over 20 years.  You'd think they'd have gained some knowledge in that time.  Apparently not.

Hey Marshall -- Good rule to follow!!  Thanks for your comment.  A good summation.  And moral of that story is:  Just because it's easy to do . . . doesn't make it the right thing to do.

Hi Lenn . . . That was my thought!  Especially since I worked a deal with this agent a few years ago, and they managed to screw that one up too!!  It closed, but what a pain. 

Hey Kathy -- Sounds confusing, but it worked out in the end.  Good to have someone watching your back!!

Hi Margaret . . . sub-par is RIGHT.  Yeah, one down ;-)

Hey Cynthia -- You know . . . you can just get a sense of the natural flow of a deal, and getting docs too fast would raise an eyebrow for me too.  I remember one deal and the listing agent was also the father of the sellers.  All disclosed . . . but the paperwork had ONLY ONE signature (there were two sellers).  One of the sons signed:  John Doe, et al.  ET AL ?!?  I do know what that means, but that's not what it says on the deed.  To me, it didn't satisfy a fully executed contract the way they signed off.  I pitched a bitch on that.  They thought I was crazy . . . and I thought they were lazy.  GET THE PROPER SIGNATURES or get a POA and sign the dang PURCHASE CONTRACT correctly!! 

Hi Jon . . . you got that right!!  There's been a few holes in my tongue punctured when I've had to bite it . . . in order to just get the deal done, and protect the clients' interests!!  RIGHT RIGHT RIGHT you are sir!!

9:18pm • #35
451,005 Points 10 Featured Posts Outside Blog Called Shot Master

You said: "The broker had been practicing for 20+ years.  What a shame they had to end their career on such a low."

Sounds like that broker needed a lot MORE "practice"...if he had, his career might not be where it is today...

9:44pm • #36
434,222 Points 32 Featured Posts Outside Blog

It's always a shame to hear about an agent being ousted from the business, but I guess we all reap what we sow sometimes.

10:16pm • #37
SEP
05
2010
144,698 Points

That is a shame. I can understand a new agent making these kinds of mistakes, but not someone with this many years of experience. We have to take 6 hours of legal amd Ethics update classes everytime we renew our license here in Texas.

8:01am • #38
1 Featured Post Outside Blog

Carla,

Somehow I have the feeling that licensees like that don't spend much time on ActiveRain.

We've got a few folks like that in the Ann Arbor area but we seem to find it a lot more when we are operating in Wayne County to the East or Lenawee County to the South East.

Right now we have a problem with a broker in the Plymouth area who won't actually read the terms of the contract her seller has signed.

(The Ann Arbor Contract form is different than what her board uses and she is just assuming the terms are all the same.)

Thanks for the post!

10:05am • #39

Great post! Yes, it's amazing how many bozo brokers are still out there getting away with numerous infractions. The only thing that helps, and this takes much effort, is for someone to call them on it. Sadly, this takes so much time and effort that most Realtors don't even make the attempt.

 

10:28am • #40
338,333 Points 3 Featured Posts

Now if we could get all MLSs and boards to enforce rules and procedures....

10:42am • #41
242,006 Points

Sounds like shoddy work and a managing broker that just wasn't paying attention.

12:21pm • #42
981,924 Points 114 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Hi Pat & Wayne . . . just goes to show how someone with many years under their belt can really mess up! 

Hey JL -- the time tested saying rings true once again!

Hi Ann . . . I'm more afraid of the "know it alls" 

Hey Jon . . . thank you for your comments.  The interesting overall of it was that we tend to know the agents who are practicing sub par.  Most annoying!

Hi Sheila -- I believe it was the CLIENTS who initiated the complaint.  I say this because when an agent files against another agent there might not be any breach of fidicuary duties.  If the client files -- there is clear evidence when this happens.  THEN the licensing board can do what they're supposed to, as I suspect happened in this case. 

Hey Heath . . . with my comment to Sheila, above, I do think there's a lot more weight in the complaint when it comes from a client. 

Hi Carrie & Kathy -- Sounds like forgery.

2:58pm • #43
324,624 Points 88 Featured Posts Called Shot Master

One or two screw ups is one thing. But it looks as if these guys do more wrong than right. Oops.

3:43pm • #44
321,764 Points 16 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I agree with Jeff above about the confusion. But in any case, those are pretty serious violations! Glad they are gone ...

3:48pm • #45
SEP
06
2010
106,902 Points 4 Featured Posts Called Shot Master

I think even Bozo would be smarter than that. If the Broker has been conducting business in that fashion for 20 years, It's time the State yanks the license. jay

11:04pm • #46
SEP
07
2010
202,516 Points 11 Featured Posts Outside Blog Attended Rain Camp

Ouch! Crossing I's and dotting T's does pay off. Very good post. Thanks for the info.

12:39pm • #48
111,622 Points 1 Featured Post Attended Rain Camp

Carla: "hacks" like these are a very large part of the reason for the fraudulent activities that got us to where we are now. I am thrilled to see them leaving in droves - either driven out due to lack of business or forced out due to sheet incompetency.

2:07pm • #49
SEP
09
2010
136,554 Points Outside Blog

Wow.  It is amazing what people would do to gain without thinking of the consequences of their actions. 

10:30am • #50
SEP
11
2010
146,424 Points 2 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master
Yikes! Mistakes can happen, but GEEZ! Crazy stuff.
11:26pm • #51

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Carla Muss-Jacobs - Principal Broker/ Owner | Exclusive Buyers Agent |

Portland, OR

More about me…

503-810-7192 | BuyersAgentPortland.com

Address: Beaverton OR, Portland OR, Forest Heights, Lake Oswego, Hillsboro, SW Portland, SE Portland, NW Portland, N Portland, Downtown, The Pearl, NE Portland, Milwaukie, West Linn, Aloha, Cedar Hills, Portland, OR

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Author Bio: Carla Muss-Jacobs is the Principal Broker/Owner of EBA Portland, LLC an Exclusive Buyer Agency representing Buyers in the Portland Metro real estate market since 1999.

The Sellers have their own agent ~~ Why don't you have yours?  

Carla Muss-Jacobs practices the TRUE FORM of Buyer Agency ~~ Exclusive Buyer Agent.  Her office/brokerage never takes listings and never respresents the Seller.  Exclusive Buyer Agency is the BEST form of legal real estate representation a Buyer can have.  There is 100% Buyer Representation - !00% of the Time.  There are NO CONFLICTS OF INTEREST and there is no possibility of ever having YOUR Buyer Agency comprised.  When buying a house -- it's important to know who is working for you!!  



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