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Is Your Realtor Starting Off on the Right Foot?

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Real Estate Agent

Is Your Realtor Starting Off on the Right Foot?

Today, I had two appointments with people who are getting ready to list their homes for sale in Sharon MA. This was the first time I had met either of them. One of the first things I did was to give them the Massachusetts Mandatory Licensee Consumer Relationship Disclosure form. Long title, I know! Both times the sellers said to me, "I've met with other real estate agents and no one else has given me this form."

The second paragraph Massachusetts Mandatory Licensee Consumer Relationship Disclosurestarts with, "All real estate licensees must present this form to you at the first personal meeting with you to discuss a specific property."

Please notice the words "madatory" and "must". This form is not optional. The reason this form was created was to make sure that whether you are a buyer or a seller you are very clear as to whether the real estate agent works solely for you or not.

News and Information on the Sharon Real Estate Market www.livesharon.com

 

 

 

 

 

 

 

This form is not an agreement or contract. It does not require you to hire the agent to work on your behalf. Your signature on this form simply indicates that you have received the form, and read the information in the disclosure.

There are five types of agency representation. A real estate agent can represent you as a Seller's Agent, a Buyer's Agent, a non-agent Facilitator, a Designated Seller's or Buyer's Agent, or a Dual Agent.

The law requires that your real estate agent identify what type of agency he or she is proposing. In the case of Designated Agent, or Dual Agent, written consent is required from both the buyer and the seller.

Your real estate agent must give you this form at the first meeting to discuss a property. If he doesn't, he's not starting off on the right foot.

If you want to sell your home in Sharon MA, please call me for a Free Market Analysis. When we meet, I'll be bringing this disclosure form with me!

Nina Rogoff, Top real estate agent in Sharon MA 02067

Posted by

Nina Rogoff and The Results Team!

RE/MAX Executive Realty

781-883-3764

www.ninarogoff.com

Marge Piwowarski
Phoenix AZ Horse Property - Phoenix, AZ
Phoenix AZ Horse Property, LLC

Nina, I trust you got both listings?  Good for you!  Agency disclosure is a part of our contracts, not a required disclosure.  It should be.

Sep 20, 2011 05:32 PM
Nina Rogoff
Boston, MA
Wix Websites for Real Estate Agents

It definitely should be, Marge. I think it's the only way to guarantee that fair representation for sellers and buyers...especially first time home buyers.

Sep 20, 2011 06:05 PM
Debbie Gartner
The Flooring Girl - White Plains, NY
The Flooring Girl & Blog Stylist -Dynamo Marketers

Wow, that is interesting that it's mandatory and yet so many don't share it at the first meeting. It makes you wonder.

Sep 20, 2011 09:53 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Nina.....There are still many agents who do not fill out that agency disclosure form until after all is done!!!

Sep 20, 2011 10:48 PM
Carol-Ann Palmieri
RE/MAX Executive Realty, Al and Cal Realty Group - Franklin, MA
"Cal" the Real Estate Gal

Hi Nina.   It happens with Buyers too.  It is amazing how many have been looking at homes and have not seen that form. 

Sep 20, 2011 11:37 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Nina, the agency form here must be signed prior to an offer here...i do agency at the very beginning & clients have no idea that when they are working with multiple realtors, which some do unknowingly to an agent, that each of those agents do not owe them ANYTHING because they have not signed the form!

Sep 21, 2011 12:28 AM
Christine Smith
Buyers Brokers Only LLC - www.BuyersBrokersOnly.com - Canton, MA
Exclusive Buyer Agent & Attorney, Canton, MA

Nina.....it amazes me when I meet with buyers & find out that they have not seen this form before if they've met with other agents.  It is MANDATORY!  Usually, I try to email it to the buyers before we meet, with an explanation, so that when I present it in person & explain it again, they've had a chance to look at it.  This & the Lead Paint form are the two biggest violations I see constantly.

Sep 21, 2011 01:53 AM
Wanda Thomas
Montana Homestead Brokers, Broker, CRS, GRI, SFR, RN - Billings, MT
Billings Montana Real Estate

The disclosure is just that, a disclosure.  I suspect that the agents who have delayed this form are uncomfortable with having people sign things at their meetings, or at least until they have developed a relationship with the clients.  I understand this discomfort, but, the reason for the disclosure is because there needs to be that understanding BEFORE THE RELATIONSHIP DEVELOPS. 

Maybe a post about how people like to handle this verbiage would be a good one, might help some people.

Sep 21, 2011 02:58 AM
Nina Rogoff
Boston, MA
Wix Websites for Real Estate Agents

Hi, Luz! When you say contracts, do you mean the Buyer Representation Agreement or Exclusive Right to Sell Form?

Debbie...it does indeed. In fact, at our Meet Up, we were talking about how even long term agents have been working a certain way for decades thinking it's the right way something is done, when in fact it is incorrect. If you didn't learn properly in the beginning, and if your office is sloppy about forms, you may never know how to be an outstanding agent.

Barbara...and possibly not even then if their office is not on top of keeping the proper paperwork.

Carol-Ann...when my husband and I bought our first home, we called the agent on the sigh. Boy, were we naive. He never told us that he represented the seller and we never knew that either. It became apparent when we weren't allowed in for a walk through before the closing!

Ginny...just as consumers have become savvy about finding properties on the internet, and following sales and market information, they need to become educated about the benefits of representation, and how real estate agents work so they can choose the right person to work with them.

Christine, I agree! I often have to chase down an agent and get the lead form from them.

Wanda, good point. Some agents are not sure enough about the value of their services and hesitate to ask a buyer or seller to sign anything. I always explain that the disclosure form is not an agreement or contract and doesn't lock them into working with me if they decide not to. I like the blog post suggestion, too! :)

Sep 21, 2011 05:03 AM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
RealtorĀ®, Springfield Mo Real Estate

Nina, it's nice to see someone working by the book.  I carry our agency disclosure in my briefcase.  Good reminder for all of us to follow the rules.

Sep 21, 2011 03:41 PM
Nina Rogoff
Boston, MA
Wix Websites for Real Estate Agents

Thank you, Kay! Carrying copies of it in a car file box, or in a briefcase is an excellent idea!

Sep 22, 2011 02:30 AM
Nina Rogoff
Boston, MA
Wix Websites for Real Estate Agents

Hi, Luz, I emailed you offline to answer your question about comments. I wanted to make sure you saw the response. I'll answer here, too, just in case. Right above the space where you write your comment is a checkbox that says "Notify me of new comments". If you click on that little box, you will get an email whenever there is a new comment. Thanks for asking!

Sep 25, 2011 07:40 PM
Lorraine or Loretta Kratz
Crescent Moon Realty, Inc. & Land N Sea Auctions. - San Marcos, CA
Certified Negotiation Consultants

Here in California we are suppose to introduce this information ASAP, do agents do it I suspect they do not. California does not use the verbiage mandatory, or must. I do believe it should.

Dec 22, 2011 11:50 PM
Nina Rogoff
Boston, MA
Wix Websites for Real Estate Agents

Good morning, Lorraine and Loretta...You're right, without the word mandatory...and probably some consequences in place for not giving it out...there's a lot of room for agents to decide on their own. I think the threat of "fines" in MA probably helps many brokers require this form for their files. Sadly, some agents still don't give it out until the closing. The more we educate consumers about the real estate transaction, the more they will come to understand what to expect, and what their "rights" are.

Dec 23, 2011 01:58 AM