Ad nauseum...

Listing a house in New York- how are you presenting agency choices to a potential seller?

"Seller, we want a cooperative effort from our mlsli insertion. For that reason, let's go over the choices of cooperation available to you, so that you UNDERSTAND.

SA: Seller (or sub) agency- under this offering, the agent bringing a buyer will represent YOU with fiduciary. No, we've likely never met this agent, nor do we have a grip on their ethics, but many still seek to represent you, the seller, as opposed to their buyer. Sound good? Except...know that with this offering, if they misrepresent aspects of your property to their buyer, you as the seller may be held vicariously liable for any errors presented to the buyer.

Don't like that?

BrA: Broker agency- under this offering, the selling agent may still come in representing you, the seller, and we, as the listing broker, accept liability for anything construed as an error on the part of this agent. Many real estate agents are jumping to this agency, and why not? Errors become the problem of our listing company- getting you off the hook for vicarious liability, but we REALLY don't feel comfortable with this, in much the same way that you  feel discomfort assuming this liability.

Thank you for understanding.

BA: Buyer agency- under this offering, the selling agent will come in looking after the best interest of the buyer. Increased due diligence is required, as their own company is liable for any misrepresetations to the buyer. The agenda is to get the buyer the "best possible price", which is ultimately determined by you, as a seller- and we remain staunchly in "your corner", seeking to get the best price for you.

We like this "gamble", because it's not a gamble at all. Because there is no assurance of quality with a cooperating broker, or assurance that the buyer of your home will be treated with integrity, forcing the issue with clear cut lines of representation by insisting that the selling broker stand behind the transaction for their buyer makes sense- leaving both yourselves and ourselves out of any issues that may arise later due to a selling brokers incompetence.

Will it come down to who represents whom with more strength? Perhaps. Not to worry, though. When we commit to listing your property, there is no question but that seeking an amount for your house that is the best that we can locate is the bottom line- we're quite confident in that endeavor.

It is, after all, why you hired us."

www.optionsrealty.com

 

 
This post has been included in New York Information Suffolk County, NY Information Riverhead, NY Information
Post is included in group: ETHICS and the REALTOR
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Post is included in group: North Fork Long Island
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8 Comments on New York Agency Laws Ad Nauseum

OCT
04
2008
572,802 Points 47 Featured Posts Outside Blog

Hi Laurie, people have to understand this is a key issue to representation.  Nice explanations.  I am not sure I would have the patience in your market as a buyers agent. 

9:50pm • #1
OCT
05
2008
140,378 Points 14 Featured Posts Localism Sponsor Outside Blog

Hi, Gary- it gets better and better (really)- even if the blogging is redundant, if it clicks with one person, that's one less hassle for Long Island buyers/sellers/ethical real estate agents. I just have to pace the "ad nauseum" to a weekly endeavor. Although I do wish that the broker owners would read the disclosure, share the facts with their agents, and respond to it with common sense....it would increase the simple nature of an ethical real estate transaction for all of us! I never imagined the challenges when relocating to this environment- it's quite...retro!

5:48am • #2
2 Featured Posts Localism Sponsor

Hi Laurie ... So unnecessarily confusing.  In what type of environment were you in previously?   

1:41pm • #3
140,378 Points 14 Featured Posts Localism Sponsor Outside Blog

Unfortunately, I relocated from years of real estate in Denver- problematic, as they'd worked through the majority of NY "issues" some time ago. Sort of like a jump back, with real estate agents in NY that are really, really intelligent. That makes it more difficult! :)

1:56pm • #4
2 Featured Posts Localism Sponsor

A time warp!  That has got to be frustrating! 

Easier when you have always worked stupid! 

2:06pm • #5
140,378 Points 14 Featured Posts Localism Sponsor Outside Blog

Marie, in the 1950's Denver had the same tussle with forced lawyer participation, but the Co. supreme court ruled in favor of the real estate contingent, suggesting that if it were abused it would be revisited. Caveat: every contract/addendum had to have the suggestion to have a lawyer look at it. People almost always took a pass- it was easy to understand (short sales and foreclosures notwithstanding- I haven't been there in several years).

 For that reason, the hours included some of the legal aspects (as we did all of the paperwork). It also forced REALLY diligent broker/owners- they might not always have trained in sales, but they reiterated all of the agency requirements with regularity. So, sort of forced into being "not stupid", with the help of easy to interpret contracts and addendums.

 Here, there's a paid contingent that benefits if we all look like, as Ruthmarie put it on your post, idiots. Except, we don't HAVE to! And there were always plenty of chairs (back to your post)...

Believe me- if the real estate agents with whom I've had contact were stupid themselves, it would bother me a whole lot less- this is a bright group in NY.

 

4:14pm • #6
OCT
27
2008
Localism Sponsor

Laurie,

Is New York agency governed by common law or by statute? Delaware changed last year from common law to statutory law of agency and eliminated the "fiduciary" relationship. It clarified Buyer Agency, Seller Agency and Dual Agency; Dual Agency now only comes into play if we have the listing and the buyer. Previously, we were in this dual role if we sold a listing of anyone in our brokerage!

When I have buyers come to Coastal Delaware from Long Island, they always tell me that in New York, eveyone represents the Seller and the way they shop for a home is by calling the listing agents.

2:12pm • #7
140,378 Points 14 Featured Posts Localism Sponsor Outside Blog

NY has the dept. of state with one set of laws; the real estate agents on Long Island operate by their own set of rules. Buyer agency is here; fiduciary is in place with seller agency, and buyer agency, and they added broker agency last year (maybe two years ago?) to eliminate vicarious liability when real estate agents working with buyers choose to represent the seller (it is now the problem of the listing company). The real estate broker/owners on Long Island LOOOOVE the double end, and are essentially clueless with regard to buyer agency and the way to operate with that agency because the larger broker owners  do not train their salespeople with regard to the law and agency.

How many buyers do you imagine would accept sub agency (as you've experienced with comments from those on Long Island) if the agency representations were properly presented to both buyers and sellers? It's amazing that it's still going on.

The department of state requires FULL disclosure of ALL agencies upon first substantive contact with buyers, but real estate agents for the most part FAIL to properly disclose to buyers that they don't have to deal with sub agency any longer.

One of the issues with the buyer agency change is that larger companies will not be able to double end on their own listings if a buyer is informed per the law.

It's a mess; when I was asked by an NAR rep where I relocated from, and I told them Colorado, they understood immediately why I remain so horrified by Long Island practices.

4:23pm • #8

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Laurie Mindnich North fork Long Island Real Estate

Southold, NY

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Laurie Mindnich at Options Realty

Address: 21 West 2nd St. Ste. 6, Riverhead, NY, 11901

Office Phone: (631) 727-2227

Cell Phone: (631) 765-6221

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