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Austin-Willy, how do you feel about defendants, say, calling the plaintiff's attorney, and vice versa? Do you see any conflict of interest there? How about the defendant's attorney telling their client to call the plaintiff's attorney for information? Any possibility for a conflict of interest there? Any possibility of the defendant being thrown to the wolves by their attorney because they don't know what to say and what not to say that might adversely impact negotiations for them?
Agents are not attorneys, of course, but there are restrictions that bind us just as there are restrictions that bind attorneys. That you don't like those restrictions (or agents in general, for that matter) doesn't make them any less real.
Location: Danbury CT covering all of Fairfield County
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I get calls all the time when I am on phone duty about some of our listings and they want to see one of our listings. I find out in the course of the converstation that they have an agent & I have to tell them to 'talk to your agent to get more information & to arrange a visit. I can't help you if you are working with one. We don't do those things at my office.'
Austin-Willy, how do you feel about defendants, say, calling the plaintiff's attorney, and vice versa? Do you see any conflict of interest there? How about the defendant's attorney telling their client to call the plaintiff's attorney for information? Any possibility for a conflict of interest there? Any possibility of the defendant being thrown to the wolves by their attorney because they don't know what to say and what not to say that might adversely impact negotiations for them?
Agents are not attorneys, of course, but there are restrictions that bind us just as there are restrictions that bind attorneys. That you don't like those restrictions (or agents in general, for that matter) doesn't make them any less real.
Very well said. He just likes to throw fuel on unnecessary fires.
Austin-Willy, how do you feel about defendants, say, calling the plaintiff's attorney, and vice versa? Do you see any conflict of interest there? How about the defendant's attorney telling their client to call the plaintiff's attorney for information? Any possibility for a conflict of interest there? Any possibility of the defendant being thrown to the wolves by their attorney because they don't know what to say and what not to say that might adversely impact negotiations for them?
Agents are not attorneys, of course, but there are restrictions that bind us just as there are restrictions that bind attorneys. That you don't like those restrictions (or agents in general, for that matter) doesn't make them any less real.
Well, first of all, there is no comparison between a business transaction and litigation. Just for implying that there is, I could easily disparage your knowledge of the law like you so often appear to enjoy disparing my knowledge of residential real estate. But I will leave that kind of stuff to you.
But comparing transactions to transactions, and the interaction of attorneys and agents, of course there are conflicts of interest, just as there are with agents. If you will read my previous post you will see that I specifically agreed with Silverfall's post pointing that out.
I have had numerous opposing parties deal directly with me on transactions because it simply was expeditious. But now listen, because this is the key. If a principal contacts me directly, I am not prohibited from speaking with them. I do, however, make it very clear that I am not giving, and cannot give, them advice. And then I try to my best abilities to not give them advice. But that doesn't mean I don't work with them to get the deal closed.
I am concerned about my own liability and my reputation. I will not put either on the line for a client. But short of that, I am going to work to the best of my abilities to represent my client and help them accomplish their goals. I don't care if the other lawyer is lazy. That just makes me look better and their client is more likely to hire me for the next deal. The point is that my client doesn't pay me to be selfish and do things that are intended to benefit me or my industry at the expense of my client's best interest, which is to get the deal done.
That you don't like those restrictions (or agents in general, for that matter) doesn't make them any less real.
Oh, and don't tell my aunt or cousin that I don't like agents. They are under the belief that I love them. And don't tell Silverfall, SLP247 or some of the other agents who I have complimented that I don't like agents in general. They might believe that my compliments are heartfelt.
Instead, you might try to read a little harder and see that I debate ideas and actions not the existence or continuance of real estate agents.
Austin-Willie, I read your posts very carefully. Of course, they ARE fairly predictable, and I can, in some threads, start a stop watch and predict pretty closely how quickly you'll pop up with a disparagement of agents. You may think that you're arguing ideas, but, you know what?
One wonders what your aunt or cousin would think if they were reading what you regularly say about agents on here (foxes and hen houses comes to mind, for one thing).
Austin-Willie, I read your posts very carefully. Of course, they ARE fairly predictable, and I can, in some threads, start a stop watch and predict pretty closely how quickly you'll pop up with a disparagement of agents. You may think that you're arguing ideas, but, you know what?
One wonders what your aunt or cousin would think if they were reading what you regularly say about agents on here (foxes and hen houses comes to mind, for one thing).
And one wonders what your former law firm employer would think if they found out that you do not understand that attorneys and agents often have competing priorities and interests in their respective representation of the same client, which is where that reference was used. As someone who works with a broker on virtually every deal I am on, that fact is so obvious that it goes without saying. But since you, by your own admission, rarely work on transactions where your client is also represented by an attorney, the fact that you don't see it can be excused by your lack of experience.
I don't dislike or attack agents because they are agents. In fact, the agents who IMO have enlightended views, I very much appreciate and like. My last agent, who I have lauded several times in previous posts, is a great example. But if an agent gives bad advice or displays selfishness, greed or other qualities that IMO make their advice good for themselves but bad for the general consumer, I don't feel the least bit bad for pointing it out. I'm sorry that you are so often on the other end of those conversations, but I have nothing against you. It is some of your ideas that I disagree with.
Well, I was simply going to go back and pull all the times that you have specifically said "agents" do this bad thing or that bad thing or by the very nature of being agents will certainly put their own best interests ahead of those of their clients (in direct violation of their fiduciary duty, might I point out) and post them here.
But you know what? I've decided that I'd really rather discuss ideas than debate with you, and the people who participate in these discussions will already have read them for themselves, for the most part, unless they're newbies, so I'm going to follow the very good advice of simply walking away.
I get along fine with most attorneys. Even most real estate attorneys. Most every agent I know does, and when they're needed, we're really glad to see them, and there's a feeling of mutual respect as we work together for the best for our mutual client. Those real estate attorneys respect the real estate agents and what our profession does. I'm sorry that you don't appear to be one of them and that you feel it necessary to act that out here.
Reason #97452439 not to use agents: When your buyer wants to ask a question and his agent is too lazy to answer the phone, your own agent won't even talk to him.....
Well, I was simply going to go back and pull all the times that you have specifically said "agents" ... by the very nature of being agents will certainly put their own best interests ahead of those of their clients (in direct violation of their fiduciary duty, might I point out) and post them here.
But you know what?
You can't find any? I try to keep the generalizations limited to the agents I see on this board who post comments that reflect the ideas I criticize. I'm sure that I have on occassion slipped up and simply said "agents" (instead of "those agents who have said X, Y Z"), but I can say unequivocally that I have never said "agents, by the very nature of being agents..." That is a ridiculous accusation. The former could easily have been done by mistake, but the latter would be a clear expression of an idea, and since I know that I don't share that idea, I feel 100% confident that I never wrote it.
But I am not going to hold my breath waiting for you to prove another accusation that you have flung at me like so much horse doo. You know what they say about old dogs and new tricks (or the definition of insanity).
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