The agent remarks section on the MLS is for AGENT use to talk that "agent to agent" speak and if used correctly can narrow down certain and predictable responses. It can also help agents to free up their buyers to move on to their next potential or come forward and do business. Very important little space there and it should be respected...Now I want to contrast that with....
PROPERTY DESCRIPTION FIELD
The property description field allows one to expand on the subject property and its virtues. This is where you can write things down to market the property and what most people don't realize is that this goes public on the Internet. The agent remarks section always stays private...
WATCH THIS
I had a guy who put..."Call me first as tenant in possession is hostile and is in the process of being evicted which may prevent visiting the property. Call me for details as she may hold up the sale" in the property description section. Well lo and behold the hostile tenant in possession caught this and then filed a grievance against this professional agent. Lawsuit followed concurrently as well. You Google the property and up this comes for all the world to see.
REAL ESTATE TRUE TALES
I was the presiding judge on the panel and it was a most interesting case with a lot of twists and turns. Tempers flared, other issues came out and trying to keep to the main reason we were all assembled was challenging because of the emotions involved. Real Estate in the trenches!
LOSING YOUR COOL?
The agent was correct in stating just how...shall we say UNFRIENDLY (?) the tenant in possession was/is but were the agent erred was two-fold. First, mentioning it in a public arena invites dispute and brings in other governing laws and was not the way to go via the property description and two, he resented the woman because she was holding up a closing. That clouded his thinking when he shared the data
THE AGENT LOST AND APPEALED
I found many problems on top of problems when hearing this case but in the end, we ruled against the agent and for the complainant woman who said that her character was at risk and incorrectly portrayed publicly and as a caretaker would hurt her professionally.
Of course the agent appealed and as a presiding judge, I must be present to summarize to the appeals board what took place in the original hearing and why we found our findings.
HE DISCLOSED...WHAT'S THE PROBLEM?
The appellate board agreed with the agent that he had the right to disclose accurately what was going on at the property and on the surface, and from what I heard, the woman in possession was thwarting and holding up the deal...No doubt about it. All agreed that there was cause to state the warning.
WAKE-UP CALL
It was interesting to note that the appellate board did not know, and neither did many agents that accusing someone in public as opposed to disclosing in the agent remarks section is not good Real Estate practices...The clincher was that no one knew the property description gets picked up on the Internet. This was news to everyone. They ruled against the agent and the ruling stood
WHAT THEN?
Disclosure? Of course. Telling another agent what to expect in a transaction and what is going on is necessary and for that, the agents remark section does well. Even putting in a.. call me for special briefing in regards to showing works quite well....But publicly accusing someone is not allowed. WHY?
Because they have rights too
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