Code of Ethics changes for REALTORS: Is this the solution?

By
Real Estate Broker/Owner with Remax Baja Realty

Many Real Estate Practitioners, REALTORS, and Buyers have been frustrated over the years that they were never sure if the offers were ever presented to the seller. I personally have experienced this on numerous occasions…

 

Presentation of Offers: Change to Code of Ethics, Standard of Practice 1-7

The C.A.R. (California Association of REALTORS®), Legal Hotline often receives calls from members, especially in busy markets, expressing frustration that they are not sure that their buyers’ offers were ever presented to the seller.  For some time, the RPA (Residential Purchase Agreement) has had a section for seller to initial rejection of the offer or for the listing agent to initial that they presented the offer to the seller.  However, those were a courtesy to the buyer and selling agent and not required to be completed by any law or ethical standard.  



That, however, is about to change.  The National Association of REALTORS®, in response to the break down in the spirit of cooperation, has amended N.A.R. Code of Ethics, Standard of Practice 1-7.  Effective January 1, 2019, a listing broker or agent is required to respond in writing that an offer was submitted to the seller if the cooperating broker who submitted the offer so requests.  The listing broker or agent must respond in the affirmative unless the seller has provided written notification waiving the obligation to have the offer presented.

C.A.R. is looking into ways for members to comply with the new Standard of Practice.  Ideas under consideration include one or more of the following:  New language being inserted into the RPA; Modifications to the existing Sample Letter titled, “Demand That Offer Be Presented to Seller;” A new form or letter specifically requesting a reply to the request that an offer be presented; Or a new form for the listing broker to respond to a selling broker’s request.  At this time, it is too early to tell whether these or other ideas will be adopted. C.A.R. will keep its members informed well in advance of the compliance starting date. 

I find this is all good and well for the REALTORS®, who are members and it will tighten the concerns. On the other hand, no one is talking about the Agents who are NOT members or simply stated they are not REALTORS®.

 

So, what is the answer? There were times I have submitted offers, asked for confirmation, voice mail was full, texted the agent no response… keep in mind they were all cash virtually non-contingent offers. My answer is simple I am not a vindictive person, times like this or situations like that we should be able to report and have the person’s license revoked. I will be confident this problem would be solved real fast. Easy to prove email time date stamped when and where offer was sent. Licensing reviews it and it is cut, and dry person’s license is revoked.

So, what do you think of this idea? This could be a Nationwide Answer. Let me know where I am going wrong and what is a better solution? Maybe an outragiously high FINE?

 

If you are looking for a focused and goal-oriented Realtor in the Baja California: Rosarito beach, Ensenada, Tijuana area who will help you achieve your Real Estate goals, please reach out to me directly!


If you are looking for a real estate agent on the Mexico-US border that accepts pets and can handle and sell the most difficult properties that no one else could, contact me directly!

 

If you are considering buying or selling a home, a luxury home, luxury investment real estate, luxury vacation homes or luxury beach properties in Baja California, Rosarito, Ensenada, Tijuana or the coast, do not hesitate to put contact me: 

 

Recovered from Activerain Blog by Endre Barath Jr.

 

Gustavo Torres

(619) 270 5446

REMAX/BAJAREALTY

rosaritobeach@topproducer.com

www.bajainvestment.com

RE/MAX Baja Realty

 

 
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Rainmaker
292,174
Mott Marvin Kornicki
Waterway Realty, Realtors® • Broker • South East Florida • - Miami Beach, FL
Waterway Realtors, Notary Public 786-229-7999

It's a shame that our industry has come to this point. Every market across the board is dealing with this same issue. Are agents selectively presenting offers to their sellers at random? Perhaps there is a method to the madness.

Jul 06, 2018 10:09 AM #1
Rainer
390,503
Dan Hopper
Keller Williams Realty Downtown LLC - Denver, CO
Denver Realtor / Author / Advocate/Short Sale

No doubt that every market across the Country is dealing with this issue.  As a listing broker I always make it a policy to present ALL offers, including text messages & emails, phone calls (verbal offers), and the normal written offers on State approved commission forms.... nothing states that a seller has to respond to any offer, let alone get them to "reject an offer" by initialing or writing "reject" on the signature page.  Which, does help us prove the submittal took place.  As stated, not all licensees are Realtors®, so "revoking a license" would be a State issue, not a Board issue.  Will be interesting ...

Jul 06, 2018 12:18 PM #2
Ambassador
2,757,350
Anna Banana Kruchten CRB, CRS 602-380-4886
Phoenix Property Shoppe - Phoenix, AZ
Arizona's Top Banana!

Gustavo - Endre Barath, Jr. wrote a post regarding this topic recently. He is also from CA where it appears this is happening a lot.  I'm not surprised you folks are fed up with this kind of behavior and a strict policy - you mess up you lose your license.  That I am sure will never happen - sure won't in my state of AZ.

Jul 06, 2018 01:19 PM #3
Rainmaker
2,962,231
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Gustavo,  I am glad you liked my title and my post about this subject since you copied it, in the future feel free to Re-Blog instead of cut and paste...some might consider this plagiarizing.  I will consider your copying  my writing as a form of flattery, do not hesitate in the future to give me credit,Wishing you all the best! Endre

Jul 06, 2018 02:06 PM #4
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Rainmaker
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Gustavo Torres / RE/MAX Rosarito Beach, Tijuana Coastal, Ensenada, BAJA

Remax Baja Realty, Baja California
How to buy real estate in Baja
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