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REALTORS® Point Out Red Flags, They Don’t Give All The Answers

By
Real Estate Agent with eXp Realty 2021016812

As a REALTOR® my primary job is to protect my client's interest.  It is not to practice law, give tax advice our give engineering opinions.  I am licensed to sell homes; I am not a Lawyer, a CPA, a Contractor or an Engineer of any type.  I can loose my license for practicing law and giving professional advice for something other than what I am licensed to do.

This is the hardest thing for many agents to remember.  I constantly hear agents make comments like this home has settling issues or you can knock out that wall and move it there.  I cringe when I hear agents make comments like that.  I have even heard them giving tax advice or legal advice.

Last week I showed a home that appeared to have possible settling issues.  Let me repeat the important part of that sentence: possible.  I saw cracking in walls and ceilings and windows that were out of square.  I also saw deck and stair cases pulling away from the walls.  If you asked me to make a bet, I would law a few bucks down on settling.  What did I tell my clients?  There may be a possible settling issue. (I also pointed to what I was looking at).  I then stated if they wish to purchase this home they should have it inspected by the appropriate professional to determine if it is a problem and if so what the needed remedies are.

Our job is to point out red flags and point them to the appropriate type of professional to get it properly addressed, not to give advice on the problem.  If a client has a tax issue or a potential tax issue, I recommend they speak to their tax professional.  If they need legal advice, you guessed it I recommend they speak to an appropriate attorney.  The big one, if they ask if they can knock out walls or make extensions, I recommend they get in touch with a licensed contractor to determine the feasibility and costs.

I know it is tempting for agents to give legal and tax advice, especially when they think they know the answer.  After all we all want to be loved by our clients and we want to be helpful.  I can only say one thing.  Don't Do It!

If you truly want to be helpful, point out the red flags, document it and recommend they seek professional advice.

Posted by

 

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Randy L. Prothero, REALTOR®

Broker-in-Charge, ABR, AHWD, CRB, CRS, e-PRO, GRI, MRP, SFR

eXp Realty

Team Leader - "The Prothero Group"

Randy Prothero is well established as an expert in working with military / VA clients and first time home buyers.  His home seller's (listing) campaign is one of the most aggressive marketing programs in the area.  His luxury home listings sell faster and for more money.

Based out of Mililani, Hawaii. Randy services the island of Oahu (Honolulu County) Performs mediations and ombudsman services for the Board of Realtors.  To improve overall professionalism in his area Randy also offers classes for real estate agents. 

www.HawaiiRandy.comOahu (Honolulu County) Property Search  Hawaii Military Relocations

Comments(25)

Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Jesse - They will think about it when it is too late.

Jul 23, 2008 04:18 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Randy, you are right. It is all about about managing risk exposure and serving our clients!

Jul 23, 2008 04:19 PM
Jason Crouch
Austin Texas Homes, LLC - Austin, TX
Broker - Austin Texas Real Estate (512-796-7653)

Randy - No argument here.  As a broker, I am careful to teach this to our agents as well.  I have never had a mediation or threat of lawsuit in almost 12 years of real estate.  Great post!

Jul 23, 2008 06:03 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Gary - That is true.

Jason - I have not had any either and I hope to keep it that way.

Jul 23, 2008 08:22 PM
Charlottesville Solutions
Charlottesville Solutions - Charlottesville, VA

We are the source of the source and that does help the client and protect us from lawsuits...

Your Friend in Charlottesville!

Jul 23, 2008 10:46 PM
Neal Bloom
Brokered by eXp Realty LLC - Weston, FL
Realtor CRS-Weston FL Real Estate

I won't do it...you have to be careful how much to cross over the line. I'll make suggestions but always suggest to hire a professional in that area.

Jul 23, 2008 11:25 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Randy, you are right!  Going beyond the bounds of our licenses can get us into trouble.  But staying too far on the other side of the line can, too.  It's a balancing act!

Jul 24, 2008 02:00 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Charles - That we are.

Neal - That is what we are supposed to do.  If the client ops not to use a professional, the best bet is to send them a follow-up, so we have a paper trail that we made the appropriate recommendation.

Patricia - There is a certain amount of risk we all assume when doing business.  Going beyond your license is not the kind of risk anyone should take on.

Jul 24, 2008 04:42 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Randy, One of my favorite lines is from the movie "Michael". "That's not my area"!! I have a team of people on my side that can answer questions, do inspections and make repairs if necesary. I don't need to know too much. I just need to know who to call.

Jul 24, 2008 10:53 AM
Norma Toering Broker for Palos Verdes and Beach Cities
Charlemagne International Properties - Rancho Palos Verdes, CA
Palos Verdes Luxury Homes in L.A.

Randy - I tell my clients I'm not qualified to answer that question, but I can direct you to someone who is.  They don't expect me to have all the answers but they do like to know I can direct them to a licensed specialist.

Jul 24, 2008 10:56 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Randy, right on the money.  I totally agree.  I do mortgages and that is what I talk to my Borrowers about.  When the conversation starts to get into the Realtor, Attorney, Accountant, Appraiser, etc end of things I direct them to those professionals.  The wrong advice can be very costly in many ways.

Jul 24, 2008 11:05 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

B.B. - Knowing who to call is critical.

Norma - I let them know that by law I am not allow to give that advice.

George - It sure can.

Jul 24, 2008 12:45 PM
Trey Thurmond
BCR Realtors - College Station, TX
College Station , Texas Homes

I agree and I really get disturbed if an inspector or insurance agent attempts to play expert real estate.

Jul 24, 2008 05:40 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Trey - I agree, that gets under my skin also.  What is worse is the hairdresser who knows what their home is worth.

Jul 24, 2008 05:53 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Randy, I just came from Pat Kennedy's  Active Rain Week In Review: August 20th - 26th I can certainly see why your post was included. Our job is to recognize the red flags. Thanks for the reminder.

Jul 27, 2008 09:06 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Margaret - I have to remind myself.  It is so easy to give opinions where we shouldn't.

Jul 27, 2008 12:13 PM
Doris Freeman
Zach Taylor Real Estate - Gallatin, TN
Broker/Agent, 615-961-7799

Great information, never be afraid to say I don't know but let's get an expert to give us the answer.

Have A Great Day

Jul 27, 2008 01:46 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Doris - Even if I think I know and it is outside of my license, I still recommend getting a professional.

Jul 27, 2008 01:49 PM
M. Suzi Woods (Gravenstuk)
NOW Sharing the life and spice of the GC one day at a time - Grand Canyon, AZ
Suzi Woods, Prior Independent REBroker in MS

Randy, I definitely agree. Though sometimes I get a look like, "Well, what do I know?:-) I regularly utilize a home inspector that regularly reminds me of my training, licensing and limitations. I am no more a home inspector, surveyor, or contractor than I am an attorney.

Oct 07, 2008 02:41 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Suzi - Sounds like a wise home inspector.

Oct 07, 2008 04:57 AM