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"LENN, I'M SURE YOU'LL BE FAIR WITH EVERYONE WHILE HELPING ME FIND A HOME."

Reblogger David Krushinsky
Mortgage and Lending with Reasy Financial LLC NMLS 2446155

Lenn Harley explains how a GREAT agent should represent their clients. 

Lenn represents clients in Maryland and Northern Virginia looking to purchase a home.  I highly endorse Lenn's expertise after reading her blogs for the past 3 years and being a student of her wealth of information about real estate related topics. 

Original content by Lenn Harley 303829;0225082372

"LENN, I'M SURE YOU'LL BE FAIR WITH EVERYONE WHILE HELPING ME FIND A HOME."

That statement was made by a buyer with whom I'm working looking for a small horse farm. 

"NO, NO, NO", I SAID, LOOKING HIM IN THE EYE.

"NO, I WILL NOT BE FAIR."

I was explaining the agency laws in Virginia.  He knew that I would be his "Buyer's Broker".  He also thought (wrongly) that I would treat everyone fairly.

NO, I WILL NOT "TREAT EVERYONE FAIRLY".  What I will do is treat everyone honestly.   Bid difference.

This post inspired by a statement I read in a post by a member explaining the agency laws in New York.  Now, it's possible that New York license law includes the word "fair" in their description of the duties of a real estate agent or broker.  He was describing the different types of agents/brokers and representation, buyer/seller agent, transactional agent and dual agent while representing buyers, sellers, landlords and tenants. 

He also stated that" In all instances[Broker] treats all parties fairly and honestly."

WOAH!  Lest someone buying a home in Maryland or Northern Virginia and is working with Lenn thinks Handthat Lenn will treat everyone FAIRLY, let me disabuse you of that notion.   Honestly? YES.  Fairly?  NO.

The buyer looked at me with curiosity, so I explained.  Someone had told him that when they purchased his home 5 years ago.  Well, that was Georgia, I don't know Georgia license law.  I do know license law in Maryland and Virginia and the REALTOR® Code of Ethics.  Neither requires that an agent/broker representing a buyer/seller client treat everyone fairly.  In the past, the REALTOR® Code of Ethics did, but that was removed from the COE some years ago.  This buyer understood that I was his agent, but the matter of "FAIR" hadn't come up, probably because the word "FAIR" was nowhere in the agreement. 

I told the buyer that "I will represent you in all matters of your real estate transaction.   I will advocate for you and your interests.  You will know what I know.  I have no interest in being fair.  I want the best result for you."

"THAT'S VERY INTERESTING LENN.  I like that."

Later, when we visited an Open House, in which the listing agent was present, I reminded him that, since I have no interest in being fair to sellers, the same applies to listing agents representing the seller.  There is no requirement that they be "fair" to you.  So, don't reveal any personal information to the listing agent.  I'll sign the sign in sheet with my information.  Direct all questions to me.  If this property turns out to be of interest to you, you don't want the listing agent to know your motivation, price range, or any other matters that could give the sellers a negotiation advantage. 

HE SMILED QUIETLY, LIKE A LIGHT BULB JUST CAME ON AND HE COULD SEE THE LIGHT!

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Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988.

A MESSAGE FOR HOME BUYERS IN LOUDOUN COUNTY, VIRGINIA Lenn

Search for Active Listings of Loudoun County Real Estate for Sale.

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About the Author

My name is David Krushinsky and I am a Phoenix mortgage specialist that is truly passionate about my profession and the result is that nearly 100% of my business is by referral from satisfied clients, trusted financial advisors and the most experienced REALTOR®'s in the Phoenix area.
Questions? Call 480.339.1576 or Visit My Website

Frank Castaldini
Compass - San Francisco, CA
Realtor - Homes for Sale in San Francisco

Good food for thought.  Made me look up the definition of the word "fair."  Based on that I get it.  Otherwise I believe in respectful and reasonable.  Of course our fiduciary responsibility is spelled out in agency disclosure here in San Francisco.  Thanks for jogging the mind.

Jan 15, 2011 04:00 AM