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Old 07-18-2009, 10:44 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,220,133 times
Reputation: 6467

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We finally closed on a bank repo property. The "listing" agent has violated about 4 parts of the Realtor's code of ethics and failed to provide some of the required disclosures under CA law.

The agent is a bitter old lady as far as I can tell, and made my life and my mortgage broker's life a living hell during the process of herding this cat to closing. I recently fired an agent much like her. She has an agent that fronts for her in our county to avoid paying MLS dues (I like the front agent) and I have a very valid MLS complaint against her company (and her) for numerous violations.

When I first talked to her "managing" broker, he said "yeah, shes hard to deal with, I'll talk to her". Things improved slightly, but that only lasted for a few days. I had a client on another property that she represented and she failed to present an offer I had on that property. "It's the asset managers call not mine". Oh please! Since when did asset managers not want a bidding war?

I guess my question is, should I file all the complaints I have against her, her managing broker, and the agent (who I like) who fronts for her? My client who is happily ensconced in her new home would be more than happy to provide back up testimony and you wouldn't believe the emails from this agent that she has (ignorantly, not realizing how forwarding works) sent me.

I'm very inclined to prosecute the violations and settle for her MB cutting her loose and my client (who really has no skin in the game) would be more than happy to make a complaint with the appropriate agencies, is on board.

There's a lot more to the story (obviously) but yesterday when the MLS data got changed, the price reported was the asking price and not the actual price paid.

I'm a forgive and forget kind of guy, but this one has so many issues, i don't feel I can let it slide in good conscience.

Opinions?
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Old 07-18-2009, 11:43 AM
 
Location: Salem, OR
15,490 posts, read 40,182,593 times
Reputation: 17307
You know I filed a complaint against an agent a couple of years ago. I too really struggled with it, but what it really came down to is that if I really want to be treated like a professional and make sure that consumers see agents as professional, I have to have a hand in cleaning things up.

So I filed the complaint.
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Old 07-18-2009, 11:53 AM
 
Location: Just south of Denver since 1989
11,812 posts, read 34,268,187 times
Reputation: 8930
I would. Unpleasant as the process is. Imagine if you had to work with this person again.

Start with the DRE, then the local board, and send a copy of the HUD to the MLS.
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Old 07-18-2009, 12:52 PM
 
Location: Hermoso y tranquilo Panamá
11,874 posts, read 11,011,636 times
Reputation: 47194
Quote:
Originally Posted by DMenscha View Post
We finally closed on a bank repo property. The "listing" agent has violated about 4 parts of the Realtor's code of ethics and failed to provide some of the required disclosures under CA law.

The agent is a bitter old lady as far as I can tell, and made my life and my mortgage broker's life a living hell during the process of herding this cat to closing. I recently fired an agent much like her. She has an agent that fronts for her in our county to avoid paying MLS dues (I like the front agent) and I have a very valid MLS complaint against her company (and her) for numerous violations.

When I first talked to her "managing" broker, he said "yeah, shes hard to deal with, I'll talk to her". Things improved slightly, but that only lasted for a few days. I had a client on another property that she represented and she failed to present an offer I had on that property. "It's the asset managers call not mine". Oh please! Since when did asset managers not want a bidding war?

I guess my question is, should I file all the complaints I have against her, her managing broker, and the agent (who I like) who fronts for her? My client who is happily ensconced in her new home would be more than happy to provide back up testimony and you wouldn't believe the emails from this agent that she has (ignorantly, not realizing how forwarding works) sent me.

I'm very inclined to prosecute the violations and settle for her MB cutting her loose and my client (who really has no skin in the game) would be more than happy to make a complaint with the appropriate agencies, is on board.

There's a lot more to the story (obviously) but yesterday when the MLS data got changed, the price reported was the asking price and not the actual price paid.

I'm a forgive and forget kind of guy, but this one has so many issues, i don't feel I can let it slide in good conscience.

Opinions?
File the complaints with local BOR and RE Commission. It's agents like this that give all the good ones out there a black eye and as Realtors the COE is very clear our obligation to monitor our profession. And yes, I would include the MB in the complaint. THEY are the one allowing this type of conduct. I've fired agents for breach of ethics without batting an eye. But I think all of us have an obligation to the public to help weed out these unethical agents and brokers. JMO
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Old 07-18-2009, 12:58 PM
 
Location: Inman Park (Atlanta, GA)
21,870 posts, read 15,025,650 times
Reputation: 14326
I too say go for it! I think if we as Agents want to maintain or restore (depends on who in the public you talk to )our own professionalism, we need to take the extra steps to insure professionalism, ethics and fair business practices.

I am not saying that we need to be the police force, but we have all co-oped with unethical Agents and it's shame they are still in our industry. No wonder why we are viewed as having the integrity just above a used car salesperson!
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Old 07-18-2009, 03:18 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,220,133 times
Reputation: 6467
Quote:
Originally Posted by 2bindenver View Post
I would. Unpleasant as the process is. Imagine if you had to work with this person again.

Start with the DRE, then the local board, and send a copy of the HUD to the MLS.
I finally got a copy of the HUD-1 3 days after it closed. I HATE bank specified escrow companies, I'm so used to being able to review the closing documents on behalf of my client, BEFORE closing.

BTW due to a lender glitch, we missed the closing date by 4 days and I paid the $100/day penalty, just to make it easier on everyone Ouch!
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Old 07-18-2009, 03:43 PM
 
Location: Colorado Springs, CO
1,570 posts, read 5,967,846 times
Reputation: 1405
The NAR code of ethics is very clear. You will need to site and submit supporting documentation for each violation. Be very clear - site each article you can document a violation. Be clear - Being difficult, not nice, a jerk or a real pain in the a@#, is not an ethics violation. Once your have completed the paper work, you will submit the complaint to your local board. Here we have a gievance committe that reviews the compaint and opts to move the complaint up to comitte for hearing or kills the complaint. (Kind of like a grand jury.)

The state real estate commission deals with violations of law.

If your complaint is moved to committee for hearing, you will have a mini-trial. You will then present your case, witnesses and documentation to the panel. The respondent will also be present to present her case. It's a long process and the rules for evidence are detailed - read carefully!!

If you have a case I encourage you to forward a complaint. We, realtors, must hold ourselves to the standards we have all agreed to. Review the code of eithics, read each article and consider your case.

A few years ago I filed a complaint - a violation of article 15 - against another agent. It was a large case. There was a mountain of paper, a total of 17 witnesses, the hearing lasted for 8 hours! It was the largest and "worse" case in the history of our local board. It was a lot of work but it was worth it. It's our responsibility to police ourselves!
Good luck.
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Old 07-18-2009, 09:55 PM
 
3,191 posts, read 9,157,730 times
Reputation: 2203
MMichelle, are you an agent? Just wondering, you don't have one if those cute little houses next to your name like most all the agents and brokers on here do

I'm neither, I am just crazy
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Old 07-19-2009, 11:33 AM
 
Location: OK
2,825 posts, read 7,514,456 times
Reputation: 2056
Quote:
Originally Posted by Silverfall View Post
You know I filed a complaint against an agent a couple of years ago. I too really struggled with it, but what it really came down to is that if I really want to be treated like a professional and make sure that consumers see agents as professional, I have to have a hand in cleaning things up.

So I filed the complaint.
That is how we feel about the appraising profession as well. We make sure we have a valid, egregious, situation before we do. After all, we are delaing with people's livelihoods. But as you said, if we want to be viewed as professionals we have to help cleaning things up.
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Old 07-19-2009, 11:52 AM
 
Location: Hermoso y tranquilo Panamá
11,874 posts, read 11,011,636 times
Reputation: 47194
Quote:
Originally Posted by cohdane View Post
I'm a buyer/seller. The above reaction is why you MUST report this. Otherwise you perpetuate the belief that 1. Many real estate agents are unethical, 2. It's accepted because they're all in the same "club...," 3. ...which means they're all working for each other, not the clients.

Seeing the games many agents play is seriously making me consider not using one in the future.
I do agree with your post, and stated such in a previous post, that it is important that Realtors report agents/Realtors that breach ethics. The reason the term Realtor is a designation, not another name for a real estate agent, is because NAR has an even stricter COE; one of which is that we have a duty to report agents/brokers and/or Realtors; monitor our profession. However, IMO, whether one is a Realtor or not, there is an obligation to report unethical conduct. Now I do disagree with the one poster who seems to imply all of us in the business are unethical. EVERY profession from lawyers, doctors, etc. have bad apples - so why would the RE profession be any different? But I do strongly agree that all of us in real estate have a moral and ethical responsibility to report others who breach ethics, etc. Only in that way can the 'bad seeds' be weeded out.

And just as an FYI, even though it shows my location as Panama, I was a Realtor in the States prior to opening my offices here. Please don't give up on ALL Realtors - there are a lot of very good ones out there. It's just very important to do your homework and interview several (and the brokerage itself), get recommendations from friends/family then make your expectations very clear to them and you'll have a more positive experience.
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