The real estate license act state that substantive dialogue means a meeting or written communication that involves a substantive discussion relating to specific real property. Then it goes on to say that at the time of the first substantive dialogue we must provide IABS. 

If we are sending listing information by email from NETRIS what can't we also attach the IABS from there, when we send that first email?

Anyone know how we could get MetroTex to consider this change?

 
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11 Comments on A proposed change to NETRIS

OCT
06
2008
554,438 Points 9 Featured Posts Localism Sponsor Hit Router Attended Rain Camp Called Shot Master

An email message is written communication.  Send the IABS as an attachment and you're covered.
9:15pm • #1
OCT
07
2008
586,344 Points 4 Featured Posts Outside Blog Called Shot Master

Lorrie,

Thanks for your comments. 

That is my whole point I want to be able to send the IABS directly from NTREIS.
9:12am • #2
OCT
09
2008
554,438 Points 9 Featured Posts Localism Sponsor Hit Router Attended Rain Camp Called Shot Master

While you are logged in to NTREIS, open Zip Forms (under the Transactions menu) and send it from there.
9:03am • #3
OCT
10
2008
586,344 Points 4 Featured Posts Outside Blog Called Shot Master

Lorrie,

Thanks for your commetns.  I know of several work arounds to this problem.  What I would like to see if to be able to send the IABS from NTREIS, at the same time I send them properties to view.
7:03am • #4
554,438 Points 9 Featured Posts Localism Sponsor Hit Router Attended Rain Camp Called Shot Master

Ah!  What I do is send the properties to myself, then when I forward the message in email, I send the IABS as an attachment at that time.  But yes, it would be easier to send it all directly from NTREIS.
9:07pm • #5
1,308,269 Points 96 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

If you're just sending listings, that's not a substantive discussion about real estate.  I can talk with someone about what they're looking in a home without going into the details of a transaction and who represents whom.  After they're looking at listings and they request further information about a listing or request a showing, that becomes substantive and time to send the form... this is how the last instructor I had said was ok, and I agree.  I'm not sending them the form along with the first set of listings.  That's not necessary, in my opinion, along with some instructors, but I'm sure it can be looked at in many different ways.
10:33pm • #6
OCT
11
2008
586,344 Points 4 Featured Posts Outside Blog Called Shot Master

Donna,

Thank you for your comments.

Section 1101.558 reads ‘"substantive dialogue" means a meeting or written communication that involves a substantive discussion relating to specific real property' 

If you are emailing mls information about certain properties I would think that would meet the definition of "substantive dialogue".  I also have discussed this with several real estate attorneys, and they agree it is probably better to provide the IABS as "substantive dialogue" could be hard to disprove. 

I'm a TREC and GRI instructor and the way I teach is that you can never get into trouble for providing the IABS, it is only when you fail to provide one.  But you are correct it can be looked at in many different ways.
4:27am • #7
586,344 Points 4 Featured Posts Outside Blog Called Shot Master

Donna,

You are correct there are many interpretations. 

I do know if you are ever investigated by TREC, the first thing they want to see is that IABS.
7:59am • #9
586,344 Points 4 Featured Posts Outside Blog Called Shot Master

The following comments from Danna Harris were accidently deleted by me.  I'm sorry about that.

You said "specific real property".  When you're just emailing listings, there is no discussion about a specific property at that time.  As I mentioned above, once someone wants further information about a property or requests a showing, then it's needed, but to send multiple properties with no discussion about any property in particular, you're ok... but again, there are many interpretations and they would probably all hold up in court.
8:10am • #10
OCT
01
2010
328,458 Points 2 Featured Posts

Thanks for posting this information, I will be sure to pass it on 
10:31am • #11
586,344 Points 4 Featured Posts Outside Blog Called Shot Master

Ed,

Thanks for thanking me.
10:40am • #12


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