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Old 01-28-2018, 05:01 PM
 
Location: Raleigh NC
25,118 posts, read 16,073,937 times
Reputation: 14408

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I'm not sure what you're addressing, but would welcome clarification.

Of course, an agent is not required in order to fill out any forms to present to a seller.
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Old 01-28-2018, 05:07 PM
 
Location: Raleigh NC
25,118 posts, read 16,073,937 times
Reputation: 14408
Quote:
Originally Posted by just_because View Post
I'll address whatever you want me to but I don't really know what you're talking about. "All agents must do this...". What does that mean?
Under the assumption you can figure out how to read post #'s...

Post #434 - Ultrarunner posted a bout a disclosure form ALL agents must complete.
Post #438 - you quoted that post, and said we were talking about Buyer's Agents, so this didn't apply
Post #439 & 445 - you were corrected, since the language was so obvious (I'd use one of your thinly-veiled insults, but don't care to find one of your best ones)

and you haven't been able to stop moving the goalposts long enough to acknowledge you made an error.
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Old 01-28-2018, 05:13 PM
 
Location: Cary, NC
43,020 posts, read 76,519,527 times
Reputation: 45328
And, Bo plays Whak-A-Mole!

Imma gone stick with "Guess Your Weight."
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Old 01-28-2018, 09:55 PM
 
Location: Coastal South Carolina
6,415 posts, read 1,386,336 times
Reputation: 5264
Realtors are some of the biggest crooks in sales. I dislike most all realtors and would seriously try to sell/buy by owner next time if I could wing it.
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Old 01-28-2018, 10:04 PM
 
Location: northern va
1,736 posts, read 2,874,468 times
Reputation: 1688
Quote:
Originally Posted by Silver-Fox View Post
Realtors are some of the biggest crooks in sales. I dislike most all realtors and would seriously try to sell/buy by owner next time if I could wing it.
sounds good!
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Old 01-28-2018, 10:49 PM
 
Location: Raleigh NC
25,118 posts, read 16,073,937 times
Reputation: 14408
Quote:
Originally Posted by Silver-Fox View Post
Realtors are some of the biggest crooks in sales. I dislike most all realtors and would seriously try to sell/buy by owner next time if I could wing it.

it's clear that - very unfortunately to the profession - that many folks have wound up with unqualified agents, in one way or another, that made the experience unsatisfactory.

Those that would prefer to be satisfied, I truly wish they could find a qualified agent.

There's also a subset of humanity that are always unhappy, believe everyone is out to get them, and will never be satisfied. For them, the provider of any good or service doesn't matter. They'll find SOMETHING that they konw - they just KNOW - is the AHA!, they've been screwing me!!
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Old 01-29-2018, 03:15 AM
 
1,528 posts, read 1,575,687 times
Reputation: 2062
Quote:
Originally Posted by BoBromhal View Post
Under the assumption you can figure out how to read post #'s...

Post #434 - Ultrarunner posted a bout a disclosure form ALL agents must complete.
Post #438 - you quoted that post, and said we were talking about Buyer's Agents, so this didn't apply
Post #439 & 445 - you were corrected, since the language was so obvious (I'd use one of your thinly-veiled insults, but don't care to find one of your best ones)

and you haven't been able to stop moving the goalposts long enough to acknowledge you made an error.
No goalposts have moved.

My point was simply that agents need to be more careful about getting sued and the most common reasons for lawsuits are related to misrepresentation and disclosure. Wise agents need to avoid making representations about the condition of the home and when they start making representations, it can open the door to liability problems. For liability avoidance reasons, agents are increasingly advised to refer discussions about a home's condition to an inspector rather than try to deal with it themselves. Simple and I never expected that to be controversial. Does anyone dispute this? Is your position that liability issues and concerns are reducing and the trend is for agents to be concerned less about this and if they do have an opinion that the crack in the wall is just normal settling or that most homes in this area have some harmless slab movement, etc. they should just freely discuss this with clients? Although most agents are not qualified as home inspectors, agents see a lot of homes so it's not a problem to discuss these things with clients? That the lines of responsibility between inspectors and agents are more blurred and agents really shouldn't worry about crossing the lines? If you believe all of this, then you are not aligned with the guidance that is given out in your industry.

The CA form:
I believe that just about every state requires agents to disclose any material facts that they know and for Realtors, it's required for all by the CoA. California just has a form that requires agents to document this. I don't see how this one state's requirement to document what every agent everywhere is required to do argues against my point above. As a tangential point, I do think that although CA's form may be intended to offer more protection to the home buyer, I don't think it should use the term 'inspection' because it is in no way a home inspection. For liability reasons, agents are advised not to comment on the home's condition but to just document visual 'things' that would be clear to anyone without even entering the attic or moving anything that may hide defects - and without any conclusions on condition, cause, severity, repair options/requirements, recommendations, etc. - e.g. "stain on ceiling", "crack on wall". I wonder (despite all the cautions) how many buyers mistake this for a true inspection or a 'good enough' inspection when money is tight for many home buyers.

This is no excuse for being wrong and I was wrong to assume that an agent disclosure form for CA would only be needed to be filled out by the seller's agent. Although as I said above, all agents everywhere are required to disclose - this is just documenting it. It's not clear how and when this is done by a buyer's agent - before an offer, after an offer, after offer accepted, before every showing!? With a seller's agent, it's pretty clear how it would work but it doesn't make a lot of sense for a buyer's agent since disclosure should be done at the earliest opportunity and it doesn't make sense for a buyer's agent to fill out forms for every single home that they show to a client. Anyway, this does not change the fact that I was incorrect to assume that the form is only for the seller's agent.

There, I acknowledged my mistake and I will acknowledge any further mistakes. You post here as a professional and consumers may depend on what you say based on your stated qualifications. Therefore, will you pledge to retract and correct, just as I have, any misinformation or misleading information that you give here? As always, I believe that correct information is more important than egos or winning an argument. I think some of the professionals here don't like to be corrected and it's even been explicitly pointed out to me that it's inappropriate for me to correct professionals here as it may upset their egos. This is unfortunate because in the end, a lot of misinformation for consumers results (and let's not sugar coat it, there is A LOT of misinformation here).
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Old 01-29-2018, 06:55 AM
 
Location: Columbia, SC
10,892 posts, read 21,846,800 times
Reputation: 10485
Quote:
Originally Posted by max.b View Post
I didn't say that I'd hire an attorney with no experience, but somebody will.

These timelines are what it takes a high school graduate to get to the point where they get paid for their time (assuming they pass some licensing exams)
...
Agents don't generally get paid for their time. Just when I think it's not possible for anymore incorrect info to surface on this thread you go and prove me wrong!
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Old 01-29-2018, 07:10 AM
 
Location: Columbia, SC
10,892 posts, read 21,846,800 times
Reputation: 10485
Quote:
Originally Posted by kokonutty View Post
No. Not rhetorical at all. Let me repeat it here, verbatim, for those who may have missed it in addition to yourself:

"Where is the buyer's agent who wants to propose a system that gets him more money as the contract price goes down rather than up?"

You are obviously not the guy I was seeking. That's okay, but no need to go off on those well trodden tangential paths.
It is a flawed concept. The agent has minimal control at best over what a seller will accept. What about a market with low inventory and everything is multiple offers? Would there not be some reward for merely helping the agent close on the house? Or is this a bonus for a lower price?

No, I reject this proposal out of hand. On the surface it sounds good but it doesn't actually improve anything when digging deeper. There will still be issues. Different issues but still issues.

The agent's job is to assist the person with the transaction. If we can help save a little money for them along they way that's great but at the end of the day it still comes back to the agent has limited control over final sales price.
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Old 01-29-2018, 07:13 AM
 
Location: Cary, NC
43,020 posts, read 76,519,527 times
Reputation: 45328
Quote:
Originally Posted by Brandon Hoffman View Post
It is a flawed concept. The agent has minimal control at best over what a seller will accept. What about a market with low inventory and everything is multiple offers? Would there not be some reward for merely helping the agent close on the house? Or is this a bonus for a lower price?

No, I reject this proposal out of hand. On the surface it sounds good but it doesn't actually improve anything when digging deeper. There will still be issues. Different issues but still issues.

The agent's job is to assist the person with the transaction. If we can help save a little money for them along they way that's great but at the end of the day it still comes back to the agent has limited control over final sales price.
You are working too hard in response to a rhetorical "non-rhetorical" question.
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