Atlanta Issuing Tickets to Listing Agents for Run-Down Properties

By
Real Estate Agent with Century 21 In the Mountains

buildingg"We don't know how to get hold of out-of-state asset managers. We know how to get hold of you."

So said a City of Atlanta code enforcement officer to real estate agent Wayne Flanagan after issuing Flanagan a ticket for code violations on a foreclosed property that he had listed.

According to an article that appears in today's Atlanta Journal-Constitution, another agent was hit with $3,311 in fines one month for an apartment complex that he had on the market. Despite the fact that the property had been professionally boarded up, vandals repeatedly tore down the boards and accessed the buildings. The agent paid the fines...then lost the listing.

Overstretched code inspectors--tired of the blight that a glut of foreclosures are bringing to certain neighborhoods in the city, and frustrated by the lack of response they are getting from out-of-state institutions--are zeroing in on the one person who they can easily access--the listing agent, whose name and phone number are on a sign out front.

Click here to read the article. 

 

 

 

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Rainer
42,274
Sheila Reeves
Allen Tate Realtors - Greenville, SC

That should be in a "most outrageous" category.  Actually, I don't think that would be legal for them to fine you for an owner's propperty.  I think the agent or his/her broker should consult an attorney. 

Next thing you know, they will be fining agents for the market conditions. 

Jul 09, 2008 11:13 PM #1
Rainmaker
122,009
Wendy Smith
Wendy Smith Real Estate - Clearwater, FL
Real Estate Advisor

Unreal.  I've received calls from Code Compliance people too.  Sometimes they just don't take the time to track down the owner - my real estate sign is an easy way to call *somebody*

last week, a guy inferred that I was somehow responsible because I listed the house....

I politely explained that if I owned the house, it wouldn't be in that condition and gave him the mailing address of the owner.  Then thanked him for following up on this and wished him success in getting the owner to cut the yard as my requests have gone unanswered.  Perhaps it will attract more buyers with the yard cut.

 

Jul 09, 2008 11:53 PM #2
Rainmaker
116,834
Kim Southern- "Sold" with Southern Hospitality
Century 21 In the Mountains - Ellijay, GA
Greetings from the North Georgia Mountains!

Sheila:  Yes...I do think it is a travesty. I understand the frustration of the code enforcement officers--they want to see the right thing done to help the neighborhood. Nevertheless, they're looking to the wrong folks to fix the problem. We, as listing agents, would love to see the properties cleaned up too--as much, if not more, than anybody else. Love you're line about fining us for market conditions...if that were the case we'd ALL be in BIG trouble!!

Wendy: You are so right! Rundown properties make our job much harder...In cases like these, we're easy marks because we're the only one's that people can get to.

Thank you both for stopping by!

 

 

Jul 10, 2008 01:17 AM #3
Rainer
130,186
Rich Dansereau
Positive Real Estate Professionals - Knoxville, TN

I think this is an awful development! I really don't see how a listing agent could be held responsible for the upkeep of an abandoned property unless they signed something that contractually obligates them. If the agent isn't contractually obligated for the properties upkeep then it sounds like a waste of resources to have these enforcement officers writing these citations. Perhaps fines for the REO companies would be more appropriate. Just my

Jul 10, 2008 01:55 PM #4
Rainmaker
116,834
Kim Southern- "Sold" with Southern Hospitality
Century 21 In the Mountains - Ellijay, GA
Greetings from the North Georgia Mountains!

Rich: I totally agree...I understand the frustration involved...but c'mon.

Thanks for stopping by!

Jul 10, 2008 03:42 PM #5
Rainer
22,334
Mercure Volt
Fairmount Realtors - Montclair, NJ
Montclair School of Real Estate

Wow! Thanks so much for posting this. This is the kind of issue that perhaps the National Association of Realtors can call attention to.

Listing agents responsible for neglectful owners? Obviously made worse because of the nationwide foreclosure crisis.

Jul 13, 2008 06:14 PM #6
Rainmaker
116,834
Kim Southern- "Sold" with Southern Hospitality
Century 21 In the Mountains - Ellijay, GA
Greetings from the North Georgia Mountains!

Mercure: I agree! It certainly does seem like an issue that the NAR should address.

Thanks for stopping by!

Jul 14, 2008 12:21 AM #7
Rainmaker
82,224
Derenda Grubb
CENTURY 21 Mike D. Bono & Co.'s - Lake Charles, LA
GRI, ABR, CRS

WOW, Where is the State Association of Realtors Legal Beagles?  You would think they would be jumping all over this before it becomes a National epidemic.  I do hope that you will post updates on this situation.

Jul 14, 2008 12:36 AM #8
Rainer
21,177
Jeff Thornton
Jeff Thornton ABR CRB CRS CSP e-Pro GRI - Lansing, MI
ABR CRB CRS CSP e-Pro GRI

I agree with Derenda that is most definetly something that the state association of REALTORS should be getting into

 

Jul 14, 2008 01:01 AM #9
Rainmaker
116,834
Kim Southern- "Sold" with Southern Hospitality
Century 21 In the Mountains - Ellijay, GA
Greetings from the North Georgia Mountains!

Derenda & Jeff:  Couldn't agree more! I will keep you posted...

Thanks for stopping by!

Jul 14, 2008 04:12 AM #10
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Rainmaker
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Kim Southern- "Sold" with Southern Hospitality

Greetings from the North Georgia Mountains!
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