No I Am Not An Attorney

By
Real Estate Broker/Owner with HomeRome Realty 410-530-2400 311291

 

Are We Too Litigious To List or Sell?

Come on, guys. We are Realtors®. We help people make significant decisions...buying and selling their homes. We need to be there for our buyers and sellers.

There seem to be more reasons NOT to be with our clients and NOT make this process easier. 

 Legal Scale


  

Why? 

We are a litigious society. We are afraid to do our job,  which consists of explaining, giving information, and helping people make the right decisions.

At this rate, the technology WILL be listing and selling because we have shied away from anything that may be cause for litigation.

 

Here are a few examples 

  • Listing agents should not be at home inspections.
  • Buyers agents should not be at home inspections. 
  • Listing agents should not meet the appraiser.
  • Don't put the assigned schools in the MLS.
  • Don't go to your settlements.
  • Don't explain the contract line by line for fear of giving legal advice.
  • Don't talk to the lender to see if the buyer is qualified or if they can settle in the time frame.
  • Don't recommend the home inspector, title company, termite company, or the structural engineer that may, in your opinion, be the best for the client.

 

 

How many times do we say

 

"I am not an attorney

and I don't play one on TV."

 

Of course, get legal advice but...

Are We A Bit Too Litigious To List or Sell?

Your Thoughts?

 

Margaret Rome

 

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im not an attorney and dont play one on tv

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Ambassador
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Kathy Streib
Room Service Home Staging - Delray Beach, FL
Home Stager - Palm Beach County,FL -561-914-6224

                                              

                                                 Thank you Margaret. 

Jul 13, 2019 06:56 PM #11
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Hannah Williams
Re/Max Eastern inc. - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-953-8818

Margaret Rome, Baltimore Maryland  I am a full service Real Estate Professional I do not give legal advice just Real Estate opinions - when it comes to legal issues I would recommend an attorney 

Jul 14, 2019 05:03 AM #12
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

Good morning, Margaret Rome, Baltimore Maryland some sue just to freeze you up! very litigious society.... we do not ever play attorney....and this is one reason every client we deal with has a real estate attorney from day 1....

Jul 14, 2019 05:10 AM #13
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
Helping you find your way home.

There's just as much danger of litigation from doing, as not doing, your job.  So you might as well just damn the torpedoes, full speed ahead, and do what you would normally do without concern about lawyers and courts.

Serve your client to the best of your abilities, and let the lawsuits fall where they may.

Jul 14, 2019 06:28 AM #14
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Kristin Johnston - REALTOR®
RE/MAX Realty Center - Waukesha, WI
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Congrats on being featured by Kathy this week!  Great post!

Jul 14, 2019 06:55 AM #15
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Debb Janes EcoBroker and Bernie Stea JD
ViewHomes of Clark County - Nature As Neighbors - Camas, WA
REALTORS® in Clark County, WA

Well Bernie is an attorney, although his license is currently not active and  he doesn't practice in our state. He is licensed in Oregon. With that said, we both offer as much advice and knowledge as we have - always. And we do meet appraisers, go to inspections, and attend closings. Naturally, we also remind them to seek fincanical or legal advice if they feel they need more detailed answers than we can offer. 

Jul 14, 2019 07:07 AM #16
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Margaret Rome, Baltimore Maryland
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Hannah Williams But of course...but you are there for your clients and know when to refer for legal advice. 

Jul 14, 2019 07:34 AM #17
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Margaret Rome, Baltimore Maryland
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Barbara Todaro Good way to run your business. Each client has their own attorney.

Jul 14, 2019 07:35 AM #18
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Margaret Rome, Baltimore Maryland
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Alan May Full torpedo ahead is not the way I would go. It is just as much a chance to wind up in litigation by not doing as well as doing.

Jul 14, 2019 07:38 AM #19
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Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
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Thanks Kathy Streib 

Jul 14, 2019 07:38 AM #20
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Margaret Rome, Baltimore Maryland
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Thanks Kristin Johnston - REALTOR® 

Jul 14, 2019 07:39 AM #21
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Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
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Debb Janes EcoBroker and Bernie Stea JD What a perfect comment.

"we both offer as much advice and knowledge as we have - always. And we do meet appraisers, go to inspections, and attend closings. Naturally, we also remind them to seek financial or legal advice if they feel they need ."

Jul 14, 2019 07:41 AM #22
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Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

I believe it's a pendulum thing and it's true across the board; not just in real estate. Sooner or later, things will go back the other way.

Jul 14, 2019 12:47 PM #23
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Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
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Jill Sackler But until that pendulum swings back...we need to help our buyers and sellers make the big decisions.

Jul 14, 2019 01:04 PM #24
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Rob D. Shepherd
Windermere/lane county - Florence, OR
Principal Broker GRI, SRES

When it comes to inspectors and such I give 2-3 names an numbers and tell the clients to make there own calls and research. 

Jul 14, 2019 07:02 PM #25
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Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
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Rob D. Shepherd That works well for you. 

Jul 14, 2019 07:35 PM #26
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Kat Palmiotti
406-270-3667 (MT), 914-419-0270 (NY), Broker in NY with Grand Lux Realty and in MT with (coming soon!) - Kalispell, MT
The House Kat

If I'm not doing those things on the "don't do" list above, what do my clients need me for? I go to inspections, go to settlements, explain documents they need to sign, recommend inspectors and attorneys (although do give them several names). That's part of what has to happen in order to make their transaction as seamless as possible. 

As a society, we are way too litigious.

Jul 15, 2019 03:45 AM #27
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Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
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Kat Palmiotti Nice seeing you. And it certainly looks like we are both on the same page. What do they need us for?

Jul 15, 2019 09:26 PM #28
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
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Hi Margaret:

You've certainly raised a good point. I'm careful about what I say and let others know it's my opinion and advice but I, too, attend buyer inspections, talk to lenders, etc. and whatever else I need to in order to represent my clients otherwise...as Kat says ---why do they need us?

I do not given financial or legal advice but recommend buyers and sellers consult the appropriate professional as needed.

Jeff

Jul 17, 2019 01:15 PM #29
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Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
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Jeff Dowler, CRS Sounds like you are being a true professional to your clients. They are so fortunate to be working with you.

Jul 17, 2019 05:44 PM #30
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