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Fishhawk Lake Real Estate-Are You A Servant To Your Master?

By
Real Estate Agent with John L Scott Market Center 700512026

Are You A Servant To Your Master?

 

I was going through one of my online courses today for my continuing education and this particular class deals with laws that govern agency. This was one area it addressed:

Common Law:

 

In England’s common law, the principal-agent relationship was a master-servant relationship, in that the servant owed absolute loyalty to his or her master, and it required that this loyalty replace any of the servant’s personal interests as well as any loyalty the servant owed to any other.

Hence the traces of common law can be identified in modern-day agency. In today’s agency, the agent owes the principal [your client]  similar loyalty as in common law. Just as masters used the services of servants to accomplish what they could not (or did not want to) do for themselves, principals use the services of agents. In this way, the agent is regarded as an expert on whom the principal can rely for specialized professional advice.

With the exception of Louisiana (which uses a French based regulatory system), all U.S. states use common law as the foundation of their agency governance. The legal responsibilities of a broker are framed in the common-law form of agency. 

 

Sometimes, it DOES feel like a servant-master relationship, doesn’t it? We strive to please, bend over backwards, act with humility, swallow our pride, take abuse, and let things roll off of our backs (sometimes literally!) in order to serve our clients. And for no money at ALL at times!

12 Years A Slave

 

 

The ordinary Joe thinks that real estate is sooooooooo easy and that we make soooooooooooo much money. Ha! Walk a mile in my servant’s shoes, will ya? Because, dear master, I certainly walk in yours when trying to sell your home or find you the perfect one. And many times it is years of work for FREE. 

Gayle Rich-Boxman, your humble servant....

Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Knowing where our laws and agency practices come from does help them make more sense.

Mar 05, 2014 04:12 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Gayle,

I hear you, and that may be true in some instances.  Part of the problem is (in my opinion), is that as real estate agents, we have not elevated ourselves to the role of trusted advisors, because of so much bad press.  Our social status is somewhere close to used car salesmen in the public's eye, not that it is true.  A

Mar 05, 2014 04:24 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Chris Ann, although more recent statutes put forth by state legislators have changed that...

Alexandra, this is where the ethical dilemma carries on...there are those agents who still smear our good name with their poor work ethic and smary ways. I am sure that some attorneys can say the same thing as they are down there with realtors on the list of least trusted. And I strive DAILY to gain total trust and an advisory position with all of my clients. 

Mar 05, 2014 04:49 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland


Gayle.  MD and VA have promulgated new agency laws into the code.  If it's in the code, the code is the guide.  If a matter is not in the code, common law rules.

Mar 05, 2014 07:16 AM
Joanna Cohlan
Fresh Eyes For Your Home - Chappaqua, NY
Designing, Decorating & Staging Westchester Homes

Thank you Gayle for the genesis of the agency relationship - I guess that every state is different since Real Estate Law is mandated on the state level.  Love your use of a great film to illustrate your point.  Well written, comprehensible and SUGGESTED!

Mar 05, 2014 11:34 AM
James Dray
Fathom Realty - Bentonville, AR

Amen! Now pass the biscuits and gravy.  Good post thanks.

 

Mar 05, 2014 07:22 PM
John Wiley
Fort Myers, FL
Lee County, FL, ECO Broker, GRI, SRES,GREEN,PSA

Gayle, thanks for the thought provoking post. We should always strive to carry out our legal responsibilities to the consumer with upmost care. But to go even further, it should be our desire to serve them well beyond what is expected.

Make it a good week.

Mar 05, 2014 09:48 PM
Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

Very well written and thought provoking - we do work very hard on behalf of our clients - and as Alexandra says, we often have to work harder to right the wrongs of some bad eggs in our industry. That's the real bummer - imagine if people regarded us with respect - instead of mistrust? Often thought some of my NAR dues should go into ad campaigns educating the public on what REALTORS® do - and how people abuse us. :)

Mar 05, 2014 11:46 PM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Lenn, I thought of you while writing this...thanks for your wisdom.

Joanna, this one was fairly easy to write...based on my continuing ed, but also experiences that prompt one to shine a light on the truth. Thanks for suggesting this!

James, Amen is RIGHT! 

John, you put it beautifully.

Debb, boy do we EVER. And sadly, many of these unscrupulous agents get away with much that damages the profession. I LOVE your idea of having some NAR dollars spent to educate--heck we have to keep up with OURS (w/continuing ed), why not pass that onto our clients in the real world? 

Mar 06, 2014 01:19 AM
Broker Patty Da Silva Da Silva
Green Realty Properties® - 954-667-7253 - Cooper City, FL
Top Listing Broker

I am fan of your writings Gayle. I love this one a lot too, along with the others in the past blogs. Excellent post!

Mar 06, 2014 02:03 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Patty, well, dear, you made my day--thank you!! 

Mar 07, 2014 01:04 AM