
There will always be different views when it comes to fiduciary responsibility. Many of us know that a realtor has a Fiduciary responsibility to their clients. But how do you treat this when meeting with your clients. How does a realtors code of ethics intertwine with your fiduciary responsibility?
Over the years, I have seen some very poor performances both by realtors and loan officers when it comes to looking out for their clients best interest. But many will argue that the loan officer has a fiduciary responsibility to the investor, not the consumer. Is this a fine line? What about those loan officers that don't care about either? Shouldn't it be the consumer first? Besides, if a loan officer looks out for the consumers best interest, shouldn't this be good for the borrower? Or is it a fact that you should make a loan and make it happen, which helps the investor/lender? Now, doesn't this go against what fiduciary responsibility is all about? What about the consumer?
What about those realtors that direct their client to their in-house lender? Shouldn't this be against their fiduciary responsibility? Whose best interest is at hand? Shouldn't you seek the best loan officer for your client and not to a loan officer that is part of your real estate office? What sey thee?
What about greed? What about that realtor that handles both the real estate side of things and the lending side of things? Both as a realtor and a loan officer? Even though it's allowed in many states, shouldn'[t it be banned? How can one person have your best interest on both transactions? Isn't this just like dual agency, which so many states are putting their foot down on now.
First off, you just can't possibly know and understand all about mortgages, the programs, the guidelines, and stay on top of the rates if working as a part loan officer. And then to turn around and be that clients realtor also. I truly hope that they make loan officers responsible. Possibly having them sign something.

I recently received a phone call last week from a realtor working in one of Miami's largest real estate offices. She needed help with an issue and received my name from a realtor in her office in which I closed a loan for her buyer 2 weeks prior. This realtor wanted to know if I could still do the down payment assistance program. I said I could and she went on to explain the problem. Here it is....
She had the seller. The buyers agent was also her loan officer who had the loan for 5 weeks. They just found out a few days ago that they can't do the DPA program now. But the seller was giving a total of 9% in closing costs, part of which was to go to the buyers down payment. Since the realtor/loan officer couldn't help with the DPA, he wanted the 3% that couldn't be used, to be added onto his side of the commissions. He then went on to say, that if they couldn't accommodate this, that his buyer will not go through with the offer.
Now, most of you know that it sounds like some fraud is involved. And the story gets worse. But for arguments sake, the listing agent presented this to her seller. She didn't want to have any part of this and said no. Now she can't sell her house, has spent money on the purchase of another house, and just wasted about 6 weeks. The listing agent was even able to get a hold of the buyer, trying to piece this together, but the buyer thinks that her realtor deserves the extra 3%. And now is telling everyone that she has the 3% to complete the transaction. Can anyone smell something here?
Overall, the listing agent involved and her broker will be filing complaints all the way up the ladder. To the Florida real estate commission, to the board of realtors, and to the mortgage bankers association. And guess what? This real estate agent slash loan officer? His aunt owns her own title comapny, in which she was doing the title on this. And a FYI..... realtors can not be on the mortgage application if it is a FHA mortgage. In which case this was a FHA mortgage. All I can say is that you should be aware as a buyer, seller, a real estate agent, and a loan officer. Not only are people in the business cracking down and reporting, but the FEDS are chomping at the bits to arrest and prosecute. And it's about time..!!!!!
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Copyright © 2011 by Jeff Belonger of Infinity Home Mortgage Company, Inc
Jeff. I don't believe that "REALTORS" have a duty of fiduciary. The key word is, IMO, client.
Being a REALTOR doesn't convey the duty of fiduciary. However, being the representative of a buyer or seller client surely does.
Although, in states that have promulgated statutory agency laws, the agent may not have fiduciary in all matters.
This is very complicated. Dual agency states like Maryland make the matter more complicated, which is why I dont practice dual agency.
I understand that some states are requiring or planning to require that mortgage brokers have a duty of fiduciary to their borrower clients. That will be very interesting to watch.
Interesting.