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Thread: Flat Fee to List House for Sale

  1. #31
    One is a dead link and the other doesn't support your case.
    Your googelator is broken.

    Then you use 'steering' and 'fair housing act' when what you are talking about is the fiduciary relationship between a buyers agent and his client.

  2. #32
    If I may ...

    Quote Originally Posted by officeguy View Post
    One is a dead link and the other doesn't support your case. Your googelator is broken. Then you use 'steering' and 'fair housing act' when what you are talking about is the fiduciary relationship between a buyers agent and his client.
    I couldn't really give a f*ck, even if I had any to give, about what you think. Especially since I'm not trying to make a case out of anything. Believe what you will. I'm giving examples of why an agent must present all properties. If you can't see that ... But if you want, under "fiduciary relationship", (Fiduciary Responsibilities);

    Reasonable Care and Diligence: An agent is obligated to use reasonable care and diligence when pursuing the principal's affairs. The standard of care expected of a buyer's or seller's real estate broker is that of a competent real estate professional. By reason of his/her license, a broker is considered to have skill and expertise in real estate matters superior to that of the average person. This would be the "must" in presenting all properties.
    Or maybe it's,
    Disclosure: An agent must disclose to the principal all known relevant and material information that pertains to the scope of the agency. The duty includes any facts affecting the value or desirability of the property, as well as any other relevant information pertaining to the transaction, such as the other party's bargaining position, the identity of all potential purchasers, information concerning the ability or willingness of the buyer to offer a higher price, any intent to subdivide or resell the property for a profit.
    Or maybe it's,
    Loyalty: One of the most fundamental fiduciary duties an agent owes to the principal. The duty obligates a real estate broker to act at all times, solely in the best interests of the principal, excluding all other interests, including that of the broker.

    Now, maybe you are too much of a know it all, and if so, please share with the class, but please let me know of any agents that would do something like this so idiotic so that I might go and set them up for a good payday. Please?
    If the military wanted you to have a spouse, or family, they would have issued you one.

  3. #33
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    Quote Originally Posted by officeguy View Post
    If I wanted to wade through every property on the market I wouldn't have to hire a realtor. I hire them to sort the wheat from the chaff and most FSBOs happen to be chaff.
    I know a nice lady who was in no rush to sell her house, and was trying to do it FSBO for a year. The house was a steal (as in listed $10-20k less than comps but had new everything and was always kept clean), but for whatever reason she only got a half dozen people to even look at the place. I assume their must just be a stigma against FSBO (she was listed on the main websites, including the military by owner one).

  4. #34
    Quote Originally Posted by LightRoasted View Post
    If I may ...



    I couldn't really give a f*ck, even if I had any to give, about what you think. Especially since I'm not trying to make a case out of anything. Believe what you will. I'm giving examples of why an agent must present all properties. If you can't see that ... But if you want, under "fiduciary relationship", (Fiduciary Responsibilities);
    You may not.

    You obviously do care otherwise you wouldn't get your blood pressure up about this.

    You use 'steering' under the fair housing act' as a crutch to justify your mistaken beliefs.

    The buyers agent has to act in his clients best interest. That's pretty much it, all your acronyms nonwithstanding.

  5. #35
    Recently in my search for a property... i saw an ad by a FSBO.. on craigslist. showed it to my agent.. my agent said "they probably wont' even talk to me.. you should contact them".

    She is an experienced realtor with a long established company. I doubt she has violated a law or ethics code.. and i do think she would have if i had insisted, or say, asked again.

    The story about the paint is interesting.. however who's to say the seller still wouldnt' have done that without asking his agent and still have been held liable.

    I think if i were selling a home, i might try the FSBO route and note that buyers agents were welcome with commission.. and price that commission into my price. But also note I have sales experience so i'm comfortable. I also am amazed at how bad some of these listed properties are.... either the pictures are just horrible, out dated, or deliberately hide problems. I see them and think these people should not be realtors. Even in their descriptions failing to use complete sentences, typo's, and listing wrong information.

    now if i needed a fast sale, i'd probably hire a sellers agent.

  6. #36
    If I may ...

    Quote Originally Posted by DannyMotorcycle View Post
    Recently in my search for a property... i saw an ad by a FSBO.. on craigslist. showed it to my agent.. my agent said "they probably wont' even talk to me.. you should contact them". She is an experienced realtor with a long established company. I doubt she has violated a law or ethics code.. and i do think she would have if i had insisted, or say, asked again.
    So what's the point of enlisting the services of a real estate agent if you have to do her work? She violated the first rule (article) of the NAR Code of Ethics and Standards of Practice, "Duties to Clients and Customers" Article 1: When representing a buyer, seller, landlord, tenant, or other client as an agent, Realtors® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve Realtors® of their obligation to treat all parties honestly. Her response should have been, "Sure, I be happy to contact the owner."

    And she violated the obedience clause under Realtors Fiduciary Duties; Obedience: An agent is obligated to obey promptly and efficiently all lawful instructions of his principal.

    As an "experienced realtor" she should know better. A talk with her broker or office manager would fix that right away. Either way, do not let her behavior off the hook by trying to reason it away. It is absolutely wrong. If she is like this, what other questionable actions or shortcuts is she taking? If she won't properly represent you in this very simple request, maybe she'll whitewash the seriousness of something else just to close the sale? She is an agent not to be trusted.
    If the military wanted you to have a spouse, or family, they would have issued you one.

  7. #37
    Based on her experience she suggested the course of action most likely to be successful. None of the documents and policies you posted preclude her from doing that.

  8. #38
    Quote Originally Posted by Clem72 View Post
    I know a nice lady who was in no rush to sell her house, and was trying to do it FSBO for a year. The house was a steal (as in listed $10-20k less than comps but had new everything and was always kept clean), but for whatever reason she only got a half dozen people to even look at the place. I assume their must just be a stigma against FSBO (she was listed on the main websites, including the military by owner one).
    That was my point all along. Discount brokers and FSBOs are not exposed to the full market. From watching the local market they often sit.
    Not sure why the underroasted bean gets herself worked up about this.

  9. #39
    Quote Originally Posted by LightRoasted View Post
    If I may ...



    So what's the point of enlisting the services of a real estate agent if you have to do her work? She violated the first rule (article) of the NAR Code of Ethics and Standards of Practice, "Duties to Clients and Customers" Article 1: When representing a buyer, seller, landlord, tenant, or other client as an agent, Realtors® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve Realtors® of their obligation to treat all parties honestly. Her response should have been, "Sure, I be happy to contact the owner."

    And she violated the obedience clause under Realtors Fiduciary Duties; Obedience: An agent is obligated to obey promptly and efficiently all lawful instructions of his principal.

    As an "experienced realtor" she should know better. A talk with her broker or office manager would fix that right away. Either way, do not let her behavior off the hook by trying to reason it away. It is absolutely wrong. If she is like this, what other questionable actions or shortcuts is she taking? If she won't properly represent you in this very simple request, maybe she'll whitewash the seriousness of something else just to close the sale? She is an agent not to be trusted.
    If she had tried to steer me away from that property and said something like "I wouldn't deal with FSBO's if i were you because...." say "they always mess something up and you could rack up big lawyers feel getting it settled" or some such.. maybe.. But she has given me warnings and insights on properties that she could have "tried to seal the deal" on and didn't. I'm confident she is a long time realtor for good reasons.

  10. #40
    Just wondering, I've researched realtors in the area and all charge 6% minimum. Were did you find one at 3%? Thanks!

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