Sounds like you both wanted the boat.
You should of dragged it out on the street, call parking enforcement, and let it get impounded.
Then you guys can fight over it at the auction.

CanDo

Your posts have been right on target (at least for our state). I find it strange with some of the other posts that have taken the other side of the issue. It appears that they only read a portion of the posts and not formed a valid opinion. Linda should just validate her actions (cover her behind) by creating the infamous "paper trail". Should there be any legal ramifications she's got her company covered. If the bank and the broker are on the same page, then I would cut that relationship loose, in a heartbeat.

As for this broker......he/she would make make my "do not do business list". I've been in this business for a bunch of years. This list I've created has kept me out of court more than once. Even though we're "in the right" we can position ourselves to where we have to hire legal counsel (and they ain't cheap). Agents or brokers that run a "border line business" will make my list every time. It's just a matter of time before it all catches up with them and they finally get their due. If you or your company are involved in this transaction, you can "take it to the bank" you'll be named in this suit.

For years, I was as guilty ,as most, of sticking my head in the sand and just ignoring the issue with hopes it would pass by. My thoughts were......"I'm not the one that's breaking the law or unethiical"......The problem is "I know they're wrong". Sooooooooooo, this is how I now deal with these types of issues. I notify the party (or parties) of the infraction. They have one, and only one, chance to rectify the issue. If not corrected, I make my decision from there. No more of sticking my head in the sand.....No pun intended to Linda, but, I call it TAKING OUT THE TRASH. It's brokers like this that give us all a bad name.

And to Linda: Please PM me.....I need to know if you do business in my area. I WILL SEND YOU BUSINESS, ANYTIME.

Hey, if you want to be an industry vigilante, knock yourself out. but the banks will probably see you as a whiner and troublemaker, and send their business elsewhere.

I am learning alot about people in this thread...

THE BANKS WILL SEE YOU AS A WHINER AND A TROUBLE MAKER????

Shanna.....Either you're new at this business, related to broker referred to in this thread, or at least belong in the same box. I'll assume you're new for the sake of arguement.

As for the banks sending business to other companies....if they have the same thought and ethics as the broker in question ...GO FOR IT......Your assumption about loosing business must be correct.....guess that's why I worked 4 hours on Thanksgiving (lack of business?). TROUBLE MAKER?....youbetcha...must be my Irish side...If we continue to turn a blind eye to real estate ethics violations and those that break the law......just how do you think we're going to look to the general public (our current and future clients)? Rights right and wrongs wrong....no middle ground with me. If I'm involved I hit the ground running....and I don't mean the other direction. Just for clarification: When I say "if I'm involved" means it's my transaction and my business....I don't get involved in others unless I'm asked for advice (which happens often). I don't police the industry...just my own business......I clearly stated in my previous post that Linda should create a paper trail (to cover her back side).

It's a sad state of affairs when you see a broker go from a real estate business to a Sanford & Son operation......or could it be, just maybe, the boat in question, is worth much more than $350?

Would you care to put it to a vote to the members of this forum as to what's right or wrong in this issue? Without ethics, without honesty.....what do we have?......We offer a service....not a product.....without ethics and honesty we have nothing.

Wow! I popped in earlier to see if there was any reason for me to post a response. Unfortunately, I was in the middle of a trashout and I saw too many replies to respond to. But I'm home now so I've got a little time.

I agree, TB in TX. I also am learning about the people here at the forum so I want to say a big THANK YOU to those who actually took the time to read what I've posted. You guys get it.

And to a few others, please don't pat yourselves on the back for your speed reading skills yet. Anyone who is skimming, then posting is doing themselves and everyone else a disservice.

My topic is a very simple one, if you'll read the very first post. All I wanted to find out from the members here is if anyone thinks the broker is unethical or does he have an issue regarding conflict of interest?

In order to lay the foundation for my question, I outlined what happened. I've answered questions from everyone and [hopefully] addressed concerns others might have.

I now have a few questions of my own. I'm not going to attack anyone's ethics, trust me. Hopefully you'll all understand these are just straightforward questions that perhaps I can give me enlightened answers on.

To the person who would never work with me: Why would you NOT work with a reputable preservation vendor who knows the guidelines in and out and abides by them? I'm thinking perhaps you've misunderstood the basis for my topic or you might have borderline issues with other preservation vendors? In your experience, is this broker's behavior the norm?

To BourbonDuke: How did I sully MY reputation? Have I mentioned any names here, any property addresses, or even any cities where the incident took place? No, I did not. This topic is about ethics, not about exposing a particular person. I'm not the type to put someone on the spot by exposing them in a public forum anyway. To me, it just wouldn't be right. I'm also NOT making accusations. I'm asking for opinions from those in the same industry as the broker because YOU are his peers, not me. And, if you go back up a few posts, you can see I've already gone through the proper channels. Since this is a holiday weekend, I don't expect any kind of answer until Monday at the earliest.

Pinehurst RE Guy. You're right about the media. They can twist and turn the situation to either downplay it or sensationalize it. But, to re-iterate, the media was there to film a routine trashout, nothing more and nothing less. What happened between the broker and I happened BEFORE the producer/reporter showed up. And, like I said, I didn't give them an interview when they came to the lodge. I told them they would have to wait until I had talked to the bank and was given further instructions on how to proceed. They got very little from me before I left the property, too. I'm not stupid enough to go off half-cocked when I don't have all the answers I need to ensure the job gets done without liability on my part. [BTW. I'm not implying that you think I'm stupid. :)]

To Shana. I've read every word you've posted and I STILL think you're missing the point of the topic. I feel bad that I haven't made it clear enough for you. Sorry about that. But ME a vigilante? What if you showed up at a property where a preservation vendor was ONLY supposed to take photos to bid a trashout and saw him hooking a nice boat up to his truck? Would you report him to the bank or would you say nothing? Would reporting him make you a troublemaker?

To LandBaron: Thank you for making me laugh. I agree that sometimes words are not the most effective course of action. But I don't think involving the sheriff's department would have been the right one either. When I first read your post, I actually thought you were saying we should duke it out in the middle of the street. I read that during my break at the trashout and just the mental image of us going at it kept me smiling the rest of the day. It wasn't until after I got home that I re-read your post and realized what you'd said. [Yes, I was guilty of skimming today, too. I'm just glad I waited to post.]

I hope I haven't missed responding to anyone's posts. I actually had to have the forum site up twice on one page so that I could read and respond at the same time.

To those who disagree with what you THINK I've done, thank you for being honest in your post. I know that not everyone here will be in 100% agreement and I never expected it. Otherwise, there wouldn't be anything to discuss, would there?

I'm not a mean, spiteful person. I'm straightforward and honest and I'm a professional. I enjoy a very good reputation in the industry and would NEVER willingly do damage to anyone else's.

I'm also not overly concerned about damaging my reputation by posting what I've posted. I believe I've presented the issues at hand very well. So, basically, if you don't like me after this then you probably wouldn't have liked me anyway. And then, who knows? I might be fighting with you for payment. [J/K]

I love you all, btw. This has been interesting and I needed some excitement in my life.

Linda

I find it interesting how emotional people seemingly become when an opinion that differs from theirs is expressed.

Actually - I don't see any signs of skimming or speed reading either. Some opinions expressed simply take into account all the posts by Linda before their reply.

I have no problem being able to see 2 valid sides to this situation as originally expressed and before the subsequent post where Linda admits the News already knew her position and agreed to wait, which from personal experience is risky.

Linda asked for and received exactly that which she requested from others, "Anyone disagree or see other problems I haven't? Please let me know. I would appreciate it."

If Linda can take it, what's the problem with with differing view points.

I think TB has it right - we learning a lot about each other here - and the time of year may be influencing this a tad as well.

Hang in there Linda - everyone wants what is right to happen.

Good Luck

of course you will, because reality doesn't suit you. LOL, I've been in this industry for two decades. the veteran REO brokers know exactly what I'm talking about. the banks don't want to hassle with these kinds of petty disputes. like I said, if you feel the need, go ahead be a vigilante. try to get a few REO properties sold or trashouts done while you're at it, which is what the banks hire you to do, remember? LOL.

note that Linda stated she is having financial trouble, and lost her relationship with that broker. I would not be surprised if other relationships will be severed in the near future. this is the nature of the industry, like it or not.

if there's one point you should have taken from my posts, it's that you can't make assumptions about another's actions. as a PP vendor, you will certainly NOT be privy to all of the communications between all of the parties involved.

I've actually seen PP vendors physically break into and destroy doors and windows, to gain access to an REO property, because they refused to call the listing broker, when a sign with those instructions was clearly posted on the front door. the majority of PP crews in my area don't even speak english. this is what listing brokers have to put up with, so don't tell me I'm a rookie in this arena.

Linda already knows she needs to create a paper trail, and document her trashout work very carefully with photos. Linda asked for opinions, I gave her mine, based on experience.

People become emotional because they're passionate about what they do.

And, absolutely, Pinehurst RE Guy. I can take it [good or bad] and I hope no one thinks I'm putting anyone down for their opinions.

I believe everyone here knows the difference between right and wrong. But I also feel some have taken my posts out of context and that's why I mentioned the speed reading.

Every single response has simply added new dimensions to the learning curve for me and it's why I joined this particular forum in the first place.

I've seen some of the shakedowns others get in other topics and it shames me to think that people would lambaste others so badly in public.

BUT ~ If I should ever become afraid of getting beat up over something like this, then I don't belong here.

Linda

Wow, Shana. Now THAT is out of context to the topic. Do you think I'm posting here because you assume I'm on the verge of financial collapse?

And, more importantly, do you think that a boat is going to get me back on my feet? You didn't say this outright but you do seem to imply that I might STEAL the boat.

If that's where your posts are leading, you know nothing about me and all I can say is, an opinion is one thing, downright offensive comments is another.

Have a great day!

Linda

I am just giving Linda practical advice.

There is a big difference between the way it is and the way it should be.

In the corporate world, it does not pay to be a whistle blower.

Concentrate on the productive use of your time while keeping your own hands clean. Whistle blowing is non-productive.

I applaud Linda's integrity, but Linda should make amends with the broker and tell him that he cannot take the boat as it was part of the trashout bid and it affects her income.

I assume Linda figured that the boat would offset some of the disposal cost of things like waste motor oil, old paint, bald tires, crt monitors etc.

By taking the boat, the broker is taking from Linda, plus he is performing trashout work when he should just be taking bids.

You admitted in your second post that you are having financial troubles.

I don't imply anything, I state my opinions outright. I do think that you are upset because you (wanted) the boat as much as the broker did. LOL.

Hi Linda - Perhaps this should be a PM and I don't wish to beat another horse to death here - I think a large herd has been put down already.

We tend to hear the 'passionate' excuse played when logic and critical analysis has been overlooked and at times replaced with poor choices and even bad behavior.

IMNSHO, I find it difficult to follow someones thoughts when they hide in an emotionally charged post, but I understand more and remember it better when they add just a touch of humor - or at least attempt too.

btw, From the same set of notes and the exact same footage - that news crew can make you look like a champ or a chimp - you just never know. Do you spend any advertising dollars with them? Does that broker or bank? Get the point.

so shana, the boat is sitting in your back yard?

Since when is not breaking the law make one a whiner? Petty? Lying is never petty and breaking the law is never petty. Remember, who the whiner was. It wasn't Linda who called the AM it was the broker! The broker brought the news media, not Linda to this particular party. It wasn't Linda who didn't tell the AM that the call was being recorded by the news crew. Want to rethink who the whiner was shana?

As to Linda's financial difficulties, we all have them, everytime we advance one dime on behalf of any client with the expectation that we will get our money back for authorized and agreed expenses. It looks different from company to company but the bottomline is we are lending someone else our money and in some cases are forced through "click" or transaction fee to pay to get reimbursement!

You can't hire anyone who speaks English? Perhaps there's a reason. If they don't know what is going on then they'll never question you about why that boat is being hooked up to your truck as you pull away.

Spare me you sense of what's right and wrong. Legally, Linda was right.

Don't worry shana, you and I will never be on opposite sides of a transaction. You're too slick for me, you've got all the angles figured. Thank goodness, I wouldn't want you to break a sweat and do the right thing.

I think it's completely out of line to imply that Linda would have stolen the boat given the opportunity. Linda has never given any indication that she is anything but ethical and intended to follow the banks instructions to the letter of the law.

I am not so naive as to believe that property preservation companies don't reap the benefits of abandoned personal property, but what gives you the idea that Linda, in particular, would steal?

Again, this thread is really revealing some people's true nature, and frankly I find some of it surprising.