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#99679 - 03/19/06 12:03 PM
Sex offenders as buyers...
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Major Contributor
Registered: 08/10/05
Posts: 1662
Loc: Missouri
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Okay, we've discussed letting buyers know if there's a sex offender in the neighborhood they want to live in, but turn that around... You have a client who needs a place to move, but has very specific requirements, because her husband is a sex offender getting ready to be released from prison. They cannot live within 1000 feet of a school or daycare, cannot live in a neighborhood with little children, etc. I am looking for a property for them, but had to ask my broker whether I need to disclose his status to agents whose listings I was showing. We ended up calling MARs legal hotline, and they said that this side had not been "tested" in court yet, but that it would happen. He said that, as long as we are buyers agents or transaction brokers, there was no reason for us to disclose the fact, and that, if we DID disclose it, we would be in violation of our agency duties.... So, knowing that some neighbor down the line is gonna find out about his record and be mad about us selling him a home nearby, how would you handle it?
_________________________
REO Broker since 2004
"And think not you can guide the course of Love, for Love, if it finds you worthy, will guide your course" K.Gibran
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#99680 - 03/19/06 12:29 PM
Re: Sex offenders as buyers...
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Veteran Member
Registered: 09/19/04
Posts: 696
Loc: Montgomery County, MD/DC Metro...
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oh boy. Now I know how attorneys feel when they are called upon to defend Jeffrey Damer or Ted Bundy.... Damned if you do and damned if you don't.
Life is too short and I can't be all things to all people, so I would walk. Wouldn't touch it! I would have to tell her, sorry I can't help you.. See ya, hate to be ya!
_________________________
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#99681 - 03/19/06 01:30 PM
Re: Sex offenders as buyers...
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Major Contributor
Registered: 12/03/04
Posts: 2198
Loc: Austin, TX
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Oh wow. I don't think sex offenders are a protected class, so wonder if you can just decline offering services. I think I'd step out of the transaction after consulting with a lawyer.
It's just a moral thing for me. I couldn't work with a sex offender once I learned of the conviction. I'd tell them I have an ethical obligation to represent them to the best of my abilities and do not think I can do this. I'll then try to find an agent who can help, but would not take a referral fee.
Document everything. Maybe you can provide a written statement to them with broker and lawyer approval. Tough one.
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#99683 - 03/19/06 03:49 PM
Re: Sex offenders as buyers...
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Member
Registered: 01/22/06
Posts: 257
Loc: South Texas
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That one sounds like a train wreck. I'd have to dump him before I told him what scum bag I thought he was.....
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#99684 - 03/19/06 04:05 PM
Re: Sex offenders as buyers...
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Member
Registered: 04/23/05
Posts: 204
Loc: Fort Lauderdale
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In the last year I have wasted a lot of time with disloyal buyers. As a result, I choose buyers to work with carefully. I don't care what you look like, how much money you have, or if I dislike them. If I sense disloyalty I'm gone. In this situation you most likely will have 100% loyalty and would be surprised if the wife will want to explain her situation to too many others. For that reason, if she seemed very serious and normal, nice type I would work with her. It's not our job to like our clients, it's our job to sell. Everyone has a right to choose who they work with and a right to their opinions. I'm just saying I most likely would.
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#99685 - 03/19/06 06:21 PM
Re: Sex offenders as buyers...
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Member
Registered: 01/22/06
Posts: 257
Loc: South Texas
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Try explaining that to the little girls next door.
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#99687 - 03/19/06 06:50 PM
Re: Sex offenders as buyers...
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Member
Registered: 01/22/06
Posts: 257
Loc: South Texas
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This sex offender thing is probably going to get a lot worse in the future for the convicted buyer. Imagine how the immediate neighbors would react if you knowingly sold them your own listing in your farm area? Still no problem with that? How about if one of your buddies (who thinks like you) knowingly sells them the listing next door to your home. Starting to feel uncomfortably? I would. It's a very serious problem that sets people off quickly. No, they probably won't ever connect the agent, but you will always carry that baggage if something does happen.
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#99688 - 03/19/06 07:58 PM
Re: Sex offenders as buyers...
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Junior Member
Registered: 03/03/06
Posts: 7
Loc: Michigan
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Just to ad a little more to consider on this subject, consider this. In Michigan there are 4 types of Criminal Sexual Conduct ie: sex offenses. They are separated by a few factors. 1. Age of victim. 2. Relationship to victim. 3. Type of contact= touch etc. 4. Force used ie: Battery, coercion, blackmail etc. There have been multiple stories in the last year about female school teachers engaging in sexual relations with young students. They are now convicted sex offenders. States have different ages for "consensual realtions". You could have relations with a person of consensual age in one state and be arrested in another for the act. You now become a sexual offender. I am not defending offenders, just offering another side to think about.
_________________________
Not everything that counts can be counted, and not everything that can be counted counts.
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#99689 - 03/19/06 09:01 PM
Re: Sex offenders as buyers...
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Major Contributor
Registered: 12/03/04
Posts: 2198
Loc: Austin, TX
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Originally posted by FLLAGENT: It's not our job to like our clients, it's our job to sell. My business is built on clients that I like, trust and would work with again. My career is more than a paycheck; it's my reputation and ability to feel happy with choices I make. I do respect your opinion and understand, but I just don't think I would be able to represent this client to the best of my ability. I just won't work with someone I can't respect or feel good about helping.
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#99690 - 03/20/06 01:22 AM
Re: Sex offenders as buyers...
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California Real Estate Broker
Veteran Member
Registered: 06/15/03
Posts: 1225
Loc: Morgan Hill, CA, USA
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This brings home one of the main reasons I love this business.
I only have to work with people I want to work with.
I would walk away from this transaction.
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#99692 - 03/20/06 03:46 AM
Re: Sex offenders as buyers...
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Major Contributor
Registered: 08/10/05
Posts: 1662
Loc: Missouri
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BUT, I know what this guy did. I knew them both from a previous job. While it wasn't right, it wasn't anything that I would worry about if he lived close to me and my kids(cheated on his wife, while they were in a trial separation, with a girl he met at a bar- fake ID said she was 22, she was 16). But he has this label now, has spent 3 years in prison (he also bought her drinks, and she was a minor, so there were other charges, too, and in return for her testifying against him, she got no charges), they have to sell their home because it's too close to a daycare, and he cannot even be with his grandkids unless another adult is present at all times... Yet the neighbors of whatever I sell them, will eventually see that he's registered, and freak out, because the database doesn't give specifics, it just gives photo, name, age, address, and crime they were convicted of "statutory rape" gives people the idea that it was something a lot worse than it was. Legally, since they are not a protected class, I can walk away from this. Morally? Since I know what he did and feel like he's getting too much punishment for it, I have no real problem working with him. I know they will stay loyal, because the wife is almost ashamed to mention it to anyone else, and came to me because of the prior working relationship...
_________________________
REO Broker since 2004
"And think not you can guide the course of Love, for Love, if it finds you worthy, will guide your course" K.Gibran
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#99694 - 03/20/06 04:37 AM
Re: Sex offenders as buyers...
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Member
Registered: 01/22/06
Posts: 257
Loc: South Texas
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I may come off a little too strong on this one but, we have a one of these felons half a block away and my daughter is 13. It is constantly in the back of my mind.
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#99695 - 03/21/06 04:11 AM
Re: Sex offenders as buyers...
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Member
Registered: 11/10/05
Posts: 331
Loc: IN
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Wow... if that were here in Indiana his only charges would have been buying her drinks. Not that I agree with it or anything... but that is the law here.
Personally, I think it would be hard to find a house that fits what they have to move to. There are schools on every corner, children on most every street... and just because there might not be one now, what happens if in the future somebody moves next door with a lot of kids? Would they have to move again?
Unless they're planning to move to the country I see this as almost impossible to find them suitable housing.
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#99696 - 03/21/06 05:54 AM
Re: Sex offenders as buyers...
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Major Contributor
Registered: 12/03/04
Posts: 2198
Loc: Austin, TX
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Originally posted by TerryinVa: Its not our job to pass judgement on others. Everyone needs a place to live even bad people. If this person harmed someone you love, you'd still help them? If they harmed your mother, daughter, sister, nephew, etc., you'd let it go and take a paycheck? Some of us take this to heart and that's why we can't help someone who harmed someone ELSE's loved one. It doesn't have to be my own. I can't represent this person because I'd realize that they hurt another human being in a horrible way. I'd feel disgusted by them. Bad people need a place to live, so they're going to have to work with an agent who doesn't feel as angry, sad, digusted or upset about what they did. I feel I'm doing the client a favor by not working with them.
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#99697 - 03/21/06 07:03 AM
Re: Sex offenders as buyers...
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Junior Member
Registered: 01/05/06
Posts: 7
Loc: Georgia
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I was on the opposite end of this situation. I had the listings, another agent sold it. A couple of weeks after closing I noticed in the paper a list of the local sex offenders that had registered a new address. There was my listing. I had a couple of other agents in our office mention it to me, but I have not heard from the neighbors.
I don't know how I would have felt if I had known this information ahead of time.
_________________________
Julie
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#99699 - 03/21/06 09:20 PM
Re: Sex offenders as buyers...
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Major Contributor
Registered: 08/10/05
Posts: 1662
Loc: Missouri
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Lots of prayer from me on this one, too. I feel very strongly against child molestors, believe me. But I don't believe what he did was an intentional crime against a child. I've seen some 14 year old girls that could pass for 22, and use that to get what they want. It's a 2 edged blade... It's come down to looking in the country, but we are having trouble getting his parole officer to answer basic questions (like what if someone moves in next year and opens a daycare next door?) It will all work out as it is supposed to...
_________________________
REO Broker since 2004
"And think not you can guide the course of Love, for Love, if it finds you worthy, will guide your course" K.Gibran
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#99701 - 03/22/06 09:40 AM
Re: Sex offenders as buyers...
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Veteran Member
Registered: 09/15/04
Posts: 792
Loc: Virginia
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I agree with most of the most that I personally would not work and let someone in the office take over.
How comfortable and confident you will working for this client?
Good Luck
_________________________
Ritu Desai Associate Broker EcoBroker, ePRO, ABR Team up with Ritu & Samson Properties for all your Real Estate needs in Northern Virginia. Serving Fairfax County, Loudoun County in Northern Virginia Samson Properties,LLC Email - info@eNOVAHomes.com On the web: Your Virginia Realtor Virginia MLS Searches
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