You need to file a Grievance!!

By
Education & Training with Real Estate Expert Witness Support

I have been on Grievance and Pro Stans committees for over 20 years.  I have also been an Ombudsman for our local board,  In that experience,  I have come to the conclusion that we don't take the Grievance process seriously.  I hope I can persuade you to change this.

We all complain about bad agents.  Too often, manager/brokers don't control their people or have any idea of what they are doing. Ask yourself,  have you ever dealt with an imcompetent, unethical or stupid agent?  If you say, no, then I wonder how many deals you have done.  If the answer is yes,  did you file a greivance on them?  Probably no.  In your defense,  I have only filed 2 in 30  years,  so I am lecturing myself here too.

Short of litigation,  Grievance is the only way that we can make a dent in cleaning up our business.  In these hearings, when they are confronted by 3 or 4 of their peers,  who judege them,  there any many who wake up and smell the coffee.  Other times,  they don't and wind up in front of the hearing panel again.  Some agents think that the bad guy only gets a slap on the wrist.  This is not true.  Besides putting a letter in their file,  the committee can also require training or even suspension from the board. I have been on panels where we  fined the agent and broker up to $5000 each.

The sadest part is that so many of the agents who are making mistakes don't even know it.  They go to work for a sleazy broker. who hires lots of agents, with no training.  So, the new agent simply goes out and does what they are told.  We even had one broker who would send out pre-licensed people, who were waiting to be tested.  He told them,  it was the best way to learn.

Here are some issues to consider:

  1. Article 1: Failing to protect their client's interest
  2. Article:2  Misrepresentation or non-disclosuer
  3. Article 3:  Failing to coop - trying to double-end without exposure to the market
  4. Article 4: Hiding ownership interest in the property
  5. Article 5: Not disclose interest in teh property
  6. Article 6: Taken hidden compensation
  7. Article 7: Not taking compensation from others without disclosure
  8. Article 8: Keep client funds in Trust
  9. Article 9: That all agreements should be in writing
  10. Article 10: Discrimination
  11. Article 11:  INcompetence including operating in an area of real estate beyond their ability
  12. Article 12:  False and misleading advertising,  flyers, etc
  13. Article 13:  Don't give legal advice
  14. Article 14:  Failing to cooperate with the Grievance process
  15. Article 15:  Knowingly make false statements about competitors
  16. Article 16:  Interfering with another agent's relationship with their client
  17. Article 17:  Money disputes are supposed to come to the board, not litigation
  18. For mre information and examples, http://www.realtor.org/MemPolWeb.nsf/pages/COde

So,  help our industry get better.  So, the next time you you see a bad guy (or girl),  file a grievance

 

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Guy Berry

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Comments (4)

Jim & Maria Hart
Brand Name Real Estate - Charleston, SC
Charleston, SC Real Estate

This is a great post.  I will admit that we are guilty of not filing a grievance when we should have, but we have every intention of doing so if we need to in the future.

Jul 25, 2008 10:24 AM
Guy Berry
Real Estate Expert Witness Support - San Jose, CA
Real Estate Broker and Legal Expert

I agree.  We wither have to quite whinning about bad agents or do something about it.

Jul 25, 2008 10:30 AM
Erik Hitzelberger
RE/MAX Alliance - Louisville REALTOR-Luxury Homes - Louisville, KY
Louisville - Middletown Real Estate

Guy - this is an excellent call to action.  If no one acts to cause change, then it will not occur.  Expecting otherwise is called insanity.

Jul 25, 2008 10:34 AM
Guy Berry
Real Estate Expert Witness Support - San Jose, CA
Real Estate Broker and Legal Expert

I guess we will see what happens.  Never know how many people read my blog but I can always hope for the best.

Jul 25, 2008 11:23 AM