I have had something in my craw for some time and it has to do with people that are both Realtor and Loan Officer. I don't know about other states, but in Oregon it is perfectly legal to represent the client as both the Realtor and Loan Officer. If you throw in both listing and selling Realtor, they you really have an interesting mix.

I have read posts from Realtors that are concerned about the appearance of conflict of interest when representing the buyer on their own listing and can't begin to understand how they can not be concerned about, at least, the appearance of conflict if they represent the buyer as their loan officer too. Maybe it is just me, but how can this be a good situation?

I used to work for a captive mortgage broker (one owned by the Real Estate Company), and there were additional disclosures that had to be made because of the fiscal relationship. However, the individual Realtor did not derive any re-numeration from the relationship, so it was pretty much an "arm's length"transaction. Also, the Realtor didn't gain knowledge of the customer's finances and credit. This is not the case of a Realtor/Loan Officer. They gain direct re-numeration from both sides of the transaction. They have insight as to what will make things work to their advantage. Where is the protection for the consumer?

I could be totally wrong in my feelings/thoughts/concerns.But I would like to hear other people in the industry's take on this. If you are a listing Realtor, how do you feel about having the selling Realtor also be the loan officer? If you are a loan officer, how do you feel about this situation? Also, have you lost deals to Realtor/loan officers that your "pre-approved" clients have hooked up with?

What are your experiences in this matter? Am I wrong? Should the customer be concerned? I really would like a heated discussion on this matter. Thanks for reading.

 
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5 Comments on Dual Real Estate Agent/Mortgage Broker

Fred, Here in NJ too they are doing the same. They dance around the legality by saying you are not really a loan officer but a processor. BULL

07/23/2008 01:06 PM by Douglas Cartwright (Weidel Realtors)


As former broker, I agree doing bothe real estate side and the mortgage side does give the appearance of a conflict of interest.  Just like if the mortgage broker or real estate broker owned the the title agency.  In most states it's perfectly legal if you disclose it.  In our industry, however appearances are everything.

Steve

www.mfi-miami.com

07/23/2008 01:09 PM by Steve Dibert


I just finished an article titled 10 Things You Don't Want to Hear Your Real Estate Agent Say. Go ahead and google the title. Here is the last item:

10. "You Know, As it Happens, I'm Also a Mortgage Broker"

:)

elizabeth weintraub sacramento real estate agent

07/23/2008 01:26 PM by Elizabeth Weintraub, Sacramento Real Estate Broker (Lyon Real Estate)


Douglas & Steve, legality may be with them, but in this business, appearance is reality. Why open yourself up for this? I am also thinking that with the changes in the business, it is really hard to keep up with both.

Elizabeth - I took a look and it is very well done. I especially liked #1, "I'm on a work release program."

07/23/2008 01:48 PM by Fred Chamberlin - Eugene/Springfield's #1 Experienced FHA Mortgage Consultant (Alpine Mortgage Planning)


Fred, I had a run in with a listing agent that tried to bully my client into using his services as a loan officer... needless to say we had words and we found a different house.  I have seen his name on a few things last year but nothing this year, hopefully he is loooong gone.

07/23/2008 09:47 PM by Leslie Stewart – Realtor ®, CRS, eCertified (Prudential Real Estate Professionals)


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