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#397428 - 12/23/11 08:49 PM How Many of you were trained on contracts in the beginning?
AAP Offline
Member

Registered: 12/28/10
Posts: 73
Loc: Toronto, Ontario
Don't you think a brokerage has a duty to train you on the contracts and legalities (school doesn't count it was limiting), also the the step by step approach of a real estate transaction.

I asked a colleague who started the same time as me, and she said that the secretaries type up the offers, and upload your lisitings. The funny thing is I want to learn this stuff...I am a control freak.

She also told me that she typed up her first offer, and showed it to the manager he said that it looks good. A couple of days later she received a call from the administrator (who really runs the show) saying that she missed an important clause and needs to type up an amendment.

Anyways my point is with a limited amount of people in my data base, anyone who contacts me and uses my services if I put them in this position would they use me again after the mistake which from what I understand could have been messy.

I think part of our job is prospecting, but also knowing what to do in certain situations. I understand experience will be our best learning tool, but I feel as the brokerage defers so much responsibility. Any thoughts?

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#397429 - 12/23/11 09:07 PM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
MHT Offline
Member

Registered: 12/24/09
Posts: 256
Loc: Ontario, Canada
Around here most agents are doing their own offers. We are in a rural area with small offices so we do not have the same sort of support staff that the large brokerages in the city have. I make sure to train my guys in contracts and make sure they have all of the correct forms BEFORE they go out to write up an offer or take a listing. I also have them run their first contracts through me (Broker of Record) so that I can be sure that they are being done correctly. Ultimately I am the one responsible for their actions so I want to make sure that they not only know how to fill in blanks, but also understand what everything means and why we do what we do. When they bring in their first offers I will ask them many questions about the property because what they might not think about at first, can be of major consequence later (for instance, is it on a well, and if so, do you have a condition on the water being tested?).

So yes, I believe that brokerages should be training all new agents about the contracts (beyond what OREA teaches).

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#397430 - 12/23/11 09:55 PM Re: How Many of you were trained on contracts in the beginning? [Re: MHT]
AAP Offline
Member

Registered: 12/28/10
Posts: 73
Loc: Toronto, Ontario
Too bad that you are not in charge where I am, I would like to pick your brain. I feel like I am unable to do my job blind like they expect me.

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#397473 - 12/25/11 07:53 AM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Our brokerage is very meticulous about it. Every time a new agent joins the firm the cycle of training starts again and all agents are allowed to attend if they wish a "refresher." They go over the contracts (both the listing contracts and the Agreement of Sale) line by line by line.

They want us to have either the principal broker or his partner (also a broker)or another experienced agent in the office look over every contract before it is given to a client to sign. We are all encouraged to remember even if we are in the business 1 year or 10 we can still make mistakes. I've been doing this since 2007, have done more than 20 transactions each of the last 3 years...and I still have someone look over my contracts.

Some of the contracts we get from other offices - even from agents who have been in the business 10 years, are amazing. LOL. Some of them are using those old fashioned "duplicate" contracts that are dated 1995. LOL. Our contracts get updated every couple of years...so using one that is 16 years old is really bad!!!

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#397476 - 12/25/11 10:31 AM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
And some E&O Policies will only provide coverage "IF" it is your Office Policy to only use the current REALTORŪ approved Forms.

I'm one who likes the old One(1) Page Listings and P&S Contracts; but that was from a time before everyone had taken Evelyn Woods Speed Reading Course and could digest 6 or 8 pages of legalese in less than 3 minutes.

I now often spend much more time explaining the "Forms" or Contracts than I do talking about the "Real Estate" !
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#397479 - 12/25/11 12:12 PM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2744
Loc: CO
This is what the law says here, you just can't use outdated or other type of forms, even if written by attorneys. Our sales contract is now 15 pages long, it was 2 pages when I started in this biz:

"Brokers that do not use the Commission-approved forms as required may be subject to discipline of their professional license."

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#397480 - 12/25/11 12:25 PM Re: How Many of you were trained on contracts in the beginning? [Re: pikes peak]
VABroker Offline
Veteran Member

Registered: 11/02/10
Posts: 848
Loc: Virginia
I've always come across a contract or two that something was missed by the other agent. Even if a broker doesn't 'explain' the contract to the agent, around my parts, there are certainly enough classes at various r.e.associations throughout the year to learn; but, if the broker doesn't want their agents looking like idiots, they should have training on the contracts.

Agents need to explain the whole contract to their clients even if someone else is 'typing' in the info - it's still the agent's butt in front of the r.e.board - not the typist's.

And, is it really so hard, so difficult to take the time to look the whole contract and its parts over one last time before emailing (or whatever) to the opposing party? No, so agents should TAKE the time. 10-15 minutes can save hours and/or days of aggravation to correct.

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#397502 - 12/26/11 11:48 AM Re: How Many of you were trained on contracts in the beginning? [Re: VABroker]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2744
Loc: CO
VA, couldn't agree more! At the end of the day it's the agents responsibility to assure a good contract exists between the parties, without ambiguities. That is what we get paid for.
Every new agent needs to learn and know the contract details inside and out and be able to paraphrase each paragraph for ease of comprehension, for themselves and their client.

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#397512 - 12/26/11 02:58 PM Re: How Many of you were trained on contracts in the beginning? [Re: pikes peak]
AAP Offline
Member

Registered: 12/28/10
Posts: 73
Loc: Toronto, Ontario
Thats my point. I don't want to put my career on the line like this. Do you think it is strange that I absolutely don't know what to do? I think I am going to approach one of the managers. What do you think I should say?

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#397514 - 12/26/11 04:08 PM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
barb43 Offline
Veteran Member

Registered: 07/31/08
Posts: 944
Loc: SW Okla
Originally Posted By: AAP
What do you think I should say?


"Can I have a few minutes of your time? Y'know, the basic r.e. course didn't really teach me how to do contracts. I don't feel very comfortable with the form. Could we schedule some time where you and I could run through a listing contract together? And maybe do a sale offer too?"

That's exactly what I'd say.

We were not taught contracts in the basic course. We learned those in the advanced course. The basic course has changed since I went through it so I don't know when contracts are now taught.

I see a lot of things on sales offers where some very experienced Realtors leave things out/do things incorrectly.
_________________________
Remodeling houses & helping tenants get ahead in life since 1983. Licensed Realtor since 2005. Addicted to REOs, BPOs, and working to expand.

LIMITATIONS: Until You Spread Your Wings, You'll Have No Idea How Far You Can Walk. - despair.com

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#397521 - 12/26/11 04:59 PM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
Ryan O'Neill Offline
Member

Registered: 06/16/08
Posts: 220
Loc: Minneapolis, Minnesota
It is absolutely crucial for a newer real estate agent to spend some valuable time with his or her manager, team leader, Broker in regards to the contracts.

Here in Minnesota, our standard MN Association of Realtor forms seem pretty simple. However, you really need to know the ins and outs of all the various contingencies (inspection, financing, well, septic, etc)

With our team, we also encourage newer agents to shadow more senior agents, especially when it comes to paperwork.

I hope this helps and I do wish you all the best in the real estate business. 2012 should be a great year for all agents!
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#397528 - 12/26/11 07:15 PM Re: How Many of you were trained on contracts in the beginning? [Re: Ryan O'Neill]
VABroker Offline
Veteran Member

Registered: 11/02/10
Posts: 848
Loc: Virginia
AAP - I agree - say to your manager exactly what barb43 said.

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#397543 - 12/26/11 09:46 PM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
Home Seller Guru Offline
Member

Registered: 10/02/09
Posts: 207
Loc: Salt Lake City, UT
I had a broker that was utterly superb in teaching contracts. He went through what each section meant and what the consequences of that paragraph would be if you screwed it up.

I know that our association runs several good classes on the contract as well so check with your board to see what they offer.

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#397605 - 12/28/11 12:47 AM Re: How Many of you were trained on contracts in the beginning? [Re: AAP]
TonyG5003 Offline
Member

Registered: 07/17/11
Posts: 20
Loc: Issaquah & Snoqualmie WA
I'm a new agent this year, (in Washington State), and I've been surprised by the lack of true "organized training" specifically regarding the contracts. With this said, because there were other new agents seeking more info as well, we did have more formal training in the office - but it's not "typical."

Personally, I choose to learn as much as possible - but I can see where the general public assumes most agents aren't knowledgable, when there aren't very many checks & balances to ensure a greater level of competence. Clearly, it depends on the state.

More over, coming from Texas, I'm still getting used to the idea of the fuzzy lines between filling in blank boxes (literally, entire pages of blank boxes - there's even a form with a big blank box) and "practicing law." This was a big NO NO in Texas - but allowed here. Seems contradictory to the license law... but oh well.

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#397610 - 12/28/11 06:04 AM Re: How Many of you were trained on contracts in the beginning? [Re: Vermont]
Retsof Yor Offline
Veteran Member

Registered: 12/03/05
Posts: 692
Loc: South Central Kansas
Totally agree with you Vermont and other posters on the importance of knowing the forms. Nine out of ten times I need to rewrite the offer (always using the board forms) for both experienced and new agents, once it is preliminarily accepted by the principals through negotiation. I came into RE sometime ago from a construction management background and contract administration was part of it. Sometimes I smear my lipstick, biting my lip when an agent talks about the "Contract" when they deliver the "Offer" to me for Seller submital. Geezo Peezo no basic understanding of the process?
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