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ActiveRain Community Guidelines and Referrals

Reblogger
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

I like the way Gary Coles (International Referrals) piggy-backed on my post and tied the moral, ethical issue regarding referrals in with the ActiveRain Community Guidelines. 

Despite some bad apples, they are everywhere in life, the ActiveRain Community is still largely GOOD. Better than Good. It's GREAT [hear Tony the Tiger]. 

A great example of how connections are made as well. After commenting on Gary's post and Gary commenting on my post, Gary decided to Ring and Sing with me today.  How cool is that? You may not think it is cool. I sure do. 

If you have not already read Gary's Featured post, please do so. Please leave your comment on Gary's post. 

Thank you!

Kathleen Daniels wrote an interesting post today titled "Simple Question: Agent Refuses to Pay a Referral Fee".  Most of my business is dealing with referrals and naturally, I have been giving her post a lot of thought. 

I also wondered how the question relates to the ActiveRain Community Guidelines which many of us have been reviewing for the 2016 Blog JUMPSTART Challenge - Grow Your Personal Best for YOUR Success 

My personal viewpoint is that anyone who assists me should be rewarded. I have paid referral fees with no referral agreement and also for referrals three or four years after I have received them. In one case, I received a referral from an agent and the client arrived with friends who also purchased. I paid referral fees both for the client and for the purchase made by the friends.

This question can be answered in several ways. On one hand, we have the legality of the entire matter. On the other hand, we have the concept of ethics and personal responsibility. I feel that the code of ethics of the National Association of Realtors® and the ActiveRain community guidelines are guides for our ethical consideration.

I am not an attorney, so this is not meant as legal advice, but I looked at a copy of the California Association of Realtors® referral document and here is the language:  "...upon recordation of deed or other evidence of transfer, it within 12 months, (or __________) from the date of this agreement...".

I am afraid that most courts would agree that it is not within 12 months and no referral would be legally required.  The two-year time-frame given in the example would give little protection to a referring agent.

 

 

As to the ethical consideration, I think that is much different. As members of ActiveRain and Realtors®, we generally attempt to hold ourselves to a much higher standard of responsibility to the public and to our fellow professionals.

  • The ActiveRain community guidelines state "...  being a part of any community requires a certain level of trust".
  • "ActiveRain members must remain zealous in their quest to represent our industry in as true and professional of a light as possible, for both their fellow professionals and the consumers who access this platform".
  • and, "The ActiveRain community and real estate industry as a whole will only be respected to the degree of  character represented by the actions of its professionals. Do not conduct yourself in a way that disgraces your fellow members on this network".

I also believe referral agents, both the receiving agent and the referring agent, will find that their business will grow much more if they gain a reputation of going beyond the minimum required when working with referrals or any other aspect of real estate.

Another thought is the Golden Rule, "Treat others the way you would have them treat you." 

It also seems to be a subjkect for the concept of karma. The Wikipedia encyclopedia makes the statement, "good intent and good deed contribute to good, and future happiness, while bad intent and bad deed contribute to bad karma and future suffering.

 In summary, when dealing with referrals or anything else in real estate or in life we have choices. When we look at contracts and day-to-day situations, we must obey the law, but we do not have to follow community guidelines or code of ethics. They are different. Our choices will reflect our character and our personal sense of responsibility.

My belief is that by choosing to belong to the ActiveRain community, we are agreeing to hold ourselves to higher standards and that we should not use technicalities to avoid our responsibilities to other professionals and to the public.

 

 

 

 

 

Great Opportunities Are Waiting for You All Over The World!

 

International Referrals

 

Gary Coles

 

garytcoles@aol.com

www.Paradise4Gringos.com

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https://www.linkedin.com/in/garytcoles

 

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Latin America --  Isn't it about time you learned more about the opportunities for YOU?

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Comments (15)

Florida Tolbert Team Keller Williams Advantage
Keller Williams Advantage III Realty in Lake Nona - Orlando, FL
Keller Williams Land Luxury Division Specialist

Kathleen,

So diplomatically said.  Even when you are the wronged party, you still keep a smile on your face.  

I wish you the best whichever path you choose.  

Jan 21, 2016 11:08 AM
Gary Coles (International Referrals)
Venture Realty International - Las Vegas, NV
Latin America Real Estate

Hi Kathleen Daniels .  Thank you for the re-blog.  We seem to be having fun while we try to educate our friends and colleagues here in the Rain.  

Also, I really enjoyed our conversation this afternoon.  Best of luck with you sub-niche  -- I think probate as a real estate specialty is fascinating.

Jan 21, 2016 11:12 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Ditto what Kevin said above in comment no. 1. Keep Your Lovely smile, Kathleen. I will stop by Gary original post too.

Jan 21, 2016 12:14 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Kathleen. Great choice for a re-blog. You're right he did add something to your wonderful post.

Jan 21, 2016 06:12 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

It is a great community and this was a fantastic reblog Kathleen Daniels 

Jan 21, 2016 07:43 PM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

There is indeed a lot of trust involved despite the contract. On the referall note: I have only done one international referral and it is one i received, they flew here with nothing but their suitcases, quickly bought a brand new home that was ready to go. I took them around to learn the area, they got a car, furniture and took me to a lot of lunches in between.  

Jan 21, 2016 09:28 PM
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

Kathleen, it sounds like this was a pretty high end referral.  And I can't believe that the agent didn't come back and say something like, "Look, this took me two years to settle, and could we renegotiate the amount of the referral fee?"   But the zero, zip nada?  That's just outrageous. 

Jan 22, 2016 01:31 AM
Curtis Van Carter
Better Homes & Gardens Wine Country Group - Yountville, CA
Your Napa Valley Broker Extraordinaire

Kathleen

WANTED TO MAKE CERTAIN YOU GOT THIS.

I got your email about them but have conflects both days. Thanks for thinking of me. cheers cvc

Jan 22, 2016 02:25 AM
Signature Homes & Estates
Signature Homes & Estates - Gilroy, CA
"Our Performance Will Move You!"

Well, your original post seems to have picked open a scab.  It was a good post!  Apparently hit a nerve with a lot of people!

Jan 22, 2016 06:39 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Kathleeen - Gary did a great job on this post, and his approach is exactly the right one for anyone wishing to be a true professional in this business.

Jan 22, 2016 07:04 AM
Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA

Thank you for sharing Gary's post . . . I will comment on his post which I agree to wholeheartedly. . . but I have ask - what do you mean by "Ring & Sing"   . . . thanks!  :)

Jan 23, 2016 07:50 AM
Kathleen Daniels, Probate & Trust Specialist

Joy Daniels - it is a January contest hosted by Debbie Reynolds - check the contest page or the post here.

Jan 24, 2016 06:23 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I do believe that what goes around comes around. When you treat others the way you would like to be treated, they reciprocate. I met with a woman today who was not happy to see me but put up with my yakking because her husband invited me and I was necessary to their goal. By the time I finished, she was shaking my hand, smiling, laughing and apologizing for being so grumpy. Just don't accept the negativity into your life, and you'd be amazed at what happens.

Jan 23, 2016 09:51 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi Kathleen, I did read Gary's post and made an excellent point. I am glad you actually got a chance to speak with him on the phone too.

Jan 24, 2016 05:17 AM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Gary Coles (International Referrals) did you justice Kathleen Daniels. He's such a gentleman and an excellent writer with worldly knowledge. You are so lucky to have received this testimonial. He truly honors you and that's a lot to be thankful for.  

Jan 27, 2016 04:17 AM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I have to agree with you, Kathleen. Overall the AR Community is very awesome. I'm glad Gary reached out to you. We spoke several years ago. I'll have to reach out again. 

Feb 17, 2016 11:02 AM