[photopress:gregoirepicture2.jpg,thumb,alignright] Why does the law say “a licensee who works with a BUYER represents that BUYER unless…”
Aren’t SELLER constituents deemed worthy of “equal protections under the law”? Why doesn’t the law say “consumer” generically, so that unrepresented sellers have the same protections, and not just a consumer when a BUYER? Why doesn’t it cover a little old lady owner when a licensee knocks on the door trying to buy the place, for less than fair market value? Why isn’t she represented at first contact?
Here’s a little FSBO trivia. Did you know that agents who bring For Sale By Owners a contract on an mls form, when representing a buyer, are breaching mls rules? Did you know that there is no place in that contract for an agent NOT to represent a seller in some capacity? Only two options: Agent represents the seller or agent represents both the buyer and the seller (dual agent). There is NO place in the contract for the seller to be NOT reperesented as in No For Sale By Owners allowed. A completely different contract must be drafted by an attorney if an agent wants to write an offer on a For Sale By Owner.
Lots of things need to be changed that are leftover loose ends from the days when every agent represented sellers. I’m hoping all of these new business models are going to force all of the trains that are off the track to finally get so derailed that someone has to fix them. Train 1. State Laws of Agency Train 2. MLS Rules Train 3. NAR and Code of Ethics They all need to fit tomorrow’s reality for the new business models to function properly. Tomorrow’s reality is happening as we speak, as these new business models come up and as For Sale By Owner companies spring up. Someone needs to “get on the stick” pretty fast to catch up, because “the times they are achangin'”.
The Law of Real Estate Agency needs to clearly define all of these new business models, so that the consumers, including the For Sale By Owners, are aware of when they are NOT represented, and when they are being offered “limited reperesentation” and what that means to them. That is part of the DOJ “stuff”, at least with regard to Exclusive Buyer Agency. Hopefully with regard to For Sale By Owner companies as well, though I haven’t read anything yet to suggest that is the case.
Where’s that “Food for Fodder” tag? Lots to chew on today.
rain city guide is now “ardell’s city guide” 🙂 :):)
blog on ardell!
-rdb°
Ardell,
On my birthday each year before I blew out the candles on the cake my father always said “Careful what you wish for it may come true”.
Dustin may own the site, but Ardell’s always been the Queen of Content – I don’t even try to keep up with her quantity. Yet at the same time, she’s also writes consistently high quality info. Good stuff Ardell!
Thanks Robert,
Rain City Guide has clearly changed my perpspective. Blogging generally allows me to speak about the same things I’ve discussed for years with other agents. But seeing the general public’s views on the same topics has been mind blowing for me.
I try to post and comment more when I know Dustin is doing a seminar or in San Francisco at a conference. I’ve also kicked up the volume since Anna moved to CA. I’m sure she has her hands full getting the family acclimated to their new environment.
Thanks Robert,
Rain City Guide has clearly changed my perpspective. Blogging generally allows me to speak about the same things I’ve discussed for years with other agents. But seeing the general public’s views on the same topics has been mind blowing for me.
I try to post and comment more when I know Dustin is doing a seminar or in San Francisco at a conference. I’ve also kicked up the volume since Anna moved to CA. I’m sure she has her hands full getting the family acclimated to their new environment.