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I'm Not Your Attorney

By
Real Estate Agent with Big Block Realty 858.232.8722 CA BRE# 01261476

"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."

 

nelson

 

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

Posted by


Thomas J. Nelson
REALTOR®, CRS, RCS-D, CDPE, e-Pro, Certified Military Home Specialist, Luxury Home Specialist, Author, Keynote Speaker and  Podcast Host 

Serving Coastal San Diego from Carlsbad to Coronado, Downtown, Balboa Park Area,
La Jolla/UCSD & Mission Bay Park Areas
I Offer Rebates to Veterans
& Active Duty

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(858) 232-8722
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RCS-Divorce     Southern California Chapter of Certified Residential Specialists (CRS)

 
 
Disclaimer:  Nothing in this blog article is to be construed as legal advice, tax advice, medical advice or financial advice.  For legal advice see an attorney.   For tax advice, health or financial advice see a tax attorney, certified public accountant, or other qualified professional.
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

I have had many clients ask me about legal questions while working with them and I will not answer them, and explain that to answer would call for a different agency than as their real estate broker, which would cause a burden in so many areas, including my E & O Insurance, duty of care, etc.

Apr 20, 2017 04:09 AM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Thomas. I can be the source of the source, but not the source! Enjoy your day!

Apr 20, 2017 04:27 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Thomas J. Nelson, Realtor, CRS ,

You laid it on the line and told it like it is. We cannot practice another profession and that is why your team of professionals is so important to your business.

Apr 20, 2017 04:55 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Thomas. You are wise to direct your clients to professionals with a license. "Seek competent advice."

Apr 20, 2017 06:06 AM
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Precisely. Not sure I have anything else to say. :-)- Kasey

Apr 20, 2017 06:57 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Thomas,

That is definitely true, we are not attorneys nor should we spout legal knowledge even if we know the answers...A

Apr 20, 2017 08:17 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Thomas

Just the facts . . . . the real estate facts only.

Good luck and success.

Lou Ludwig

Apr 20, 2017 07:25 PM
Roy Kelley
Retired - Gaithersburg, MD

Thank you very much for sharing some of your successful business practices.

Apr 21, 2017 09:31 AM