Special offer

UPDATE on "How to Handle Lying, Unethical REALTORS®"

By
Real Estate Agent with Florida Property Experts
Daytona Beach Real Estate & Community Events blog. By Lisa C. Hill, "THE SMART CHOICE!"

real estate for sale and soldMany of you who commented on my recent blog post about my dealings with an unethical real estate agent, had many questions which I attempted to answer by editing the post a couple of times, and by adding a few comments as well. (Sorry it's such a mess now.) As I said in that post, there were problems every single day of that transaction. That listing agent was the epitome of what most REALTORS® do not exemplify! That experience just solidified the reason I'm primarily a listing agent! In the 8 years that I've been a full-time REALTOR®, and the 14 total years that I've been selling homes, I've never encountered an agent who was so rude, condescending and practically useless. As I said in my previous post, he had never even been inside his own listing that had been on the market for 2 years! And the house was falling apart: I took photos of many of the areas of destruction since it was so hard to believe. But in the last post I wrote about this transaction, my final shock was when I went to pickup my commission check and found that it was not for the proper amount. The unethical agent had shorted my commission check.

Many of you were interested in knowing the outcome of that part of this drama.money

Bear in mind, it was only last Thursday (5 days ago) that I discovered this final punch I had received from this listing agent. I knew that our MLS rules were in my favor on this, but I didn't have much hope that there would be any resolution this fast. But last night I decided to call my manager anyway, just in case she had any news yet. As it turns out, the broker of the other agency had called my manager over the weekend, to let her know they had already cut my check and it was ready for us.

It's good to know that our REALTOR® Code of Ethics is serving it's purpose, and although the other agent I had to work with was the biggest jerk I've ever met, (Sorry if that offends anyone. I'm just keeping it real.) it's nice to know that the broker of that agency was not only honest, but quick to take action. There's another lesson to be learned through that... Many times when a consumer works with an unethical or dishonest agent, the consumer tends to believe that agent's entire real estate brokerage to have the same ethics, or lack thereof. This is simply not the case. Since REALTORS® are independent contractors and not employees, we're all free to work with our clients in the manner in which we're most comfortable. (This is why many disagreements can be chalked up to simple personality differences.) But even if an individual agent is as dishonest as my recent encounter, that doesn't mean the entire brokerage is the same. This was just proven to be true by that real estate company's broker when he took quick, decisive action in righting a wrong.

I doubt he'll ever see this post, but if he does, I want to say "Thank You!"

Lisa Hill real estate agent

list real estate with lisa hill and adams cameron realtors and get it sold

For honest, ethical real estate representation, make a Smart Choice and contact Lisa C. Hill for all your real estate needs.

For all the real estate information you need, visit my web site at www.LisaHillRealtor.com.

View my real estate MLS listings here.

View my real estate MLS listing videos here.

 

Page copy protected against web site content infringement by Copyscape 

Comments(16)

Ann Allen Hoover
RE/MAX Advantage South - Hoover, AL
CDPE SRES ASP e-PRO Realtor - Homes for Sale - AL

Hi Lisa - I am glad to hear this has turned out nicely for you.  I am dealing with some folks right now that are less than perfect, you could say.....but their broker has been very helpful and I believe it is all going to be fine.  It's not nearly the nightmare you have had.

Oct 01, 2008 07:34 AM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Lisa,

Also glad to hear it worked out the way it should have in the first place.

Not sure about licensing requirements in FL, however as a broker in CA I have a duty (under our CA Dept. of Real Estate) to supervise. "Failure to supervise" happens all to often imho, and it's a violation in CA. That agent wouldn't last 2 seconds in my office.

 

Oct 01, 2008 09:54 AM
Debbie Malone
Londeree's Real Estate & Property Management - Lynchburg, VA
From Lynchburg To The Lake (434) 546-0369

Lisa, I had a similar experience with different ending, so far. Selling Agent Bonus and Commission offered on MLS before showing, when offer was made and after ratified contract (I pulled sheets on the day I showed and the day it was ratified). At closing, commission was paid out at a different rate. Broker and agent screaming at my broker that I was trying to "steal' $$. We'll be going to arbitration with this one.

Oct 01, 2008 09:56 AM
Thesa Chambers
West + Main - Bend, OR
Principal Broker - Licensed in Oregon

alls well that ends well - so glad you shared the outcome

Oct 01, 2008 02:26 PM
Don Rogers
Keller Williams Realty Chesterfield - O'Fallon, MO
Realtor, Broker, CDPE, GRI, OnullFallon MO & St Charles County MO homes

Lisa,

Congratulations on the final outcome and also for sticking to your guns.  It was also good to hear that the broker on the other side was a stand up individual.

Oct 01, 2008 02:49 PM
LS Rogers Realty
LS Rogers Realty - Richardson, TX

How wonderful things were less painful in the end.  The broker that stepped up just may be one of your audience members. You never know.

Oct 01, 2008 05:12 PM
Tony Wangrycht
OneAmerica - Seminole, FL - Seminole, FL

Disclose, disclose, disclose. Honestly is always the best policy. When you're honest, everthing will work out as it appears it did for you. That realtor should be barred from the industry.

Oct 02, 2008 01:51 AM
Elizabeth Nieves
The Elizabeth Nieves Realty Group - Durham, NC
Bilingual Raleigh - Durham North Carolina Real Estate Team

I never doubted that you would get your full commission...because you had ALL of your necessary proof. It is sad, however, that you had to go through ALL of this to get what you earned. This guy makes us all look bad. GBU!

Oct 02, 2008 09:52 AM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

Debbie- I'm sorry to hear that =(  It sucks when we do the right thing, then have to go through the stress that another agent puts us through.I hope it all works out for you.

Elizabeth- The entire transaction was stressful, but at least the commission situation was handled quickly.

Oct 02, 2008 08:13 PM
Mary Strang
Viroqua, WI

Good to hear it all worked out, and also good to hear the broker did not just take their side but took time to listen and resolve the issue.

Oct 03, 2008 01:27 AM
Krista Abshure
Fathom Realty - Fuquay Varina, NC

I am very glad that things worked out well for you.  It is situations like this that we all learn to appreciate how honest and hardworking some agents are.  (and how some agents are not!)

Oct 03, 2008 09:49 AM
Not a real person
San Diego, CA

Do you not use escrow companies there? So if one is verifying the documents that come from escrow concerning commissions and other payments, one would catch errors early on in the process. Checks to agents here come from the escrow company, not the other brokerage.

There are many "short sale specialists" and "foreclosure specialists" here who don't visit their listings. I find it amazing. How do they know what they are trying to sell? To me it's just a court appearance waiting to happen.

Oct 05, 2008 07:33 PM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

Russell- The escrow/title companies handle the closings and are supposed to send the HUD-1 (closing statement) to all parties involved. The listing agent supplies the commission amount and breakdown to them. And I normally would have see the wrong commission in advance. But this transaction was fast, stressful, inappropriate, unethical, etc., and I didn't see the HUD-1 in advance. Then I got sick. I spoke with my buyer a couple of times after the closing and she was working through her issues with the transaction. But my personal commission was the last thing on my mind. But it doesn't matter what time I noticed the discrepancy. Even if I had seen it before closing, the transaction would have closed on time, and the commission issues would have been handled after the fact, exactly as it happened. We do not involve our clients in these things. And our checks do not come from the title company. Only a real estate broker can pay a real estate agent unless the broker has given permission to the title company , to pay the agent, their portion of the comission. So there was still another step involved after the title company cut the checks to the brokerages. However, in this case, the title company was owned by the listing brokerage!

Oct 06, 2008 01:52 PM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

Good for you.  I would hope that his broker, after learning of his behavior, would have sent him packing.  What a liability he is!

Oct 06, 2008 07:29 PM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

Janna- We know how this goes. If the agent brings in enough money, the broker will allow the bad behavior to continue. I've said myself, that my broker and manager pretty much leave me alone because I continue to produce. The difference is, I'm not a rogue agent, like the one I just encountered. Thank goodness most agents who are top producers, or reliable, knowlegeable producers, will behave in an ethical manner and take pride in their work.

Oct 07, 2008 12:37 PM
Jack Climer
Jack Climer Realty, LLC - Springfield, MO

Good for you, and why? the agent needs to go away and work in another field...

Oct 07, 2008 12:45 PM