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Is There Any Accountability or Enforcement Left?

By
Real Estate Broker/Owner with Kelley Graves Realty, LLC

Incredible. Realtors have lots of "Codes of Ethics."  There are theoretically, at least in Texas, laws in place to protect consumers.  There is even a Texas Real Estate Commission that has a big budget, staff, and the appearance of maintaining the practice of real estate as a "regulated" profession.  Problem is, it is little more than a display for the appearance of regulation and control in an industry that runs rampant with daily violations of the very standards it claims to uphold.

So you think I am just down on Realtors?  Well, you are right.  I can only speak from my own personal experience, and that involves the interactions I have had with agents, brokers, and even the large company brokerages scattered across the country.  That experience has taught me there is one code above all others in the Realtor world, i.e., just go along, get along, take your money, and don't let ethics get in the way of business.  Sound harsh?  It is.  I am disgusted.  I am sick of seeing consumers getting treated unfairly, misinformed, misguided, taken advantage of, cheated, held up, deceived, and ripped off. 

Real estate transactions can be complex.  There are emotions, finances, repairs, codes, surveys, inspections, appraisals, legal issues and a whole lot more that can hinder a property exchange.  A real estate professional, with the proper training, experience and skill can provide a true service to a client in navigating through this process.  I have often heard trainers state" Always be the source of the source and never have an original thought" for the sake of covering your own butt in a transaction.  I say that is hogwash.  If my doctor, lawyer, tax accountant, or other professional doesn't ever have an original thought to offer, I frankly don't need them.  We have books.  We have the internet.  I can be sitting on the edge of the Grand Canyon with a laptop computer and look up every bit of information known to mankind.  I don't need a parrot or a form printing idiot when I am needing an expert.  I need an original thought.  I need someone who can use their own brain and help solve my problem.  But what I also need is honesty and ethics.  That is where the breakdown really starts.  In Texas, it is almost impossible to file a complaint against a Realtor.  Any agent doing so must disclose their full name in the process.  Talk about suicide!  Go complain against one of the top brokers in your town and then try to work a deal with them in a month.  Are you kidding me?  There is no real accountability for Realtors.  It is all a public show for the furtherance of the trade.

So that is the current state of affairs in real estate.  Ethics and morals are high on our talking points list to clients.  Big real estate firms espouse the highest standards of professionalism and "caring" but put agents out on the street with absolutely no experience or training.  Violations of the Code of Ethics run rampant, but nobody is watching and nobody cares.  Despite the public persona, people are getting more and more cynical toward the profession, and rightly so.  People will wake up.  They will find ways to avoid utilizing Realtors at all, and it will happen because of Realtors themselves.   What a shame. Who will stand up for change?  Anyone?

Comments(3)

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David Monsour
Keller Williams Keystone Realty - Gettysburg, PA
ABR - www.realty-insights.com

Steve- I will agree to bit a harsh.  Although I'm not against what you're saying.  I think the real estate licensing needs to get much harder.  The field needs to include more professional agents, not just people with a license.  I feel that this site contains a vast majority of the top, professional, trained agents, so perhaps your preaching is to the wrong group.  That being said, we, as realtors are always walking a fine line.  We are to know a lot about everything, but aren't allowed to give our opinions unless we are a professional in that field.  How many legal questions are you asked, how many accounting questions are you asked, how many physical attritubes of a home are you asked to know.  It's a CYA (cover your ass) society.  I know a lot about a lot but that doesn't make me a professional in that field.  I'll honestly say though I've straight up told people that we had to walk away that it wasn't worth it. 

The understanding should be not to collect a paycheck today, but to collect many because you did the right thing the first time around.  The only thing that travels faster than good news, is bad news.  Good post but to call out a whole industry is over the top.  The cream will rise to the top, I firmly believe this.

Dec 03, 2009 05:14 AM
Robert Ott
Century21 Beal Inc. - College Station, TX

Excellent post Steve! I always marvel at the comments made during MCE Ethics Training sessions. "Legal" immediately takes the place of the word (thus definition) "Ethics". There is a difference folks!

I agree with David concerning calling the "Whole industry morally corrupt" (I am paraphrasing) a bit harsh.  I mean, I am a licensed Realtor and I am not morally corrupt!

Do we want to discuss selling those great REO properties, "as is, where is" in this post? No, I don't think so; I have read a lot of comments concerning the "ethics" of lenders, agents and investors/buyers. I will leave that topic for another day.

One final comment Steve: The Texas Ethics complaint system has openings on the investigation committee right now; volunteer, then do the right thing!

Dec 03, 2009 05:46 AM
Steve Kelley
Kelley Graves Realty, LLC - Georgetown, TX

I don't disagree with either of you.  However, if the choir isn't going to make the change, who is?  Do we have to wait until the public gets so fed up that the whole industry crashes down?  Yes, there are a few agents that will walk away, that always put their client's interests first, and that never put dollars ahead of ethics.  Many, many more do not.  In Texas, the regulatory agency for oversight is headed up by, guess who, Realtors.  That is my point.  There is no real oversight at all. 

As far as "not being allowed to give our opinion", I do disagree with that.  Think about it, all other professionals obtain training and experience so that they can provide an opinion.  If we are limited to regurgitation of information, there is very little future for Realtors.  It is the ability to process that information and provide sound advice that brings us value.  Does that mean we can practice law? No.  But it does mean we have to be knowledgeable across the board in legal issues that can arise, we should know about inspections, appraisals, finance, and surveys.  Our only real worth is to be experts and skilled negotiators.

Dec 03, 2009 08:19 AM