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Hi Folks. Have you ever been sued by a Seller or Buyer?? I haven't. But if I were I'd be ready to stand in front of any judge and defend myself.
It's my opinion that over the next few years there is going to be a huge increase in lawsuits against agents and brokers. Mostly related to Short Sales. That Seller you helped is going to be real pissed off, 5 years from now, when he is slapped with a deficiency judgment and his wages and assets are garnished.
Will you be prepared to defend yourself? Do you have a written record of what when down during the Short Sale process? Or did you just wing it?
Here are some things I do now to protect myself in the future. Hopefully there are a few you can implement into your business. Even better, maybe you have some ideas that I can use.
Make sure you are covered with your E &O insurance.
Use email as often as possible for communications so you have a written record of the conversations. If you do have a phone conversation with a customer/client follow up with an email and outline the points that were discussed. This also helps to eliminate confusion. "Your Honor he never told us that" Yes I did. Look here.
Have a disclosure package at time of contract (listing or BBA) that outlines the short sale process in detail and what can be expected. Have this all signed and dated. "We thought he was giving us legal advice so we didn't hire an Attorney". Sorry, but you signed 3 different times that I was NOT an Attorney and that I was NOT giving legal advice.
Have a log of every action you take related to the short sale. You can use Short Sale Commander for this. My Sellers share in this so that every time I make a notation they receive an update. A recent transaction had over 300 notations. That equates to 300 updates to my Seller. It would be very difficult for them to tell a Judge I didn't do my job properly. "Your Honor he didn't do anything and we were foreclosed on because of it". I don't think so.
After each closing*** ask your customer/client to write you a testimonial. Place this in the file. "But your Honor read this. They said I was awesome!!"
*** Yes you MUST close on your short sales. You may lose some but you need to be hitting 90%+. Much easier to defend your position if you can prove your successes.
I believe if you do these few things you will be good to go if a lawsuit comes your way. Plus the added benefit is that you will be better at what you do if you remember that everything you do needs to be defensible in a Court of Law. What say you?
Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.
Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales, Orlando Florida Short Sales, Celebration Florida Short Sales, Winderemere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.