A Tough Real-Estate Question to Answer!

I was asked a very interesting question about real-estate; I think it’s worth sharing in AR! Recently I was asked if it’s legal what their listing agent did, “the sellers found out after escrow closed, the buyers ended up being the cousins’ brother in-law to the agent, and the agent doubled ended the listing” (Got paid for both sides, the buyer and seller)!

For those real-estate consumers unaware, the laws and rule of real-estate vary from State to State. There is Article 4 of the NAR’s code of ethics which clearly give wiggle room to this listing agent. The code reads clearly; there would be a violation if the buyers were a member of his “immediate family” There’s some other language that could technically not violate the code of ethics.

I further explained my position on this matter. Obviously if the agent was did not hide any information that needed to be disclosed, it’s most likely going to hold up. I also explained, “A Realtor shall not acquire an interest in or present offers from themselves, any member of their immediate families, their firms or any member thereof, or any entries in which they have ANY ownership interest, any real property without making their true position know to owner or the owner’s agent Broker”!

A Tough Real-Estate Question to Answer!

Like I explained early this real-state question is very complicated, there was much more information needed to see if the agent acted negligently or in error! It’s obvious the seller could have paid the agent less paid more attention, but since the sellers signed the escrow instruction to pay their agent both sides of the commission, they have very little action of recourse. Bottom line for me was, any agent that acts in a deceiving way won’t be around for long, history proves that! A Tough Real-Estate Question to Answer!

Think about what’s right and then do it; I say; “It’s harder to do the wrong thing verses doing the right thing”

 

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8 Comments on A Tough Real-Estate Question to Answer!

JUL
27
2 Featured Posts Outside Blog

Jon,

This makes me nuts, I just saw a listing where the owner's last name and the listing agent's last name were the same very unusual name.  I can't believe he didn't just disclose, we've even added a box to our MLS listing so you can just check it off.  I think the hiding of the relationship is actually worse than the relationship, it makes me wonder if they hid something so simple what else is there.

Tamara

6:55pm • #1
390,197 Points 27 Featured Posts Outside Blog Called Shot Master

Jon: "Immediate family" probably doesn't extend to "cousin's brother-in-law". Still, I would have clued in the seller for sure.

6:57pm • #2
159,952 Points Outside Blog Hit Router Called Shot Master

I don't believe it is a violation...but have chosen to err on the side of caution in these situations...or on the side of disclosure.

7:02pm • #3
1,404,336 Points 54 Featured Posts Outside Blog Called Shot Master

A grey area as far as falmily relationship.

That being said...You are right that every state is different but full disclosure should be made if there is even the slightest chance of a conflict.

7:11pm • #4
424,382 Points 28 Featured Posts Outside Blog Called Shot Master

Tamara~ Hiding information is wrong, although in this case everything was disclosed, the Sellers just did not paying attention..Thanks for your awesome comment!

Hella~ Without question the the agent needs to be more up-front, there's no reason for the Seller to find out after the fact!

Ken~ I think your correct, based on the information I received there was not a violation! Thanks!

William~ Thanks for the vote of confidence, you're right, great agents never have any conflicts!

10:53pm • #5
JUL
28
1,518,993 Points 112 Featured Posts Localism Sponsor Outside Blog Called Shot Master

When in doubt DISCLOSE.  Especially in a dual agency situation.  You don't want any room for bad feelings after that can fog a client's memory of what actually happened.

7:21am • #6
110,754 Points

Good article. Informative !

Bob Usey Properties

Mississippi Gulf Coast

Web Site: BOBUSEY.COM

9:11am • #7
424,382 Points 28 Featured Posts Outside Blog Called Shot Master

Chris Ann~ I agree with you 100%, thanks for checking in!

Bob~ I glad you liked it, thanks for letting me know!

10:03am • #8

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Jon Kolsky-*Long Beach CA* , Long Beach CA, 562-225-2296

Long Beach, CA

More about me…

Kolsky Group; CA Dept. of RE #01311273

Address: 5320 E 2nd Street # 8, jmkinfo66@gmail.com, Long Beach, CA, 90803

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Cell Phone: (562) 225-2296

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I love real estate, as well as invest in real estate, but I don't stop there, I also offer exceptional real estate assistance to buyers, sellers, and investors. I intend to make each client feel exceptional (and they are!), and details are what I pay close attention to. I appreciate what my clients say, I listen to my clients, and I hear their needs..I am perpetually upfront, and to the point...and I find quick and thorough solutions to any real estate issues that arise.
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