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The ethics question revolves much more around giving answers to questions to people who may take action on those answers without regard to the applicability of the answers to their personal situation, and the state they are in.
I don't worry at all about solicitation. Anyone who sees opportunity to come to CityData to swipe clients from other nearly anonymous agents should likely not cross the street without their Mom holding their hand. Let alone practice real estate agency.
But I do have significant concerns about "expert knowledge" being bandied about without the advice giver having complete knowledge about the transaction circumstances.
I see some astoundingly inept and inapplicable advice given here from time to time, sometimes from agents who are not diligent in knowing the person's circumstances or in recognizing the differences between states, and sometimes from amateurs who gratuitously toss in stuff that is hazardous to the recipient.
I totally agree with you and if I were an agent here giving advice, I would start my advice with "IMO" and end it with, "contact a professional or attorney" to confirm. If you take your position seriously, it would be smart to cover yourself. Or, just don't put "Real Estate Agent" on you forum ID.
what quality professional works for free?????
when i am going to hear something stupid and false on CDF 1st think outa their mouth is that they are a genius and a professional.
Last edited by Huckleberry3911948; 05-03-2009 at 02:56 PM..
I have been having an email exchange with another agent about the ethics of answering questions initiated by consumers, who have a real estate agent representing them.
Her position is that we can't answer those questions because it violates article 16 of the Realtor Code of Ethics. Article 16 states...
Realtors® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other Realtors® have with clients. (Amended 1/04)
The article then goes on to say
Article 16 is intended to recognize as unethical two basic types of solicitations:
The article is specifically about soliciting someone else's clients (which also violates Oregon law as well, not just the NAR Ethics).
So my question for consumers on this forum...when you post a question on here asking for help, and agents give you their opinion on what you need to do to make your listing/photos/home/home price etc look better, do you think
1) that by answering the questions the agent is interfering in your contract with your current real estate agent?
2) that the agent answering the question is trying to solicit your listing?
3) that it is unethical for agents to offer you advise/suggestions when you already have an agent?
4) that the agent answering the questions has formed an agency relationship with you and is now representing you in some form?
I'd love to hear your thoughts on this. What do you all think? Is a real estate agent answering questions when you already have representation, ethical? Were some of you able to take the suggestions given here and talk with your agent, who then gave you better service?
OH PLEASE! It isn't any more unethical to do this than it would be to ask a doctor you happen to meet at a cocktail party about an issue you are seeing your regular doctor for. If it was "unethical" then I guess you'd think going and getting a second opinion from a second doctor about something would be "unethical".
Remember, you "hire" or contract with the realtor to perform the service to your liking. If that realtor or other professional in any other field for that matter isn't doing that than it is in YOUR best interest to see that they do and if that involves gathering info from others to help you determine if your realtor is doing a good job than so be it!
Geeze Louise! Let's not lose perspective here. The only thing that would be unethical as far as I'm concerned is not paying the realtor their cut as long as they are under contract with you. So if you don't like their service or the terms of the contract than by all means, get out of it..
I have not read the entire thread, but it seems to me that if I am asking for other opinions it is because I do not have faith in my agent. If I am muddling along without an agent I am looking for guidance. I have never felt that anyone on this forum has tried to solicit me or anyone else.
Agents here in this forum are very careful to say that the info they are offering is specific to their location.
Now, there are a few agents in the state forums who on the surface appear to solicit, but they almost always seem to be with folks coming from another area without benefit of representation.
On the other hand, I've had my brain pumped and done a lot of work and explaining of health insurance issues to people who have asked for my advice only to see that they then take my advice but follow through with what I have advised with another agent. It doesn't happen often but it has happened.
Life isn't always fair but hopefully what goes around comes around. If you give enough, you'll hopefully get some back.
What quality person puts a dollar value on all aspects of life?
absolutely all aspects of their life reduced to money? i agree a bit bizarre. but giving loads of free unsolicited professional advice on CDF and worse identifying themselves as a professional.
flaunting credentials, e.g. lawyer, not good. much worse these individuals are often mistaken.
The ethics question revolves much more around giving answers to questions to people who may take action on those answers without regard to the applicability of the answers to their personal situation, and the state they are in.
That is a problem on all forums. I think principal brokers need to create company policies about this.
BUT there is also the issue of blogs. You and I both blog as do some of the other agents on here. So...I write a post about short sales in my area and someone in Alaska reads it and tries to apply it to Alaska...Was I unethical for writing that blog?
There are some blog posts that are misleading as well. Where does agent responsibility end and consumer responsibility start?
what quality professional works for free?????
when i am going to hear something stupid and false on CDF 1st think outa their mouth is that they are a genius and a professional.
Agents do free CMA's all the time in hopes of gaining business with a client. I have seen agents do free flyers for FSBO's in order to get the listing if the house doesn't sell.
That is a problem on all forums. I think principal brokers need to create company policies about this.
BUT there is also the issue of blogs. You and I both blog as do some of the other agents on here. So...I write a post about short sales in my area and someone in Alaska reads it and tries to apply it to Alaska...Was I unethical for writing that blog?
There are some blog posts that are misleading as well. Where does agent responsibility end and consumer responsibility start?
If I write a blog that opines "It's a great time to buy a house," and someone reads it and decides to get that little love shack in Kalamazoo, I feel fine.
They made a decision with little thought, possibly, but that is their responsibility.
If someone who is totally inept in their transaction like a few that pop up each week in CD, and I cavalierly prescribe a course of action without knowing the particulars, without referring them back to their agent, broker, or attorney, and they are harmed by following that course of action...
I would NOT feel fine.
There is a higher standard for licensed agents, per the law in North Carolina, higher than the standards for lay people, and higher than the standards for CD amateurs, kibitzers, and trolls.
We are supposed to recognize circumstances like that, I think, and act appropriately.
Often that means sending them back to their local professionals.
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