Insulating Against A Law Suit

Generally most of my posts are adaptable to sales in any industry. Today I am specifically addressing real estate sales. If someone practices real estate very long, they will face legal issues; especially if they sell a lot of real estate. There is a very simple explanation for it too. It’s impossible to please everyone, and especially, if you represent both the buyer and the seller. In this type situation the buyer feels like the seller took advantage of them, while the seller feels like the buyer took advantage of them. As a Realtor® who is wedged between both parties thinking the agent showed partiality to the other party in the transaction. To complicate matters worse, in a typical real estate sales transaction there are numerous entities that have specific requirements and guidelines that must be followed.

Managing Your Risks

Generally most of my posts are adaptable to sales in any industry. Today I am specifically addressing real estate sales. If someone practices real estate very long, they will face legal issues; especially if they sell a lot of real estate. There is a very simple explanation for it too. It’s impossible to please everyone, and especially, if you represent both the buyer and the seller. In this type situation the buyer feels like the seller took advantage of them, while the seller feels like the buyer took advantage of them. As a Realtor® who is wedged between both parties thinking the agent showed partiality to the other party in the transaction. To complicate matters worse, in a typical real estate sales transaction there are numerous entities that have specific requirements and guidelines that must be followed.

In most real estate sale transactions there are two separate agencies involved. 

More times than not one agency will have the listing and represent the seller while the other agency will represent the buyer. [Read more…]

Making False Promises is Against the Law

ONLY DEAL IN FACTS

Continuing our examination of Alabama License Law violations that result in disciplinary action, real estate agents making false promises to people buying or selling real property is very serious. Alabama License Law Section §34-27-36 (a) (4) states; “Making any false promises of a character likely to influence, persuade, or induce any person to enter into any contract or agreement. One should note that the above section deals entirely with violations that warrant disciplinary action.

It is also important to note that a real estate agent doesn’t necessarily have to make a statement in the form of a promise in order to violate this statute. Matter of fact, in my 42 years in real estate, I have never heard an agent make a “promise” to a prospective buyer, nor a seller. Does this mean that no one is guilty of violating this statute? Absolutely not. While training new sales agents [Read more…]