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I frequently refer them back to their agent, but will give an opinion on generalities of real estate (and specifics in my state). I seem to recall saying frequently that I'm in Texas and laws vary from state to state so check with someone in your state who has a clue about the real estate laws there. I know I've referred them back to their agent on occasion as the person with the best answer due to having all the information right in front of them, or asked if they have one.
If you don't drink a lot of margaritas, you can afford Patron. If you use my recipe, you don't HAVE to drink a lot of margaritas!
After reading the conversation for the past two pages, I understand the answers I've read from some of you SOOOOOO much better. It is all coming together and making so much more sense!
Licensed professionals come on tv radio all the time touting their advice, taking calls etc. - the information given is based on the known info publicaly disclosed - one things for sure confidentiality isn't an issue and we aren't holding a contrct in front of anyone and we aren't telling people don't get an inspector, lawyer, surveyor, etc. and we aren't telling people what their homes are worth, or driving buyers around and talking about the local covenants - advice here is general, public, and is given as a perspective. Quervo on the rocks with a twist and a beer back since I can't afford Patron.
This is a good point. There are MANY real estate radio shows and what's the difference between those and answering questions on a forum.
Although I often tell people to get a lawyer on here...
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?
There are multiple definitions for the word "solicit". I think the relevant one is posted below:
so⋅lic⋅it - 6. to solicit orders or trade, as for a business: No soliciting allowed in this building.
So in my view, unless you were trying to "steal the client", then you are not soliciting, and therefore are not in breach of ethics.
Also, to answer the broader question - "Is it ethical" - the assumption made here is that the NAR's "Code of Ethics" is a definitive guide to ethics. I could write the "Rubber Factory Code of Ethics", yet it does not necessarily mean that it is a fair guide to ethics. I personally don't take anything seriously from the N.A.R., so I would be inclined to ignore their code of ethics entirely. I am not a Realtor, though, and I have made no committments to the organization.
Also, to answer the broader question - "Is it ethical" - the assumption made here is that the NAR's "Code of Ethics" is a definitive guide to ethics. I could write the "Rubber Factory Code of Ethics", yet it does not necessarily mean that it is a fair guide to ethics.
Yes ethical is subjective, which is what creates all of the problems. I personally don't see providing feedback about whether or not photos are good, etc to be unethical because I think it helps the agent and the consumer out. To me, that is a good thing.
Others see it as interference in the listing agreement so for them it would be highly unethical.
The difficulty with the NAR Code of Ethics is that most agents are required to be Realtors because 84% of MLS's require Realtor membership in order to access the MLS. My MLS does not require membership. So for many agents it does become the definitive guide by default.
Idiots on the radio and TV don't justify idiocy in cyberspace.
"If all the other kids jumped off a cliff..."
I'm a "First do no harm" sort of guy.
And doing no harm is just another reason never to put Coca-Cola in perfectly good bourbon...
I have listened to some good radio shows and bad radio shows...They aren't all idiots...
Okay...so "do no harm" I think is a good standard ideally, but when you see a client of another agent post their link for their listing on here with bad marketing photos, isn't it more harmful to the consumer to NOT say something?
What IF the problem is the crappy marketing. So the question is who are we trying to avoid doing harm to? The consumer, or the agent's ego? What if a consumer gets all this feedback that says, yucky pictures, they talk to their agent and get better photos and things go better from there. Maybe that agents learns they aren't a good photographer and builds professional photos into their marketing plan and the consumer gets better marketing. Why is that unethical?
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