Self Education = Self Preservation

By
Real Estate Attorney with Bay Vista Realty BK671311

Don't get me wrong.  I will be the first to tell you that I know it ALL.  That's right, ALL.  All until now.  I know everything that I have ever learned and not forgotten.  That is why I strive every day to learn something new and something old.  (Borrowed and Blue is another blog)

I strive to Re-learn things that I long ago forgot and educate myself on those things that many feel are not important. 

Like this little piece of info.  Did you know that Florida law says (basically) that any mark made buy the principle on the page of the contract constitutes agreement with that page.  So all of those little plus signs and Pac Man symbols all over the page are not necessary.  Am I saying not to do them.  No, do what your Broker or you Attorney advises you to do. 

But what I am saying is if you think you are going to tell your client that they can just walk away from a contract and use that as a reason, (When the underlying [true] reason is payment sticker shock) don't be surprised when you lose your clients escrow cheque. 

how about this neat little item.  Did you know that it is your duty to provide a neat and complete contract per the code of Ethics.  I think that neat or Orderly could be open to interpretation.  But Complete?   I think that complete is pretty much self explanatory.  But every day (remember I am the Broker and therefore I see more contracts than the average realtor) I see at least one example.  The latest was on a property we are listing and the selling agent put the amount of $______ in the blank.  Now I agreed via the MLS to pay 3%.  But if the agent only wants $________ and all parties signed $_______ then what am I obligated to pay.  I called the agent and asked her to correct it prior to allowing it to be presented.  She was very belligerent and said that I would have had to pay her anyway.   I asked her to hold and did a three way with her broker ( A close friend of mine) on the line and we asked his opinion.  He straightened that out Toot-Sweet and said to her with me still on the line, "I don't care if you are on your way to give birth, pull over at a Kinko's and re-fax the damn paper, and be glad you are  dealing with Gary" (Her issue was that she was late taking her dog to the vet)

I later got a call from the same agent explaining "bad day, expired listings, angry clients, etc."  I told her that I only called her because didn't want our sellers thinking that we didn't have to pay and so they didn't have to pay.  It is easier (and cheaper) to head off an issue now.   We both agreed. 

Undoubtedly, many of you are thinking, I shouldn't have called her broker.  Well, stop thinking that before I call yours!  I would have wanted my phone to ring in the same situation and although, we all know I was obligated to pay and I would have paid, the sellers and the sellers un-(Real Estate)-educated attorney might have thought differently which could cost (me, not her) thousands. 

I find that most of Florida is covered in two things, Sand and Good People.  Slow down, take pride in your work and enjoy the life we live.   

 

 

 

 

Posted by

I certainly hope this helps and if you have any questions, as always, feel free to drop a line at Gary@BayVistaRealty.com

If you or someone you know needs assistance with a Short Sale anywhere in the Tampa Bay Area, please don't hesitate to call to speak with a certified Short Sale Specialist.

 

Signature

Gary De Pury, SFR

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Broker-Owner

Bay Vista Realty & Investments, Inc.

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WHEN YOU ARE LOOKING FOR A HOME, REAL EXPERIENCE MATTERS.

Bay Vista Realty & Investments and our team of Professional Full Time REALTORS are ready to help you with

Comments (1)

Craig Schiller
Trempealeau, WI

AMEN! (That says it all.)

Jul 31, 2006 12:50 PM