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This could happen to you, if you are flipping your own properties

By
Services for Real Estate Pros Insurance NPN # 13379201

In today’s flipping/investor market, some agents will buy & flip properties in order to earn extra money.

As an agent, you should be careful selling your own property through your real estate office.

Here is an example of what can happen

A real estate Broker, purchased a condo unit for $200,000 to use as a vacation property.

 

After owning the property for a year, he decided to put it on the market through his real estate company. Although the realtor/owner knew the condo had problems, such as plumbing issues and a hole in the wall that was covered with a hanging portrait, he did not make any repairs to the unit.

 

Two weeks after the Realtor/Owner listed the property, the office was contacted by a prospective buyer, who expressed an interest in purchasing the unit for $315,000.

While acting as a dual agent, Realtor/Owner sold the property

During the buyer’s initial visits to the property, there was still furniture in the unit which caused him not to notice some of the needed repairs.

After moving into the unit, the buyer discovered several problems and also found out that Realtor was actually the owner of the condo.

As a result, the buyer filed suit against Realtor and the office for failure to disclose known property defects.

The result

The Buyer won the case and was awarded $100,000 in damages. Real estate professionals acted as dual agents should be wary of selling owned properties through their real estate office. results could also be damaging both personally and professionally.

#1 Risk Factor

The Realtor/Owner did not stop to think about what could happen if the buyer of his property found out that he was selling a property that he owned while supposedly working on behalf of the buyer.

#2 Risk Factor

The Realtor/owner, put himself at risk by acting as a dual agent and selling property in which he had an ownership interest. There is additional risk if it should be discovered that an agent knew about defects in a property, especially if that property is their own.

 

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Comments(16)

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Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

There are so many opportunities for problems with the post that you shared. Full disclosure is extremely important, recommending the get a home inspection, their own attorney and whatever it takes to make the buyer feel you may be the seller, but want them to feel completely comfortable with the purchase.

Mar 08, 2013 07:49 PM
Frank Laisch
Orlando, FL
"The Insurance Guy"

Joe, you are so right. I have seen this actually happen.  FULL disclosure & having inspections are so important

Mar 08, 2013 07:55 PM
David Cole
David Cole CPA - Orlando, FL
David Cole CPA

This does not sound like a happy ending for the Realtor. He should have made repairs and disclosed that he was the owner as well.

Mar 08, 2013 08:09 PM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Realtors need to remember their Code of Ethics, follow the state laws and disclose everything.

Mar 08, 2013 10:35 PM
John Pusa
Glendale, CA

Frank - It is important to disclose all the problems with a property when placing a home in the market.

Mar 08, 2013 11:22 PM
Frank Laisch
Orlando, FL
"The Insurance Guy"

David, you would think he would do this, I'd hope he learned his lesson

Barbara-Jo,  I agree. thinking twice about doing things that violate the ethic code and ALWAYS disclose everything

John, I am with you!

Mar 08, 2013 11:28 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Frank, The agent didn't disclose and tried to conceal defects which are both wrong and reasons in Tennessee to lose your license.

Mar 09, 2013 07:59 AM
George Souto
George Souto NMLS #65149 - Middletown, CT
Your Connecticut Mortgage Expert

Frank Realtor or not, and one who pulls this kind of garbage should be fined big time.  This is the type of thing that gives the industry a bad name.

Mar 09, 2013 09:49 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Great post Frank, this agent should have spent a little extra time researching and listing all of the problems and making sure the buyer understood all of the disclosures.

Mar 09, 2013 11:50 AM
Frank Laisch
Orlando, FL
"The Insurance Guy"

Debbie, I agree a fine is not enough for this one. their license should be revoked

George, Indeed. there has always been enough bad press on the industry. we don't need anymore from a shady Realtor

Bob, you would think so, I think they were looking to turn a quick profit....

Mar 09, 2013 08:34 PM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Frank, I agree with all the comments above, as licensed professianls, we know better and held to higher standards. These type of agents shouldn't be allowed to practice real estate. Great post!

Mar 10, 2013 05:51 AM
Chris Jenkins-Sarasota Realtor
HomeSmart - Sarasota, FL
"Expect Success"

Frank, I rehab and flip a couple of houses a year and I hold myself to any standard I would hold my sellers... even higher since it is my reputation on the line.  I always make it clear I am the owner; I disclose what I've upgraded, and I disclose what I haven't.  None of this "I haven't lived in the property so I don't know anything about it" amendment BS... from how many investors who have you seen that garbage?

Mar 10, 2013 08:25 AM
Fred Konigsbach - 818-584-1330
Keller Williams Realty - Simi Valley, CA

In California it is the law to disclose when a the seller is the listing agent and even if the seller is related somehow to the listing agent.

Mar 11, 2013 04:27 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team
Hi Frank, great post and thanks for pointing out the pitfalls.
Mar 11, 2013 08:36 AM
Frank Laisch
Orlando, FL
"The Insurance Guy"

Thanks for stopping by & posting comments.  I know our AR family will not be doing these things. they are all above board

Mar 11, 2013 09:05 AM
Toni Weidman
Sailwinds Realty - Trinity, FL
20+ Years Selling Homes in New Port Richey, FL

Frank - we are required to reveal a relationship to the property here in Florida so I hope that wasn't a Florida story. When Craig and I flip, we don't work with buyers on our houses because of complications no matter how clean and good the home is.

Mar 18, 2013 09:29 PM