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Old 02-17-2016, 01:33 AM
 
Location: Willmar, MN
2 posts, read 7,576 times
Reputation: 10

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Can someone help me with the Real Estate Code of Ethics. My sister is 60 years old, needed to move cross country after losing her husband, was quite ill with pancreatitis and in a very abusive living situation, attempting to find a home to purchase. She had a dual agent to begin with not really looking out for her best interests. The realtor directed her toward homes that were way above what she could afford, advising her not to get home inspections as she would have her people look at the roof which is in VERY bad condition. However, my question is this. Is it unethical for the agent to tell my sister that she will provide her with a free place to live until the home she is interested in is ready to be moved in to? If so, can you specify which code would apply to this type of behavior and how to approach it when filing complaints. She signed a no sue clause so only arbitration. We plan to get the house inspected even though it is after the fact and understand that an attorney can accompany us to any arbitration meetings. We have been told to file with the State Board of Realtors, BBB and the MN Department of Commerce. Any suggestions or advice would be greatly appreciated.
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Old 02-17-2016, 02:06 AM
 
8,573 posts, read 12,403,094 times
Reputation: 16527
Quote:
Originally Posted by greekgranny View Post
Can someone help me with the Real Estate Code of Ethics. My sister is 60 years old, needed to move cross country after losing her husband, was quite ill with pancreatitis and in a very abusive living situation, attempting to find a home to purchase. She had a dual agent to begin with not really looking out for her best interests. The realtor directed her toward homes that were way above what she could afford, advising her not to get home inspections as she would have her people look at the roof which is in VERY bad condition. However, my question is this. Is it unethical for the agent to tell my sister that she will provide her with a free place to live until the home she is interested in is ready to be moved in to? If so, can you specify which code would apply to this type of behavior and how to approach it when filing complaints. She signed a no sue clause so only arbitration. We plan to get the house inspected even though it is after the fact and understand that an attorney can accompany us to any arbitration meetings. We have been told to file with the State Board of Realtors, BBB and the MN Department of Commerce. Any suggestions or advice would be greatly appreciated.
Why would that be unethical? Was it a lie?

By the way, I recommend that you never use a "Dual Agent". A so-called Dual Agent is not really an "agent" at all.
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Old 02-17-2016, 04:15 AM
 
12,016 posts, read 12,752,567 times
Reputation: 13420
If it's a home that's above what she can afford and has a bad roof how will she be able to buy it? She won't be able to get a mortgage on a home with a bad roof or that she can't afford.
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Old 02-17-2016, 04:16 AM
 
51,649 posts, read 25,803,785 times
Reputation: 37884
Quote:
Originally Posted by greekgranny View Post
Can someone help me with the Real Estate Code of Ethics. My sister is 60 years old, needed to move cross country after losing her husband, was quite ill with pancreatitis and in a very abusive living situation, attempting to find a home to purchase. She had a dual agent to begin with not really looking out for her best interests. The realtor directed her toward homes that were way above what she could afford, advising her not to get home inspections as she would have her people look at the roof which is in VERY bad condition. However, my question is this. Is it unethical for the agent to tell my sister that she will provide her with a free place to live until the home she is interested in is ready to be moved in to? If so, can you specify which code would apply to this type of behavior and how to approach it when filing complaints. She signed a no sue clause so only arbitration. We plan to get the house inspected even though it is after the fact and understand that an attorney can accompany us to any arbitration meetings. We have been told to file with the State Board of Realtors, BBB and the MN Department of Commerce. Any suggestions or advice would be greatly appreciated.
Who has told you to do this?

What do you and your sister hope to gain from this?

Telling your sister she didn't need an inspection might be worth reporting, particularly if she finds items that need to be repaired that would have likely been found in an inspection. But it's a she-said, she-said situation and the agencies you listed would typically not be involved in any arbitration. At best, they might send a letter to the realtor informing them a report had been filed.

That your sister is 60, recently widowed, had been living in an abusive situation, and had pancreatitis is unfortunate, but not sure how it enters into this picture. Are you saying she was not competent to make a real estate decision? That the agent took advantage of her fragile mental state to trick her into buying a home she couldn't afford or was in poor condition?

Real estate agents are not social workers or guardians nor are they asked to judge people's competence before signing on the dotted line.

Sounds like your sister might have made a poor decision and you want to get the real estate agent on the hook for it.

In that case, skip the Better Business Bureau and the State Board of Realtors and retain a lawyer who can advise you on your legal options here.

Or chalk this up to life experience and spend the money you would have spent on legal fees to fix the roof, etc.
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Old 02-17-2016, 04:44 AM
 
1,399 posts, read 1,798,899 times
Reputation: 3256
So the agent is showing her houses above her means, advises her to not get a home inspection and had her sign a no sue arbitration clause? If I read this right your sister is no longer dealing with this agent?.
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Old 02-17-2016, 06:19 AM
 
Location: VA
211 posts, read 451,293 times
Reputation: 215
Quote:
Originally Posted by greekgranny View Post
Is it unethical for the agent to tell my sister that she will provide her with a free place to live until the home she is interested in is ready to be moved in to? .
I am very confused. Did she offer your sister a place to stay or did you want her to offer a place to stay?

I can't imagine offering or not offering would be unethical, however never in a million years would I be ok with a client living in my home.

The agent should never have advised not to get an inspection Unless, the conversation went more along the lines of...
There are multiple offers on this property and if you want to win the bid, you should consider waiving some contingencies or doing a pass/fail on the inspection...

Buyer agency agreements in VA have the verbiage regarding arbitration as opposed to going to court.
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Old 02-17-2016, 06:46 AM
 
Location: DFW
40,952 posts, read 49,171,554 times
Reputation: 55003
OP has 2 posts in 6 years. Hopefully she'll be back to explain the details.
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Old 02-17-2016, 09:14 AM
 
344 posts, read 550,917 times
Reputation: 422
Just a few more weeks until my license expires... :^)
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Old 02-17-2016, 05:23 PM
 
5,046 posts, read 9,618,128 times
Reputation: 4181
I'm getting lost. Did your sister already purchase this home or not?
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Old 02-17-2016, 07:00 PM
 
Location: Sarasota/ Bradenton - University Pkwy area
4,614 posts, read 7,534,118 times
Reputation: 6036
Here's a link to the 2016 REALTOR Code of Ethics for anyone who'd like to read it:

NAR Code of Ethics 2016 | realtor.org
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