"In CA, as a Realtor, I'm Not Your Attorney, I'm Your Agent
I can be your witness and provide my file and transaction log to help you,
but I can't practice any profession without a license."
That's what I have to give as my standard answer when clients ask me to do things for them during or after a an escrow that fall under legal representation.
Similarly, I do not give Loan Advice I refer Jason E. Gordon , Tax Advice I refer my gal Rachel at Easy Life Management, no Advice on How To Hold Title (I recommend my West Coast Escrow Officer, Megan) nor may I provide Permit Research-I send them to County Clerks or The Building Dept..
There are "guys" for that. I have "a guy" for that. I'll refer you.
I can guide you on where to go, what to do, the Agency to visit and even refer you to who can help, but these are tasks that fall outside the scope of my license. My first broker always told me "never be on the witness stand practicing without a license." Meaning, don't practice outside the scope of my CA Real Estate License.
Clients ask, "What if they do not reimburse me by close?'
What if they haven't completed the repairs by close?"
It's a tough, honest answer, "Then you follow the CA contract: mediate, arbitrate, litigate."
That's the hard truth. Now, of course I do all I can as an agent to negotiate, moderate and babysit the other side into honoring their agreements. But, post contingency removal in CA, we need to perform and execute our side of the contract, close and then pursue legal representation to fix the issues.
Fortunately it rarely happens, but it happens and we need to be honest with ourselves and our clients on what we legally can and can't do with our license, regardless of wanting to be their champion. Agents, talk to your broker, CA Realtors, you have the C.A.R. Legal Line, Brokers consult your in house council
Image courtesy of Stuart Miles at FreeDigitalPhotos.net
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