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San Jose Short Sale Agents Are Not Licensed Attorneys Or Accountants

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

San Jose Short Sale Agents Are Not Licensed Attorneys Or Accountants 

Someone called me from my San Jose Short Sale Agent Facebook Page. The gentleman on the other end of the line said  "I found you on Facebook." After a few minutes of chatting I said "tell me again, where did you find me?"  He said, I found you on Facebook.  You are San Jose Short Sale Agent

image of a paper house made of money

I consulted with the caller for over an hour.  While he is an excellent candidate for a San Jose short sale, his lender is offering him with a golden carrot of $8,000 cash for keys.  It seems that is all he can think about is the $8,000 he will get if he surrenders his home to the lender.  

Is cash for keys the right thing for him?  I don't know. It's not my job to say. My job is to provide information that one needs in order to make an informed decision.  I also discuss options and the short sale process.    

 

Illustration of a mascot stop lightThe gentleman started asking me a lot of tax and legal questions.  He filed bankruptcy and in his words, he "has one more year to go."  He wanted to know what would happen with the second lien debt if he does not finish making the payments.  Would he still be obligated to repay the debt? 

I advised him that he needs to discuss that with his bankruptcy attorney. I explained that I am not only not qualified or licensed to discuss the details of his bankruptcy, but I also have no knowledge or information regarding the matter. Not only would I be breaking the law by practicing law without a license, I would potentially harm him by giving him bad information. That's what happens when people, and real estate agents, discuss matters as experts when they know little or nothing about the subject matter. 

He noted my background having been a litigating paralegal for 15 years. That's true. At the time I was working for attorneys licensed in the State of California. That was then, and this is now. 

My role now is restricted to real estate. I am a licensed real estate broker who specializes in short sales. All matters with my clients and potential clients which are outside of real estate are referred to the appropriate professionals as subject matter experts. 

San Jose Short Sale Agents Are Not Licensed Attorneys Or Accountants - By Kathleen Daniels, San Jose Homes for Sale - San Jose Short Sale Agent - 1-408-972-1822 

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“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

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Comments(14)

Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

I hear you loud and clear on this one Kathleen. My husband is an attorney, keeps his license active in Oregon, but not Washington. He doesn't practice law - but, he does negotiate short sales for our firm. So, many of our clients want his "legal" opinion on matters - he has to explain, just like you, that he cannot give them "legal advice."

Aug 29, 2013 02:38 AM
Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

Kathleen, you do the right thing.  Regardless, of what we know from either experience or helping others in the past that have gone through such legal issues, we are NOT licensed to talk about them, unless we are licensed Attorneys or CPAs.  Let them discuss those things. 

We do know how certain legal issues will impact a short sale, so we just direct them to the right person to discuss them in detail.  WHEW, keep us out of that!!

Aug 29, 2013 02:41 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Being a real estate agent means different things to different people.  While we may know "of" the process, we are not in the position to give the legal, tax, financial advice.  I hope your caller understood this.

Aug 29, 2013 03:55 AM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Kathleen,

You handled the gentleman with true professionalism. He had specific questions that even if you know the answer, you can't give. I also graduated as a Paralegal; however, even if I was working for an attorney, I couldn't give out advice either. We are not Attorneys.

I hope the caller consults with the right people and comes back to you to list the house. $8K for the keys - sounds like this guy needs cash bad.

Aug 29, 2013 04:22 AM
Brad MacKenzie
Brad MacKenzie - Duxbury, MA
Turning Houses into Homes on the South Shore

I'm an attorney, too, but I only do one job at a time.  When my clients need legal advice about real estate, this broker sends them to a real estate attorney!

Aug 29, 2013 04:37 AM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Kathleen, excellent way to handle this - we do NOT have all the answers but we do know where to direct our clients.  Well done, as always.  

Aug 29, 2013 09:08 AM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

No matter how knowledgeable we are about short sales, the truth is 

San Jose Short Sale Agents Are Not Licensed Attorneys Or Accountants!

Aug 29, 2013 10:53 AM
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

Funny how we can get asked for such things Kathleen. "What do you think?", "If you were me...?" and all the other questions - but if something were to go wrong, they are after you.  Crazy!

Aug 29, 2013 05:58 PM
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

I once had an agent call me to check out a house for him.  I told him it would have to be a short sale if he took the listing.  He then proceeded to tell me that he would advise his client to probably file bankruptcy.  They guy was not a lawyer.  I just hung up and shook my head.

Aug 29, 2013 06:17 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

What I often see, many of the so called professionals in these other fields, don't do a good job with their advice. They sometimes put their income ahead of good advice.

Aug 29, 2013 07:49 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Kathleen, you are an excellent Realtor and give the best advice to those Sellers looking to do a short sale!

Aug 30, 2013 12:20 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Kathleen, You are very wise to stay within set boundaries! I always advise people to consult professionals in the appropriate area with those type of questions.

Aug 30, 2013 06:14 AM
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Interesting information that you posted.  Keep it up.  Good stuff to know.

Jan 11, 2017 08:07 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Nice presentation of important stuff to know.  Keep it up!  Good job!

Jan 12, 2017 07:28 AM