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King For a Day Series – Real Estate Agents

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Real Estate Agent with eXp Realty 2021016812

King For a DayOK, here is the one you were waiting for.  If I were King For a Day what changes would I make to the real estate industry in the area of real estate agents and realty companies to better protect the public?

I have read thousands of news articles and blog posts, sat through hundreds of hours of training classes and meetings and participated in many real estate transactions.  Through these experiences, I have formed some very strong opinions about changes I would love to see in our industry.  This blog post is the final one of a small series of articles that pick on several parts of the real estate industry.

As in the other segments I would insert more accountability into the process. 

If I Were King, These are a Few Things I Would Change:

  • Real Estate licensees must be full time professionals. (This one will get a lot of responses.  If I am King that is how it will be.)
  • The NAR Code of Ethics would be enforceable by the state regulators on even those who are not members of the NAR.  The Code will only be a starting point.  (I would add a few more.  That will be a post of its own.)
  • Errors and omissions insurance will be required for anyone with a license.  Currently it is not required in our state, only by most brokers.
  • Increase the educational requirements to get a license.
  • Increase both the hours of continuing education and quality of the classes to renew a license.
  • Not allow real estate licensees to do mortgages, home inspections, sell home owners insurance, do escrows or appraisals. (Dual services on a transaction will be illegal)
  • Real estate Companies can not own or be owned by:
  •        -  Escrow Company
  •        -  Mortgage company or lending institution
  •        -  Home owners insurance company
  •        -  Home inspection company
  •        -  Termite inspection company
  •        -  Appraisal company
  • A real estate agent can not use a spouse or any relative 1st cousin or closer for any of the above service in one of their transactions.
  • Any kick backs from service providers is a jail able offense.
  • Outlaw dual agency.  To make this a doable thing, designated agency would also be law in every state. (In Hawaii we do not have designated agency.  So every deal that two agents from the same company are involved is a dual agency)
  • Require all agents to return phone calls.
  • Not allow agents to post listings in the MLS without pictures.
  • Posting false information in the MLS will be a jail able offense (just kidding, well maybe not.  If I am King I might do that).
  • Peak-a-boo view (standing on a chair in the upstairs back bedroom) does not count as a view
  • Needs paint and carpet and the termites holding hands are holding the roof up is Not Excellent Condition!
  • The side of a cliff is not a gentle slope.
  • If you have to ask or you are not sure about it, it should be disclosed.
  • If you can not use a computer, properly fill out a contract or use the fax machine your license will be taken away. (sorry if this hits home with anyone)
  • If you charge a fee and do not provide proper service you loose your license. (If you are not sure if you are providing proper service your client will know when they do not get it, otherwise check with the King for a Day.)
  • If you are servicing a transaction you are required to follow the timeline.  Not work at your own pace.
  • Designations would be a minimum expectation.  GRI within the first two years would be mandatory to keep your license.
  • All companies will provide agent training whether done in house or hired out.
  • Create a job training program for those who should not be in this industry to teach them how to cut hair or flip burgers. (Since I will never be King, this one will never happen.)

I run into many REALTORS® and real estate agents who are non-REALTORS®, who have no idea what is legal or ethical.  Just like in the lending side there is a large number of agents running around with absolutely very little training and have no idea what they are doing. 

The one good thing is there is recourse for the public.  If they use a REALTOR® the public can go through the local Board with a grievance.  Most REALTORS® such as me carry Errors and Omissions Insurance.  In Hawaii they also have state regulatory agencies and a state recovery fund to go after if they have exhausted all other legal avenues. 

We are speaking about folks who are handling the biggest purchase in most people's lives.  They need to be held to the highest standards.  If they are not comfortable with that concept they really should find another line of work. 

I am a REALTOR® and I am good at what I do and take pride in my profession.   I have very little patience or respect for anyone in this line of work that does not conduct themselves in a professional manner.

 

Other King For a Day Posts:

Posted by

 

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Randy L. Prothero, REALTOR®

Broker-in-Charge, ABR, AHWD, CRB, CRS, e-PRO, GRI, MRP, SFR

eXp Realty

Team Leader - "The Prothero Group"

Randy Prothero is well established as an expert in working with military / VA clients and first time home buyers.  His home seller's (listing) campaign is one of the most aggressive marketing programs in the area.  His luxury home listings sell faster and for more money.

Based out of Mililani, Hawaii. Randy services the island of Oahu (Honolulu County) Performs mediations and ombudsman services for the Board of Realtors.  To improve overall professionalism in his area Randy also offers classes for real estate agents. 

www.HawaiiRandy.comOahu (Honolulu County) Property Search  Hawaii Military Relocations

Comments(40)

Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA
Bring back the monarchy!
Oct 30, 2007 03:39 PM
Vicente A. Martinez
Prudential Douglas Elliman Licensed Real Estate Salesperson - Woodhaven, NY
Realtor, Brooklyn - Long Island - Queens Homes
Randy, I'm with you on the ALL those changes. Best of luck and keep doing what you do.
Oct 30, 2007 04:07 PM
Irina Netchaev
Pasadena Views Real Estate Team, Inc. - Pasadena, CA
Pasadena CA Real Estate
Randy, love your list!!!  I especially love the one about listings without pictures should not be allowed in the MLS.  How easy is that to change the behaviour of the lazy agents out there?  I nominate you a KING... ta ta!
Oct 30, 2007 04:32 PM
Ginger S
Wilkinson & Associates, Wilmington NC - Wilmington, NC
Wilmington NC Real Estate & Relocation~

Good one. another

If you keep your license active, but do not belong to any MLS, you can not make a full commission from a sale to friend or a relative...

Oct 30, 2007 04:45 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

janeAnne - Thank you

Pete - I agree completely

Carol - :-)

Oct 30, 2007 06:35 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Vincent - Thank you

Irina - I think that should be added to the COE.

Ginger and Roger - I totally disagree with an agent who does not join MLS.  How can they properly service a client?  I do not know of any who do it full time.

Oct 30, 2007 06:45 PM
Matthew J Blum - (retired from the business)
Palm Beach Gardens, FL

Randy, Nice serious of posts. Although to be honest I was not to crazy about the mortgage one. (maybe I am to sensative) But I really agree with you on this

  • Real estate Companies can not own or be owned by:
  •        -  Escrow Company
  •        -  Mortgage company or lending institution
  •        -  Home owners insurance company
  •        -  Home inspection company
  •        -  Termite inspection company
  •        -  Appraisal company
  • I really think you are so right on this point

    Oct 30, 2007 10:51 PM
    Neal Bloom
    Brokered by eXp Realty LLC - Weston, FL
    Realtor CRS-Weston FL Real Estate

    Randy,

    Isn't it interesting who left comments and who didnt on this one? It seems to be a one sided thought to some...get my drift? But hey...the blog is still early:)

    Oct 30, 2007 11:07 PM
    George Souto
    George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
    Your Connecticut Mortgage Expert
    Randy that is some list.  I do have a question on I believe number #8 "A real estate agent can not use a spouse or any relative 1st cousin or closer for any of the above service in one of their transactions."  I was under the impression that all transaction already had to be Arms Length.  I say this because I have a Realtor that I do business with and her husband is an Appraiser.  I have used him a couple of times, but never on a transaction that she is involved in because our Company wants to make sure that all transactions are Arms Length. So this one surprised me because I thought that everyone followed that.
    Oct 31, 2007 05:24 AM
    Randy L. Prothero
    eXp Realty - Hollister, MO
    Missouri REALTOR, (808) 384-5645

    Matthew - I have dealing with service companies that are tied to real estate companies.  I have had bad experiences and I think it is criminal that agents and real estate companies push their services on their clients.

    Neal - It is early.

    George - I have had a couple of them.  In both cases they failed to disclose.  The last was a really ugly one that fell out of escrow the day of signing.  The loan officer was the agent's cousin and they did not disclose that.  I found out well into the transaction.

    Oct 31, 2007 08:02 AM
    Tom Cunningham
    Agent Support 360 - Austin, TX

    Hey Your Highness,

     How about elimination of the marketing services agreement?

     

    Nov 01, 2007 10:44 AM
    Randy L. Prothero
    eXp Realty - Hollister, MO
    Missouri REALTOR, (808) 384-5645
    Tom - I am not too familiar with them.  What experience have you had with them?
    Nov 01, 2007 12:39 PM
    Tom Cunningham
    Agent Support 360 - Austin, TX

    Only seen one or two that ever worked out. Not worth the trouble most of the time. Problem is, a lot of folks on your side and mine don't really understand what they are. A green LO will think he can use it to buy his foot in the door of a high production office, and high maintenance (notice the use of the word "maintenance" in liew of the of the word "producing") Realtor will use it to try and sqeeze an LO for a monthly stipend. Sometimes you can actually see the eyes start shifting when you tell them that any MSA you enter in to has to be reviewed and approved by your corporate complaince dept and that Respa Section 8 is very clear about what constitutes compliance. Too much negative energy down that road and no way to begin a relationship in my opinion...

    Don't get me wrong, I love to co-market with my Realtor partners. Joint promotion is a fabulous and fun way to make your business grow. But I don't go there until a history of transactions that establish a track record of competence, integrity, trust and professional chemistry has been established. When you know you enjoy doing business with someone, you don't worry about whether or not they'll respect you in the morning if you co-sponsor an event.

    That doesn't comes from mutual trust, respect and partnership, not from an MSA.

    Nov 01, 2007 02:58 PM
    Randy L. Prothero
    eXp Realty - Hollister, MO
    Missouri REALTOR, (808) 384-5645
    I do not have any and will not have any pre agreed upon relationships with vendors.  I have to earn their trust everyday and they have to do the same with me.  I feel that keeps things fair for our clients.
    Nov 01, 2007 05:50 PM
    Tom Cunningham
    Agent Support 360 - Austin, TX
    Exactly.. That's why I'd like to see them go away all together.
    Nov 02, 2007 03:32 AM
    Randy L. Prothero
    eXp Realty - Hollister, MO
    Missouri REALTOR, (808) 384-5645
    I understand what you were referring to better now.  That is a business practice that seems to spit in the face of the fiduciary relationship with your client.
    Nov 02, 2007 03:50 AM
    Tom Cunningham
    Agent Support 360 - Austin, TX

    Thank you. I realized later that I didn't really explain how they are supposed to work and I apologise for that. If you'd like, I can email you an example of a RESPA compliant agreement. The basic canon is, that a mortgage company can pay a Realtor (usually a broker) a fixed amount of money for "a thing of value". You can see how ambiguous that is.. It could be office space/desk rental, or marketing, commercials or whatever, in exchange for agreeing to promote the mortgage company as a preferred lendor. I have some very strong opinions on them...

    I once had a Realtor who kept putting the squeeze on me for an MSA, saying "There's a lender on every corner and every one of them wants my business." I said "I've closed loans in 48 hours for you, never left you guessing and never missed a closing date.  When you've asked me to participate in co-marketing events, I've never said no. When is my hard work and performance going to be enough?" She looked my straight in the face and said "Never". 

    That was all I needed to hear. I mean.. You've probably seen my picture.. Do I look like Lady Marmolade? Unfortunately, there seems to be a lot of that going around and it's a cancer in my opinion.

    Nov 02, 2007 04:53 PM
    Randy L. Prothero
    eXp Realty - Hollister, MO
    Missouri REALTOR, (808) 384-5645
    Tom - I choose to avoid doing business with people with attitudes like hers.  Life is too short, I would rather spend my time finding quality clients and quality vendors.
    Nov 03, 2007 05:43 AM
    Anonymous
    Ellen M.

    I have a question.  Is it ethical for a real estate agent to give his/her client a lock box key to the property when he/she is not going to be there with the client for the viewing?

    Sep 10, 2009 08:35 AM
    #39
    Randy L. Prothero
    eXp Realty - Hollister, MO
    Missouri REALTOR, (808) 384-5645

    Ellen - Absolutely not!

    Sep 15, 2009 06:55 AM