I have a client that fell victim to an unscrupulous realtor.  Basically the client was pursuaded to purchase 3 homes as investments which would be flipped within a couple months.  The problem was that it happened to be end of 2006.  There are other details involved, but my issue is this; I want to examine the standard of care for an agent.  Hopefully some agents who view this can express what they consider to be their fiduciary duty when advising a client.  At what point should a realtor be held liable for their recommendations?

As a follow up on this issue, what should be considered reasonable efforts in promoting a listed property?  Is a single picture on the MLS sufficient?  what response time is appropriate in responding to inquiries?

My goal as an attorney is to praise the good and admonish the bad.  I think in doing this, the real estate industry is well served by protecting the reputation of the profession.  Hopefully i am not alone in this view, but would love to hear feedback.

 

 
Post is included in group: Mortgage Law

3 Comments on duty of an agent

MAY
29
2008
295,041 Points 12 Featured Posts Localism Sponsor Outside Blog

Hi Nathan,

I think it's reasonable for a consumer to ask for a performance guarantee when signing a listing contract. If the terms are not met, the seller has the right to cancel without a penalty.

BTW, I use an "easy exit" listing agreement myself. It keeps me on my toes because the seller can fire at any time during the term of the listing if they're not happy with me.

11:51pm • #1
151,540 Points 6 Featured Posts Localism Sponsor Outside Blog Hit Router

Hi Nathan!

Great questions!

Reasonable efforts? There are always the basics: entry in MLS, sign, open houses and internet presence. There are many brokers who go way beyond the basics: staging, postcards and letters, networking with fellow agents, caravans (including meals at the house) and so much more. Windermere and most other brokerages would tell you that the more pictures the better.  Anyone who doesn't take advantage of every photo they can is missing a great chance to promote the property. Response to inquiries? Those who have the latest technology should be able to respond within minutes (if they aren't with other clients).  Hours, in this market, is now seen as too long.  I think that this might be a little unreasonable, but this is what the public expects.

11:53pm • #2
JUN
29
2008

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5:59pm • #3

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Nathan Fransen

Corona, CA

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Fransen and Molinaro

Address: 980 Montecito Drive, Suite 206, Corona, CA, 92879

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