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I have a rental "client" that I have been working with for a few weeks (No representation agreement between us).
I met her off a sign call, and we initially thought about purchasing a home. She was very shady in providing information about her husband to the loan officer, so they were unable to proceed with the pre-qualification. A few weeks ago I called to check up on her status, and she told me that she was thinking about renting, she found the perfect house, but the listing agent would not show her the home due to his schedule. She asked if I could show her the home, and I obliged. When we get there, she has a younger man with her, who she said is her husband (had to be 20 years her junior). I told them that if he was over 18, he needed to fill out his own application, and be on the lease. She told me that he would not be living there full time, but be an occasional visitor.
Fast forward to last week, after her painfully trying to negotiate a residential lease. The landlord approves her application, even though she has NO rental history to disclose. She told me that she wants her husband to approve of the house before the lease is drafted. She shows up today, with another guy! I again told her that he needs to be on the lease, and submit an application, but she told me that he will be staying with his mother, and not a full time resident. Although he kept saying things like "well at least this is better than where I am now", etc.
I am worried that this is not a credit issue, but perhaps a criminal history issue. What is my responsibility here? I have told her on multiple occasions that anyone over the 18 needs to be on the lease, but I feel like she is lying, and going to have them move in instantly. Should I disclose these comments to the property management company? Is this some breach in fiduciary to her? The property owner is active duty military, and has already had the home robbed off all his new appliances. I don't want him to get the short end of the stick again. I don't have an interest in further representing this person, or helping her find a property.
I would suggest you drop the "client" like a hot potato. As politely as you can, suggest that she finds another agent to assist her and be done with her.
As a property manager and a REALTOR I'd run screaming from this person. I'm retired military and work a military market with all my property owners being military. They have a slim margin and can hardly afford the expense of evicting people. I'm surprised the management company approved them. I would question their screening process. Nobody can force you to work with people you don't like. With no agency agreement in force you are a subagent of the owner. So, shouldn't you give the management company a heads up?
As a property manager and a REALTOR I'd run screaming from this person. I'm retired military and work a military market with all my property owners being military. They have a slim margin and can hardly afford the expense of evicting people. I'm surprised the management company approved them. I would question their screening process. Nobody can force you to work with people you don't like. With no agency agreement in force you are a subagent of the owner. So, shouldn't you give the management company a heads up?
Thats what I am thinking. I just wanted some input from fellow Realtors about how to approach this situation. I thought she was a bit off at first, but today was the first time that I felt she was actively lying and trying to hide things. She managed to contact the property management company directly to complain that the white appliances don't match the stainless steel hood, since the property was robbed of its upgraded appliances two weeks ago. The owner even gave her a $45/month concession to make it up to her..
Sorry OP. You really need a good course in minding your own business.
If you client wants someone who will not be living there to review the house...that creates no problem. If your client says they will not be living there your role is to say thank you mam and move on.
If your client causes you to have doubts about the arrangement dump her.
But if not shut up and do your job. You do not get to set the standard used by the LL. Ain't your problem.
I know different states operate differently but I would not be asking this question of the people on C-D. I would ask my broker how he or she wants to handle it and follow that advice. There's a reason (at least in Florida) why agents are agents of the broker. IOW, put the liability on your broker.
I know different states operate differently but I would not be asking this question of the people on C-D. I would ask my broker how he or she wants to handle it and follow that advice. There's a reason (at least in Florida) why agents are agents of the broker. IOW, put the liability on your broker.
But it seems as if the OP is more concerned with his personal moral responsibility to the property owner and how to achieve both meeting that and not opening him/herself up to a violation of a perceived or real fiduciary duty to the renter.
At least that's the way I'm reading the situation as described.
Having spent far too many years as a paralegal, I think this is a tricky issue and I personally would find a way to let the LL (or the PMC) know that I am no longer representing the tenant based on a conflict of information provided by the tenant and the 2 men she introduced as her husband.
That is the truth (2 different men posing as her husband and giving conflicting information to that provided by the prospective tenant).
So I might phrase it this way: When I informed the tenant that the first man she introduced as her husband and the 2nd (different man) would need to complete an application, she stated they would not be living there.
I think my obligation to the landlord would outweigh any issue that might result from information that was not provided in confidence, but was overt and public - anyone could see that the 2 men were not the same one.
...I think this is a tricky issue and I personally would find a way to let the LL (or the PMC) know that I am no longer representing the tenant based on a conflict of information provided by the tenant and the 2 men she introduced as her husband.
I think this is a sensible tact...as well as discussing it with your broker beforehand.
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