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real estate is not an individual sport

By jp endres-fein

Real Estate Broker/Owner with Better Homes and Gardens Rand Realty

August 07, 2008 01:03 PM

It seems lately most of blogs are me ranting and raving. really I usually am a happy, positive person. Maybe this market changes people and I seem to share my thoughts with you guys reading posts. Tonight I had a training class for instructors since our state changed the salespersons licensing form 45 to 75 hours (about time!) SO all the instructors came in to review the changes in the course outline. SOme of our instructors are lawyers. Now before any lawyers reading this get angry with me... please note my father (may he rip) was a lawyer.

Westchester County (in NY) Agents in this lovely county have had the ability to complete fill in the blank contracts for the last 7 or so years. In all of that time there has only been one completed contract by agents which has closed. (I did it) Always after contracts have been completed by the agents the lawyers have not approved them and done their own. Well tonight a lawyer in the same class had to go there! This individual sstarted speaking about conflicts of interest if an agent completes a contract who is representing the buyer if they are not being paid by that buyer.... PLEASE Come to reality. If I have a valid contract and a buyer who has the terms and price a seller wants and it is a fill in the blank contract, subject to attorney review.... what exactly is the problem?????

eal Estate is not an individual sport. If it were not for the real estate agents, the mortgage brokers and bankers, the inspectors, the title company, etc.... where would we all be? It is not just one person who makes a deal happen. It takes all of us. We are a team. Don't assume that because I am a real estate agent that I am uneducated. Hearing that they have more years of education makes me crazy, especially when they have no idea of my background. Everyone need to remember this is a team sport and when a team member does not pull their weight... I find a new team member to replace them with. Needless to say I will never refer business to this individual. How silly for them.

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Donna Harris

Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX

Realtor,Mediator,Ombudsman,Property Tax Arbitrator

Another reason we don't use attorneys in Texas. We have a fill in the blank contract that was created by our Broker-Lawyer committee, 6 of each, and those are valid in every way as they're promulgated by the state of Texas for use.

Aug 07, 2008 01:18 PM

Richard Thewissen

ERA Realty Pros - Stonington, CT

glad to hear more and more people working as a team these days. At least we are rated slightly higher than lawyers ;)

Aug 07, 2008 01:31 PM

Karen Tindall

Keller Williams - Murfreesboro, TN

We too have fill in the blank contracts in Tennessee. Every year the are revised by attorneys and our state board. They become more and more convoluted. Our complete Contract and addendums and disclosures can be as much as 35+ pages. It is amazing how much we real estate professionals do know. We are negotiators, therapist, market specialist, stagers and a miriad of other things, along with actually having a personal life. Don't take it personally you already know how professional and talented you are. Thanks for stating how much this truly is a team effort. It takes all of us working together.

Aug 07, 2008 01:38 PM

Chuck Carstensen

RE/MAX Results - Elk River, MN

Minnesota/Wisconsin Real Estate Expert

You are right. I like the analogy. There are so many parts to a successful closing. We all must work together.

Aug 07, 2008 02:08 PM

Glenn S. Phillips

Lake Homes Realty - Birmingham, AL

CEO, Lake Homes Realty / LakeHomes.com

Contracts with fill-in-the-blank sections are completed in a wide variety of industries around the country every day. Go sign a cell phone contract, it will have had blanks filled in (via computer typically), printed and you sign.

Go buy a car and get financing. Lots of blanks are completed by the F&I guy (or gal) at the dealership. You sign. Contract completed.

Can someone do something stupid on a fill-in-the-blank contract for a house, car, cell phone, boat, whatever? Sure.

But at the end of the day, the person signing that contract is responsible for reviewing and signing. If they want an attorney to review documents before they sign, sure. No problem.

But that does not mean the blanks have to be completed by an attorney.

Change is hard. Even more so if that change is not to your advantage.

Aug 07, 2008 02:35 PM

Miriam Bernstei

Rochester, NY

JP I know. I remember taking the class on broker prepared contracts seven years ago when I was with LIBOR. I was selling real estate in Great Neck then and it was the same out there. Getting anything to change in real estate in like pinching an elephant. Lawyers have too much at stake, it has nothing to do with our ability to do these contracts which are subject to their review anyway. If they give an inch everything might unravel. There are loads of agents who don't know how to negotiate a deal and throw everything at the attorney how will they do a contract!!!! I do know of one other broker prepared contract that happened. Uphill through molasses.

Aug 10, 2008 10:42 AM

Larry Riggs

Century 21 Redwood - Frederick, MD

GRI, SRS Your Frederick County Specialist

JP,

First you missed a very important point. In the eyes of an attorney everyone else is uneducated. As much as possible we do not have attorneys do contracts here in Maryland. Our contracts can be rather long. 35-40 pages in not unusual but we write the offers. Brokers or managers review them but unless the title company has a staff attorney that does settlements they are not reviewed by attorneys. I have heard stories about practicing real estate in NY. Better you than me.

Aug 12, 2008 05:38 AM

real estate is not an individual sport

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