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"Professionals" Who Step OVER the Line & Into Liability Issues

By
Real Estate Agent with Liberty Homes RS-#62825

We all have heard incidences, not coincidences but INCIDENCES where a professional in the Real Estate Industry really steps over the line. Or...a professional who may not be in the industry directly ...but indirectly.... who steps over that line to the point they could be in serious trouble with liabilty cases smacked right on their behinds at the blink of an eye.

For instance:

  • The Real Estate Agent who plays home inspector, or contractor or loan officer all in one and gives advice that is totally wrong. Please stick to what you are trained for UNLESS you have a license for all! Even then, if you have a license for all of that then I beg to differ when you say it isn't a conflict of interest.
  • The Loan Officer who plays Realtor® and tells the client how their Realtor® should write their contract. Please stick to what you are trained for UNLESS you have a license! Again, conflict of Honolulu Hawaii VA Home Buyer Transaction Specialistinterest.
  • The Mold Inspector who writes a report for a tenant and inserts the Landlord Tenant code so the tenant can get new air conditioning units. Please stick to what you are trained for....UNLESS you are licensed and a certified inspector AND a Property Manager too. Conflict of interest.
  • The Home Inspector who plays electrical contractor and blows out of the proportion that GFCI outlets are not an electrical problem but a suggestion to .... update. Please stick to what you are trained for and if you don't have a license for being an electrician don't scare the buyer into thinking there are huge problems. Hmmm. ......
  • The 'friend' who plays plumber (for a home inspection and tells the buyer that the running toilet is cause for backing out of a contract. Please stick to being an aquaintance and not a friend because you just talked your 'friend' out a home they really loved.
  • The mother or father who plays Realtor® because they bought a house in the past and suggests that they don't need their own Buyer's agent because they'll get a better deal through the seller's agent. Please stick to being a parent and not a Realtor® when you did not get the representation you needed and now have structural issues in your own home.
  • The advertising EXPERT in whatever field. Make sure you really know what you're talking about if you advertise that you do.

Bottom line, we all like to be 'helpful' but it could cost you your license, your reputation and your business for giving information that you are not qualified to give. Refer the 'client' to a professional and make sure that "professional" is licensed or knowledgable in the advice they give. Be aware of the professional who is out to give all kinds of information (the know it all) ....there will definitely be an ulterior motive.

I love my license....how about you?

~~~~~~~~~~~~~~~~~~

Celeste "Sally" Cheeseman is a Realtor-Associate with Century 21 Liberty Homes in Mililani, Hawaii. With a sharp understanding that a listening ear is the key to a client's needs  she serves the island of Oahu (Honolulu County) and all Hawaii Military Relocating to Hawaii, Hawaii Retirees, Hawaii Job Transfers and Hawaii Residents. Website: www.hawaiihomesmarket.com

  

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Celeste "Sally" Cheeseman  is a Realtor-Associate® and Certified Residential Specialist (CRS) with Century 21 Liberty Homes in Mililani, Hawaii. With a sharp understanding that a listening ear is the key to a client's needs  she serves the island of Oahu (Honolulu County) and all Hawaii Military Relocations, Hawaii Retirees, Hawaii Job Transfers and Hawaii Residents, Home Buyers and Sellers.

 

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Comments(80)

Janice Roosevelt
Keller Williams Brandywine Valley - West Chester, PA
OICP ABR, ePRO,Ecobroker

this is not an easy busy.

Jan 31, 2009 11:34 PM
Corey Dutton
Private Money Utah - Salt Lake City, UT

I agree with Susan Neal when she mentions agents that cite real estate law. However, particularly for agents that stay informed and know every facet of the industry, its hard to NOT give their opinion on a subject they have alot of experience with . I know agents that have been at this for 30+ years and a lot of them are a darn near authority on practically every aspect. Its a fine line for sure. Because I'm NOT an agent I just try and work with ones that operate with integrity.

Feb 01, 2009 12:00 PM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Good information.  I think each real estate agent must get control of their client and tell them the things that are likely to happen during the home buying or selling experience.  Bad advice from all sorts of people is part of the landcape.  Tell your client to relay any information they receive so you can adise them on how to handle it.  

Feb 01, 2009 04:28 PM
Olga Diaz
COLDWELL BANKER TOMLINSON - Pullman, WA
Potter, Mng Broker, CRS, ASP, ePRO, ABR

So true Celeste.  It's easy to want to be "helpful" to your client and forget about the definite and sometimes not so definite lines we can cross.  Good post!  Thanks.  Olga

Feb 02, 2009 07:33 AM
Gail Robinson
William Raveis Real Estate - Southport, CT
CRS, GRI, e-PRO Fairfield County, CT

Sally - That's a tough one for me.  I like to share what I've learned with others, but in this business, you CAN be too helpful and end up in a lawsuit.  I have to stifle my helpful impulses at times and refer my clients to their accountants, attorneys, mortgage brokers, etc.  It's very important in this profession to stay within the confines of our area of expertise.  Good reminder, thanks.

Feb 02, 2009 01:22 PM
Kevin Kilpatrick
EXIT Realty Success, Salt Lake City, West Jordan, Utah - West Jordan, UT

True, let's do our part and let other professionals do theirs!

Feb 03, 2009 03:16 PM
Jay Oku
Academy Mortgage Corporation - Ewa Beach, HI

As long as we have humans we will have this tug of war. Enjoy the ride. Great post.

Feb 03, 2009 06:35 PM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Janice: No matter what....if we all would abide by some morals and paid attention to our own job instead of others it would go smoothly.

Private: I give my opinion on some things....on home inspections I go through the report and let my buyer know what he suggested for repairs....with numbers I tell them to make their loan officer do his job (just kidding...I refer them to their loan officer but I do guide them in the beginning to let the loan officer know what their monthly budget will allow for mortgage payment...otherwise, they start looking at half a mill homes when they can afford a condo.

Feb 04, 2009 01:46 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Robert: This is such a small island that one steps on anothers toes and they are greatly remembered!

Olga: It's one thing to give opinions when something is not right....it's another to give opinions when it's not facts.

Feb 04, 2009 01:49 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

thanks Gail...believe me...I love to 'help' but know my boundaries.

Kevin: Simple but true.

Jay: We are all human and all have different thinking and opinions...but unless one wants to end up in a lawsuit or jeopardize their license .. we do what we are TRAINED to do. 

Feb 04, 2009 01:52 AM
Dario W. Castiglia
LightHouse Realty - Abbotsford, BC
Super Dario

Well said. So many people cross the line and start flapping there gums and have no idea what they are talking about.

It needed to be addressed and you said it!

Feb 08, 2009 06:17 AM
Team Honeycutt
Allen Tate - Concord, NC

Great post. I 100% agree. These things are not worth loosing your license. Thanks for the post.

Feb 09, 2009 03:57 AM
Kevin Schamel
Coldwell Banker United Realtors - The Woodlands, TX

One of those things where a little bit of knowledge can make you dangerous.

Feb 12, 2009 10:53 AM
Ron Bridges
ERA Wilder Realty, Inc. - Sumter, SC

Sally, I didn't see where if everyone else did their job and left mine alone I would have a lot less headaches and uncomfortable times.

Feb 16, 2009 11:54 AM
Sun City Grand Homes Surprise AZ Real Estate Leolinda Bowers Designated Broker Leolinda Realty
Leolinda Realty - Surprise, AZ
Sun City Grand in Surprise Arizona

Sally, it's unfortunate that everyone seems to wants their input.  Their advise is worth exactly what you pay for, nothing.

Feb 18, 2009 06:14 PM
Anita Billado
New London Agency Sothebys International Realty - New London, NH
Sally, Great article..nicely said!
Feb 19, 2009 05:47 AM
Tricia Pearson
Tricia Pearson - Pearson Real Estate - Texas Hill Country - Boerne, TX
Real Estate Broker, San Antonio/Hill Country Homes for Sale

Great post.  I've found these situations in both newbies and old pros.

Feb 20, 2009 12:38 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Thanks for your responses...something we all need to consider and be aware of.

Feb 20, 2009 03:04 AM
Sheri Mapes
Coldwell Banker West Shell - Cincinnati, OH

Love the article Sally!  Thanks! 

Feb 23, 2009 12:54 PM
Tom Boos
Sine & Monaghan Realtors, Real Living - Grosse Pointe Farms, MI
Providing the very best of service to Sellers and

Great points Sally.  We need to stick to what we know and make sure that we encourage our clients to seek appropriate "expert" advice when it's warranted.

Mar 04, 2009 08:40 AM