Georgia CapitolOne of the biggest areas of consumer confusion is the role of the real estate broker in the transaction.

And it’s little wonder. With the proliferation of online information there are millions of articles about real estate agents and brokers, and what they do or should be doing when working for a client.

Good information is good. Bad information can be catastrophic.

Because real estate agents and brokers are typically regulated at the state and local levels, the actual practice of the profession varies by locale. What may be true in one state may be absolutely incorrect in another.

When writing about the practice of real estate, one should always indicate the state or locale where the rules and regulations are applicable.

The Internet is global. Real estate law is not.

Follow Me on Twitter Follow Me on Facebook Lets get Linkedin My Outside Blog Watch my Videos on YouTube


We Need Listings! Call 770-827-6225

All content, including text, original art, photographs and images, is the exclusive property of Coweta Fayette Real Estate, Inc., and may not be used without the expressed written permission of Coweta Fayette Real Estate Better Homes and Gardens Metro Brokers, Newnan Georgia. All information is believed to be accurate but is not warranted, Copyright 2003-2009. Richard Weisser REOS, E-Pro. licensed Auctioneer. 770-827-6225.
Learn more about Coweta County and Fayette County Georgia Real Estate, and to search the entire Georgia MLS for free with no registration required. Visit CowetaFayetteRealEstate.com! Photos of the Great Smoky Mountains National Park. North Georgia Photos.

 

North Georgia Photos

 
Post is included in group: "Whacked"!!!
Post is included in group: Diary of a Realtor
Post is included in group: The Lounge at Active Rain
Post is included in group: Realtors®
Post is included in group: BananaTude

30 Comments on State your Case AND State your State!

20 Most Recent Comments Displayed Show All

NOV
01
178,046 Points 2 Featured Posts

So true Richard. That's why AR is such a great place to learn about other state practices.  Not only is Real Estate local...real estate law is local.
9:00am • #11
314,182 Points 17 Featured Posts Called Shot Master

Love that last line!
9:02am • #12
861,442 Points 174 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I always do that in my posts about regulations and process.  One of my most famous blogs is about the 3 day right of recission.  There is a situation, when new disclosure is made, that a buyer can cancel the contract.  However, that law doesn't exist everywhere so I made sure to note that it's a California law.
9:52am • #13
1,500,603 Points 355 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Ginny...

Sometime our chain is rattled only to find out it doesn't stretch that far! THX

Charles...

I am specifically referring to laws that control agents duties ... not their interpretation, but their practical application. Thanks.

Melanie...

I don't know how many times I've had to say "that's not the way we do it here in GA!" TY
10:00am • #14

This is wonderful information to keep in mind, especially in this day and age of technology.  It's important to remember the differences from state to state.
10:18am • #15
454,518 Points 15 Featured Posts Called Shot Master

Good point, Richard. Real estate laws are local while the internet is global. Great for advertising and marketing but not so good for finding answers to specific questions.
10:46am • #16
1,500,603 Points 355 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Brenda...

It's always important to remind reader where we are ...and that laws vary by jurisdiction. THANKS

Lenn...

I read a feature post a few weeks ago that was 100% in conflict with GA law. It turns out that in the writer's state, she was 100% correct. BIG difference! Thanks so much.

Anthony...

People get confused by information that COULD be correct ...SOMEWHERE! Thanks.

Lynn...

Somehow I just knew that you get get that done quickly! How awesome is that? THX.
10:54am • #17
762,151 Points 106 Featured Posts Outside Blog Called Shot Master

Richard, this is so true. I saw a post where an agent was discussing buyer rebates. Buyer rebates are illegal in Tennessee but a TN resident may not know this and ask for something we just can't do.
11:22am • #18
1,422,166 Points 41 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

A good point well taken Richard. . we sometime forget this is a national forum with 50 different rules. .
11:32am • #19
553,981 Points 148 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Richard, your blog just confirms that there is one more thing about real estate that is local, brokerage.  I work in two states, and there are differences in both.  All real estate is local, even in that local is statewide.
11:45am • #20
563,694 Points 17 Featured Posts Called Shot Master
Richard, good point and good post. Sometimes we overlook stating what is the normal practice in our area. Here in Florida, the standard buyer and seller closing costs vary from the Northeast to the Southern part of the state.
12:16pm • #21
1,500,603 Points 355 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Bill...

You can say that again! I always respond with something like "Here in GA..." so the writer understands that I am not saying that they are wrong, only that it does not apply in my state. Thanks.

Brian...

And there are some big differences! Thanks so much.

Patty...

That did come out pretty nice. Thanks for noticing.

Bryan...

We don't have anything like that here in GA. Thanks for the example.

 
12:25pm • #22

Great advice.  Laws definitely do vary from state to state, so its important to always add a point of clarity (or a disclaimer) that references its based on your experiences in your locale.
3:30pm • #23
803,539 Points 20 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

So true. Good advice here. If you comment or advise quantify or qualify it so there is less chance for a confusion.
4:11pm • #24
1,404,829 Points 54 Featured Posts Outside Blog Called Shot Master

This is hard for many people to understand.  They think that all Real Estate transactions are governed the same way.
4:37pm • #25
761,437 Points 61 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Very, very true Richard.  And, people need to learn the difference between a Broker and a real estate agent as well.  Lots of confusion here.
5:16pm • #26
872,624 Points 47 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Richard, amen, amen and amen. It amazes me when I read posts on Trulia and agents from all over the country are commenting on a Florida issue like they know what they are talking about. Same with closing costs - in Orlando, Buyers pay Survey, up in Jacksonville, customary for Seller to pay Survey because of the years that VA loans couldn't pay for a survey.

Sharon
6:59pm • #27
866,303 Points 18 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Real estate is local.. and so are the laws that regulate the real estate industry.  It can be confusing both for the public and for the real estate professionals.
7:19pm • #28
1,091,516 Points 201 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master
Hi Richard, Congratulations on the Feature and well deserved. Your point is so well taken and there has always been so much confusion on this issue because either the agent didn't stress the differences or the consumer just assumed things were like their last transaction. I think this would be a good task for NAR. They should create a white paper on real estate law as it changes or varies from state to state. At the very least, it would be fascinating. I think to chart the most obvious variables would be a great guide.
7:47pm • #29
1,352,282 Points 42 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Richard - This is a good reminder as things are different from place to place.  We even have some different practices between Northern and Southern California.
9:37pm • #30

20 Most Recent Comments Displayed Show All


What does the graphic say?
Leave a response…

(optional)
Spam Prevention:
 
Richard001lrg Ambassador_large

Richard Weisser

Richard Weisser Coweta Newnan Homes for Sale

Newnan, GA

More about me…

Better Homes and Gardens Real Estate Metro Brokers

Address: 209 Newnan Crossing Bypass, Newnan, GA, 30265

Office Phone: (770) 827-6225

Cell Phone: (770) 827-6225

Email Me

Author Bio: Richard Weisser is a Georgia real estate broker, licensed auctioneer, a candidate for GA House District 71 and has been writing about Georgia Real Estate since 1999.

Coweta Fayette Real Estate offers opinions and helpful information to consumers and real estate professionals in the Coweta County Georgia area.

Coweta Fayette Real Estate allows you to search the entire Georgia MLS for free with NO registration required!

Twitter cowetafayette


Listings

Links

Archives

RSS 2.0 Feed for this blog

Find GA real estate agents and Newnan real estate on ActiveRain.