03-19-2012, 11:12 AM
1,211 posts, read
3,558,178 times
Reputation: 1593
Quote:
Originally Posted by
hounewhome1
Can I use the recording to complain in TREC?
Since you haven't closed yet, simply ask him to prepare a written agreement delineating the terms of the 2% commission rebate, and make it a part of the contract. If he ever indeed intended to make this agreement with you, he should certainly agree to this. The TREC and the code of ethics (
) that Realtors are to follow, don't endorse half ass verbal agreements for anything. If he refuses, or claims it's not necessary (..we're friends, right (wink wink)), I would recommend doing whatever is necessary to cut him out of the deal, period. Inform the builder that you are filing an ethics complaint with the TREC, have them terminate your current contract, and promptly re-write without the broker, realtor, or whatever he is.
Last edited by RCH99; 03-19-2012 at 11:36 AM ..
03-19-2012, 11:40 AM
2,639 posts, read
8,289,966 times
Reputation: 1366
sorry but the standard realtor fee is 3% and if that whats on the contract thats what he is paid. Its not your money anyway it comes from the seller. You dont pay him a fee the seller pays. So it is not your money and it never was. If you terminate the contract you will lose your earnest money and that is your money. So just take it has a learning experience. I would be more concerned about having a good representative backing you up along the way as your home is built.
03-19-2012, 12:32 PM
702 posts, read
1,237,010 times
Reputation: 463
From what I know of, the realtor can only contribute 2% towards closing costs. Need to have it in writing before signing the contract to get the home built. If it's by word of mouth, he isn't legally binded to hold up his end of the bargain.
03-19-2012, 03:24 PM
Location: Houston/Brenham
5,819 posts, read
7,235,127 times
Reputation: 12317
Quote:
Originally Posted by
hounewhome1
Is recorded evidence accepted in court. I can call him up and record the conversation which will imply the verbal agreement.
As long as one party is aware of the recording (IOW, you), you can record it. And it is absolutely legal, and can be used in court.
Quote:
Originally Posted by
CSD610
Recording is legal IF you tell the person you are having a conversation with that they are being recorded if you plan to use it in court as evidence.
Not true. You do NOT have to tell them.
03-19-2012, 04:23 PM
Location: The Greater Houston Metro Area
9,053 posts, read
17,201,105 times
Reputation: 15226
Quote:
Originally Posted by
astrohip
As long as one party is aware of the recording (IOW, you), you can record it. And it is absolutely legal, and can be used in court.
That's the way I have always understood it, too.
To the OP - I would demand something in writing NOW. If he avoids you, you have your answer to how he intends to handle it.
Then come back here, and we will jump in with our collective brains.
As to the code of ethics - yeah, they only work if the person was ethical in the first place.
Last edited by cheryjohns; 03-19-2012 at 04:32 PM ..
03-19-2012, 04:53 PM
Location: Magnolia, TX
22 posts, read
64,852 times
Reputation: 23
Is he a broker or agent? Go to
TREC - Home Page and look for "Licensee Info Search". You can find out which he is. If he's not a broker, call the broker and insist he reels this guy in. On the same website there's a tab for filing a complaint. I would do that along with your friend. Your biggest problem is you don't have anything in writing (as others have stated). The complaint HAS to be in writing. The two of you complaining together may have some credence with TREC. TREC has no problem
disciplining realtors so don't worry about that. I assume you're buying a new home; if so you can talk to the sales agent for the builder about this and ask how they might help. This broker/agent has to submit a form (CDA) to the closing title company detailing how his commission checks are going to be written by the title company.I don't know if the title company will show you that CDA but they might show it to the builder.
Most realtors are honest and hard working so we won't miss this guy if you can get his license suspended!
03-19-2012, 04:53 PM
1,211 posts, read
3,558,178 times
Reputation: 1593
Quote:
Originally Posted by
cheryjohns
As to the code of ethics - yeah, they only work if the person was ethical in the first place.
right. high standard.
03-19-2012, 05:02 PM
Location: DFW
40,951 posts, read
49,198,692 times
Reputation: 55008
When you do business with a crook you get screwed. We see this on occasion, you should have taken care of business better.
03-19-2012, 05:53 PM
Location: The Greater Houston Metro Area
9,053 posts, read
17,201,105 times
Reputation: 15226
Quote:
Originally Posted by
RCH99
right. high standard.
That was my point.
03-19-2012, 05:53 PM
36 posts, read
64,932 times
Reputation: 25
Quote:
Originally Posted by
Rakin
When you do business with a crook you get screwed. We see this on occasion, you should have taken care of business better.
I haven't seen the movie but I kinda agree. 2% is a common practice and many of my friends have done it. I just got "recommended" that crook and it's unfortunate that my friend trusted someone at work. It's more of a trust issue than greed. I'm not going to the court with a sob story until I have some kinda evidence. I watch Judge Judy
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Travel time to work - 60 to 89 minutes (%)
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Educational Attainment - No schooling completed (%)
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School enrollment - Public schools (%)
School enrollment - Private schools (%)
School enrollment - Not enrolled (%)
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Median number of rooms in apartments
Housing units lacking complete plumbing facilities (%)
Housing units lacking complete kitchen facilities (%)
Density of houses
Urban houses (%)
Rural houses (%)
Households with people 60 years and over (%)
Households with people 65 years and over (%)
Households with people 75 years and over (%)
Households with one or more nonrelatives (%)
Households with no nonrelatives (%)
Population in households (%)
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Nonfamily households (%)
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Geographical mobility - Same house 1 year ago (%)
Geographical mobility - Moved within same county (%)
Geographical mobility - Moved from different county within same state (%)
Geographical mobility - Moved from different state (%)
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Place of birth - Born in state of residence (%)
Place of birth - Born in other state (%)
Place of birth - Native, outside of US (%)
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Housing units in structures - 1, detached (%)
Housing units in structures - 1, attached (%)
Housing units in structures - 2 (%)
Housing units in structures - 3 or 4 (%)
Housing units in structures - 5 to 9 (%)
Housing units in structures - 10 to 19 (%)
Housing units in structures - 20 to 49 (%)
Housing units in structures - 50 or more (%)
Housing units in structures - Mobile home (%)
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House/condo owner moved in on average (years ago)
Renter moved in on average (years ago)
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Year householder moved into unit - Moved in 1969 or earlier (%)
Means of transportation to work - Drove car alone (%)
Means of transportation to work - Carpooled (%)
Means of transportation to work - Public transportation (%)
Means of transportation to work - Bus or trolley bus (%)
Means of transportation to work - Streetcar or trolley car (%)
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Working at home (%)
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Most Common Occupations - Food preparation and serving related occupations (%)
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Most Common Occupations - Sales and related occupations (%)
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Most Common Occupations - Natural resources, construction, and maintenance occupations (%)
Most Common Occupations - Farming, fishing, and forestry occupations (%)
Most Common Occupations - Construction and extraction occupations (%)
Most Common Occupations - Installation, maintenance, and repair occupations (%)
Most Common Occupations - Production, transportation, and material moving occupations (%)
Most Common Occupations - Production occupations (%)
Most Common Occupations - Transportation occupations (%)
Most Common Occupations - Material moving occupations (%)
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People in Group quarters - Correctional institutions (%)
People in Group quarters - Federal prisons and detention centers (%)
People in Group quarters - Halfway houses (%)
People in Group quarters - Local jails and other confinement facilities (including police lockups) (%)
People in Group quarters - Military disciplinary barracks (%)
People in Group quarters - State prisons (%)
People in Group quarters - Other types of correctional institutions (%)
People in Group quarters - Nursing homes (%)
People in Group quarters - Hospitals/wards, hospices, and schools for the handicapped (%)
People in Group quarters - Hospitals/wards and hospices for chronically ill (%)
People in Group quarters - Hospices or homes for chronically ill (%)
People in Group quarters - Military hospitals or wards for chronically ill (%)
People in Group quarters - Other hospitals or wards for chronically ill (%)
People in Group quarters - Hospitals or wards for drug/alcohol abuse (%)
People in Group quarters - Mental (Psychiatric) hospitals or wards (%)
People in Group quarters - Schools, hospitals, or wards for the mentally retarded (%)
People in Group quarters - Schools, hospitals, or wards for the physically handicapped (%)
People in Group quarters - Institutions for the deaf (%)
People in Group quarters - Institutions for the blind (%)
People in Group quarters - Orthopedic wards and institutions for the physically handicapped (%)
People in Group quarters - Wards in general hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Wards in military hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Juvenile institutions (%)
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People in Group quarters - Homes for abused, dependent, and neglected children (%)
People in Group quarters - Residential treatment centers for emotionally disturbed children (%)
People in Group quarters - Training schools for juvenile delinquents (%)
People in Group quarters - Short-term care, detention or diagnostic centers for delinquent children (%)
People in Group quarters - Type of juvenile institution unknown (%)
People in Group quarters - Noninstitutionalized population (%)
People in Group quarters - College dormitories (includes college quarters off campus) (%)
People in Group quarters - Military quarters (%)
People in Group quarters - On base (%)
People in Group quarters - Barracks, unaccompanied personnel housing (UPH), (Enlisted/Officer), ;and similar group living quarters for military personnel (%)
People in Group quarters - Transient quarters for temporary residents (%)
People in Group quarters - Military ships (%)
People in Group quarters - Group homes (%)
People in Group quarters - Homes or halfway houses for drug/alcohol abuse (%)
People in Group quarters - Homes for the mentally ill (%)
People in Group quarters - Homes for the mentally retarded (%)
People in Group quarters - Homes for the physically handicapped (%)
People in Group quarters - Other group homes (%)
People in Group quarters - Religious group quarters (%)
People in Group quarters - Dormitories (%)
People in Group quarters - Agriculture workers' dormitories on farms (%)
People in Group quarters - Job Corps and vocational training facilities (%)
People in Group quarters - Other workers' dormitories (%)
People in Group quarters - Crews of maritime vessels (%)
People in Group quarters - Other nonhousehold living situations (%)
People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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) that Realtors are to follow, don't endorse half ass verbal agreements for anything. If he refuses, or claims it's not necessary (..we're friends, right (wink wink)), I would recommend doing whatever is necessary to cut him out of the deal, period. Inform the builder that you are filing an ethics complaint with the TREC, have them terminate your current contract, and promptly re-write without the broker, realtor, or whatever he is.
