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#117233 - 04/10/06 07:19 AM unethical and unprofessional behavior
gerryl Offline
Junior Member

Registered: 04/10/06
Posts: 7
Loc: Daytona beach Fl
Can you please let me know what legal rights if any or any actions can be taken against a realestate agent who is also a owner of a condominium unit at our complex. She has been renting and selling units here for over 20+ years and through those years she has broken our requirements to disclose special assessments, rules regarding pets, and have a copy of our documents handy to answer questions when asked of prespective buyers/renters. She also is very unprofessional in her appearance. When she is at the pool and she has an appointment to show a unit, she shows up in her bathing suit, flipflops, and glittery straw hat. Or she wears shorts and a tank top---very unprofessional. She also is telling unit owners that they can give a key to their unit to her so she can show their property for them. Our office requires that a key be given to the office in case of emergency and also it is a way of keeping track of who the renters are and so they will check in with the office and be advised of the rules and find out how long they will be staying( 30 day minimum rental in our documents). If they go through her and not the office, we can't keep track. In some cases the owners are even refusing to give a key to the office saying that the agent has the key.
What can be done to get her to stop this practice and behavior. Can we report her to her agency and if necessary restrict her from any future realestate dealings at our community??

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#117234 - 04/10/06 12:44 PM Re: unethical and unprofessional behavior
altarealtor Offline
Member

Registered: 01/09/05
Posts: 390
It doesn't sound like your having a problem with any one individual, but rather with empowering the association to take remedial action. It also sounds like you are entering areas that are beyond the scope of what a condo associations' mandates are.

Financial penalties levied against the unit owners are a likely corrective action. They will interpret subsequent reactions as they see fit. But you need solid grounds to impose such actions, based on the legalities of your assoc. bylaws.

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#117235 - 04/11/06 01:27 PM Re: unethical and unprofessional behavior
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
My first question for you would be who are you? Just a unit owner or are you an elected member of the association?

Your opinion of the agents professionalism is not an issue . Obviously her clients do not feel she is unprofessional. It sound more like you have something personal against this agent. You cannot legally stop her from representing owners in the complex. I have a friend in Hawaii that is a Realtor and he shows beachfront property in cargo shorts and a Hawaiian Shirt...

What proof do you have that she has been violating the association rules? If a unit owner wants to give her a key they are within their right to do so. If the association rules say the front desk gets a key then that is between your association and the individual owners.

 Quote:
Originally posted by gerryl:
Can you please let me know what legal rights if any or any actions can be taken against a realestate agent who is also a owner of a condominium unit at our complex. She has been renting and selling units here for over 20+ years and through those years she has broken our requirements to disclose special assessments, rules regarding pets, and have a copy of our documents handy to answer questions when asked of prespective buyers/renters. She also is very unprofessional in her appearance. When she is at the pool and she has an appointment to show a unit, she shows up in her bathing suit, flipflops, and glittery straw hat. Or she wears shorts and a tank top---very unprofessional. She also is telling unit owners that they can give a key to their unit to her so she can show their property for them. Our office requires that a key be given to the office in case of emergency and also it is a way of keeping track of who the renters are and so they will check in with the office and be advised of the rules and find out how long they will be staying( 30 day minimum rental in our documents). If they go through her and not the office, we can't keep track. In some cases the owners are even refusing to give a key to the office saying that the agent has the key.
What can be done to get her to stop this practice and behavior. Can we report her to her agency and if necessary restrict her from any future realestate dealings at our community??
_________________________
Paul Oaks
Oaks Real Estate Group

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#117236 - 04/11/06 01:30 PM Re: unethical and unprofessional behavior
Realty Freak Offline
Moderator

Registered: 10/11/05
Posts: 157
Loc: Chicago, IL
I can't believe this, but I have to agree with Paul on this one.
_________________________
San Jose Real Estate

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#117237 - 04/11/06 03:14 PM Re: unethical and unprofessional behavior
Ohio RealtorŪ Offline
Member

Registered: 11/17/05
Posts: 369
Loc: Cincinnati
 Quote:
Originally posted by gerryl:
Can you please let me know what legal rights if any or any actions can be taken against a realestate agent who is also a owner of a condominium unit at our complex. She has been renting and selling units here for over 20+ years and through those years she has broken our requirements to disclose special assessments, rules regarding pets, and have a copy of our documents handy to answer questions when asked of prespective buyers/renters. She also is very unprofessional in her appearance. When she is at the pool and she has an appointment to show a unit, she shows up in her bathing suit, flipflops, and glittery straw hat. Or she wears shorts and a tank top---very unprofessional. She also is telling unit owners that they can give a key to their unit to her so she can show their property for them. Our office requires that a key be given to the office in case of emergency and also it is a way of keeping track of who the renters are and so they will check in with the office and be advised of the rules and find out how long they will be staying( 30 day minimum rental in our documents). If they go through her and not the office, we can't keep track. In some cases the owners are even refusing to give a key to the office saying that the agent has the key.
What can be done to get her to stop this practice and behavior. Can we report her to her agency and if necessary restrict her from any future realestate dealings at our community??
After 20 years most Judges would say it's to late to do anything. By allowing the behavior you have deemed it acceptable. If all this started in 1986 why whine about it now? Just deal with it and get on with your life. By the way who sets the dress code for someone that runs their own bussiness?
_________________________
My thoughts are opinions only and not to be confused with legal advise. www.Find1home.com

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#117238 - 04/11/06 03:29 PM Re: unethical and unprofessional behavior
gerryl Offline
Junior Member

Registered: 04/10/06
Posts: 7
Loc: Daytona beach Fl
Let me please correct you, the agent mentioned works for a totally different Agency and doesn't own her own business. She just happens to live at the condominium and has claimed it as her own TURF for sales. This hasn't been going on for 20 years, she used to dress professionally at all times, but in recent years the bathing suit is her attire etc. I doubt that she is representing her Agency very well with the smell of suntan oil and wearing her bathingsuit. All I am asking is would you like to have sales agents representing your company showing properties dressed like that?? That is all I am trying to get at--if you were to look at a $250,000 condo and she showed up just from laying at the pool, I know I wouldn't care to much for her appearance. Maybe I am way off base on my standards of professionalism. You are in that line of work--all I would like to know. I am not looking for an argument. Again thank you for constructive information.

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#117239 - 04/12/06 03:22 AM Re: unethical and unprofessional behavior
Ohio RealtorŪ Offline
Member

Registered: 11/17/05
Posts: 369
Loc: Cincinnati
I think you have the wrong idea about how real estate brokerage works. Real estate agents do not work for a brokerage they work for themselves with the brokerage taking an override on their money. As an independant contractor the brokerage can only address legal issues with the agent. The agent choses which broker to pay to work with. Yes that right we pay to be with a broker! As for a dress code for Realtors, I have shown properties in full suit and tie all the way down to sweatpants and a tee shirt. You have to know your clients and their expectations. If I'm showing a lender owned property that has not been cleaned out I'm wearing something that can be cleaned easy. Does that fit your idea of dressing professionally? I would say not. Do my clients dress the same way when we view those types of properties? Yes they do! If her clients are comfortable with her manner of dressing thats all that matters to them.
_________________________
My thoughts are opinions only and not to be confused with legal advise. www.Find1home.com

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#117240 - 04/12/06 04:38 AM Re: unethical and unprofessional behavior
GregInAtlanta Offline
Veteran Member

Registered: 04/14/05
Posts: 1171
Loc: Atlanta, Georgia
If the agent has successfully sold in the development for 20 years, I think her clients are probably ok with her demeanor and her appearance.

I will say that she seems, for the most part, unconventional. However, if it works for her, it works for her.

As for her attitude of claiming that the building is her "turf", that is what a lot of productive agents do.

We are all in business for ourselves. If you complain to her broker, the complaint will probably never be acted on. Especially if she is productive and pays her fees on time.

As far as the key thing- I don't really think anyone has a right to tell a homeowner what they can or can't do with their key. For all intents and purposes, the homeowner can leave their door wide open 24/7.

As for the other issues: you have to understand that these are the issues of the condo assoc. They may or may not jibe with the real estate laws of your state. My concern would be if she followed state laws, not condo rules.

Sorry if this isn't what you wanted to hear, but not everyone fits into the traditional real estate agent mold.
_________________________
Greg Sargent
Licensed Georgia Real Estate Broker.

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#117241 - 04/12/06 05:10 AM Re: unethical and unprofessional behavior
KT Offline
Major Contributor

Registered: 01/18/05
Posts: 1524
Loc: Ohio
Maybe this is gonna sound really basic, but has anyone from the assoc. tried talking w/the agent about whatever issues go against assoc. rules?

As for what you consider unprofessional dress, what would you like to do, sue her to dress more up to your standards?

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