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#67353 - 01/02/07 04:16 PM Investing as an Agent and ethics
vk60546 Offline
Member

Registered: 06/05/06
Posts: 208
Loc: Office is in Naperville, IL
I read the archives and found a post by Realty Check, addressing a similar question. This is what was said (on 11/2005)

 Quote:
I personally think their is a BIG problem if your access to a seller was gained with the premise that you were an investor then you switch to a listing agent. I know of several Ethics Complaints based on just that event.

This is often how some ineffective agents attempt to work around the Do Not Call list... posing as a buyer only to turn into a listing agent. This is a very dangerous tactic that can end your licensed real estate career and cost you a significant amount in fines.

If you are a licensed real estate agent, always make that clear in any real estate contact. Their is no problem in letting them know you may have personal interest in the property AFTER you tell them you are an Agent and before you "visit" or discuss the property.

My requirement to my agents is they must always make a decision as to their intent... to buy or to list a property before they make a contact with the seller. ALWAYS disclose that they are an agent. If they made contact as a buyer and decide not to buy... let the seller know you have no interest and LEAVE. You can always leave a card and if they have interest let them Call you... DO NOT Solicit them.

No matter what the circumstances are... a switch will look like a bait and switch and you do not need that problem.
The above sounds like a very good advice. However, my question is this. What if one approaches a homeowner as a helper. In other words, approach the homeowner as a person who genuinely wants to help them in their situation.

So... if the owner wants to sell the property, they can sell to me at $xyz amount. Or, I can list it for them at $XXyz amount;

In that case there is no bait and switch. It's like approaching a FSBO with intent to give them as much help as possible with intent to have them either buy their next home through you OR sell their existing home through you.

What's wrong with this setup?

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#67354 - 01/03/07 08:35 AM Re: Investing as an Agent and ethics
mcole Offline
Member

Registered: 11/30/06
Posts: 64
Loc: Orange, CA
I think the key here is just disclosing your intent along with the fact that you're an agent.
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#67355 - 01/04/07 08:29 AM Re: Investing as an Agent and ethics
Jim Erickson Offline
Veteran Member

Registered: 03/31/04
Posts: 509
Loc: Twin Cities, MN
Keep one thing in mind. You are a licensed professional, an expert in your field and held to the highest standards. The FSBO is not. If any legal ramifications arose from this transaction, (FSBO later declares was taken advantage of) your actions would be thoroughly scrutinized.
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#67356 - 01/04/07 10:05 AM Re: Investing as an Agent and ethics
mcole Offline
Member

Registered: 11/30/06
Posts: 64
Loc: Orange, CA
Good point, Jim. And, all things being equal, it's obvious which way a judge would probably lean.
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#67357 - 01/04/07 10:24 AM Re: Investing as an Agent and ethics
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Agent investors do this everyday. The key to this is signed disclosures. I always write in a section of the contract to buy that "I am a licensed broker but am not acting in that capacity for this transaction and do not represent the seller in any way" and Always have the sellers initial that line. This information is also preprinted on my investor purchase and sale contracts and the other party must initial there as well.

Just because you are a real estate professional does not mean a judge is going to take pity on the seller and rule against you without cause. Just make sure you document and disclose and have the sellers sign off that they were aware of you licensed status.


 Quote:
Originally posted by mcole:
Good point, Jim. And, all things being equal, it's obvious which way a judge would probably lean.
_________________________
Paul Oaks
Oaks Real Estate Group

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#67358 - 01/28/07 02:21 PM Re: Investing as an Agent and ethics
Aftermath Offline
Member

Registered: 01/08/07
Posts: 98
Loc: Ca
Agents do this all the time? How would this effect your reputation? What if you buy FSBOs from homeowners who do not know how much there home is worth and turn around and sell it at a higher price? Will this situation effect a Judges dicision or are you protected by the disclosure?

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#67359 - 01/29/07 01:04 AM Re: Investing as an Agent and ethics
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
As with any transaction you do as an agent you need to make sure all the i's are dotted and the T's are crossed. When doing transactions as a principle those signed disclosures go a long way to keep you out of legal battles.

Why are you so worried about a FSBO? A FSBO that has CHOSEN not to be represented by a professional. You are acting as an investor. Your only priority as an investor is to make as much money from the transaction as possible.

Get the disclosures signed and make sure all the transaction details are done correctly, just as you would do if you are acting as an agent. If you plan to worry about how your personal investment may effect your reputation or how you could be ruled against simply because you are an agent then I suggest that investing is not for you!

 Quote:
Originally posted by Aftermath:
Agents do this all the time? How would this effect your reputation? What if you buy FSBOs from homeowners who do not know how much there home is worth and turn around and sell it at a higher price? Will this situation effect a Judges dicision or are you protected by the disclosure?
_________________________
Paul Oaks
Oaks Real Estate Group

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