Since Real Estate Sales is a unique beast and over the years has gotten more and more complicated and litigious, I thought it would be interesting to follow up on Robert’s post about the education needed to become a real estate agent. There are so many fields of knowledge that are needed to practice adequately, and requirements to get a license don’t even skim the surface. I’ve never understood why the standards for entering this profession are so low given the magnitude of the effect an agent’s knowledge has on a customer.
Every real estate contract I’ve ever written has had potential to blow up into a legal battle. None have so far, but that’s probably because my errors mostly went unnoticed, were negotiated away or didn’t do any financial damage. Agents can get in trouble when first opening their mouths to talk to a client about buying or selling real estate and I know that the average agent doesn’t even know what he or she doesn’t know. Despite the many years as I’ve been in the business, I learn something scary on nearly every deal.
When I wrote my first contracts in 1978, I didn’t even know what title insurance was and yet I was HANDWRITING a title insurance contingency (I had language that I copied). Things have changed, the contracts are now boilerplate, but most agents still don’t understand that boilerplate well. Experienced agents understand a whole lot more than the newbies since most of us learned it by doing it wrong at one time or another.
For instance, my buyers were under contract on a vacant house last year and I brought in a heating contractor to get a bid for replacing the furnace. Oh oh, the CO level was at 92%, according to the technician and guess what, he had to decommission the furnace (a state law, apparently) in the middle of a very cold January. The seller was livid, my broker was stumped, the other broker was stumped, but we negotiated our way out of it. The seller (an attorney by the way) paid for the furnace and my buyers refunded him at closing since they wanted to install a new furnace anyway. I got lucky.
That’s just one of hundreds of stories. The scope of a real estate transactions is so broad, that experience in construction, architecture, inspections, repairs, real estate contract law, title and escrow issues, Fair Housing, underground storage tanks, septic systems, well water, lead paint, mold, radon, multi-cultures, finance, accounting, a working knowledge of condominium law and association lawsuits, and all the lawsuits relating to OSB siding, Cadet heaters, etc etc almost seems to mandatory..
Before you think I’m being dramatic here, these issues all come up during a normal realtors practice on one level or another. If an agent isn’t scared of saying or doing the wrong thing, then they’re not aware enough of what can go wrong. Since attorneys aren’t in the showing and listing business, it’s not practical to have one tag along with the agent all day to make sure that every written and spoken word is legally correct.
The only cure for at least raising the odds of being competent is to require a higher level of education. To sell real estate, I don’t think you need English grammer (would be nice) or calculus or History of the World, but you do need to know how to compute fractions, percentages, and know how to qualify a buyer for a home or at least understand how the lender does it. You need to understand the accounting basics of the normal transaction, some basic understanding of 1031 exchanges and for sure, understand all of the multiple forms, what they mean and how to fill them out legally. We’re supposed to say “I’m not an accountant (attorney, etc) and I can’t give you advice in that matter