HOV lanes are a phenomenon of social injustice that promotes the old adage that “rules are made to be broken”.
And of course, it is our government at work supplying federal funding, as I understand it, to build highways over the
U.S. The idea for HOV lanes, I surmise is to promote high occupancy in vehicles to cut down on pollution in our country and it is called “carpooling”. It needs to have 2 occupants or more, to be able to use the HOV lane. If you violate this law, you could receive a ticket from a policeman and it will carry a fairly stiff fine.
Because this HOV lane has very few cars in it, the traffic flows at probably the speed limit or more while the other lanes of traffic are sometimes at a standstill, and so it promotes the “adventurers”
with one person in the car, to violate the HOV lane and use it as a single driver.
Would it relieve traffic if everyone could use it? Of course it would! But no one would get a ticket, thereby generating money for the state.
So what is the social injustice in this scenario? A driver takes a small child, who is 1 year old, in the car to create “high occupancy”. That means that the 1 year old has “left their car at home” so that pollution is cut down from that car, because it is not there. Brilliant!
Now then, if the carpoolers are driving in the “regular 1 driver space”, do they get a ticket? NOPE—and I ask, Why not?
Do carpoolers cause accidents?
Probably—because when they want to leave the highway, everyone has to get out of their way to exit, because they cut across 4 or 5 lanes of traffic, slowing everyone down to take evasive action.
Now then, since I cannot drive in that lane because I am only 1person, why do I have to pay for it?
AND, after taking 2 years or more to
build a road, why wasn’t the HOV lane done at the same time? Never is and then they begin another 2 years of adding it and so we have 3 or 4 years of construction and slow traffic building a road that I am not entitled to drive on, even though I pay my share to build it. Irritating!
Agent will not return
calls (NRC) or is not communicating with parties doing business with the agent.
Unhappy tenants call the
Broker because they have issues with their rental and their property manager.
Agents from other
companies make offers on listings and the listing agent will not update or give
an answer from the seller.
rejected offers MUST be turned in to your office manager!
this—You, have absolutely nothing to sell except your ability to communicate
and make transactions happen. Therefore it is imperative that you communicate
effectively and do it before your Broker
receives the call as a complaint and has to answer it.
Takes about 3 minutes and you get a 1 year plan. Then go to GOOGLE and click on "calendar" to make time for the plan. It syncs with your smart phone.
Let me start by pointing out something, to those that may not look at their business, as they should. You are an Independent Contractor in the real estate business and are the sole owner of that business. You should open the door to your business every day just as Dillards and Home Depot do, remembering that you are a professional, where communication is the key to your success.
When you call Dillards or West USA Realty, how do they answer the phone? The answer is: Very professionally and you know whom you are talking to without asking.
Now then, think about how you answer your own phones. Same way? Fantastic!
However, a few agents just say Hullo! (I always wonder if I dialed a wrong number). It is then left to me to inquire as to the identity of the person I am talking to. Not good!
A suggestion is that you answer with your name first or West USA Realty, this is______
Please try this and remember—the caller is calling your BUSINESS number no matter where you are. If you are at home, answer the phone yourself and do not let your children do it. Remember, professional communication is the key to your business success.
As mandated by the National Association of Realtors. I often wonder who dreamt up this inequitable idea and why do OVER one million members subscribe to it, including me.
The obvious answer is that we all want access to the Multiple Listing Service and Pro Cause actions are a part of the NAR package; put into place many years ago. An antiquated custom that may have been desirable and necessary at the time but I do not believe that it has any merit in this time of client representation for all parties.
I am not aware of any other trade organization where a member can demand another member’s paycheck and then get a hearing to see if they get it.
The following is a typical scenario that I have observed in my 36+ years as a Realtor.
Broker # 1 writes an offer on real estate property negotiating many items, usually with counter offers, gets it accepted, and opens escrow. Then follows through with a myriad of items, including a professional inspection, dealing with the resulting repairs, guides the buyer through the loan process, the appraisal and comparables and then, perhaps in about 45 days, a closing happens; if all the obstacles are overcome. This would include the “fun” of the final walk through inspection, turning over the keys, the hassle of moving out and moving in and of course other “surprises”.
The Broker then gets paid from escrow, but has these responsibilities: must pay errors and omissions insurance, maintain records of the sale for five years and also be the object of any buyer dissatisfaction and resulting lawsuits.
Wow, it was nice to get paid, but wait! After all this, someone else can come to you, via your local Association, WITHOUT A GUN and take your paycheck away from you.
How does this happen? Well here’s the rest of the story (as Paul Harvey says).
Broker # 2 who has previously driven the same buyers around looking at homes,
bought them lunches, burned a lot of gas and spent long hours at the computer, has lost contact with the buyers and cannot get any return calls. Who knows why!
For some unknown reason, the buyers have come into contact with Broker # 1 and have decided to write a contract on a home previously viewed with Broker # 2. They even go see it again just to make sure it is the one they want. (This makes it seem that the buyers are the actual miscreants). They close escrow and the action begins when Broker # 2 puts in a claim for the paycheck earned by Broker # 1 (even if he or she had no knowledge of what was coming down). This is absolute insanity; however, we are all bound by these crazy rules because we all want Multiple Listing Services!
And yes, some agents CREATE procuring cause situations by giving buyers a list of addresses with these instructions: Drive by and if you see something you like, call the listing agent to show it to you. But come back to me to write it up because I will work for far less commission than other agents and we can get the property for several thousand dollars less than asking price.
This scenario has been reported to me several times but is very hard to prove that it even happened because the beneficiaries of such savings are not willing to get involved.
I find another area of concern regarding procuring cause actions; Brokers that wait until the last week to file claims for arbitration even though they have 180 days to do so. Makes me wonder if they really think they have a claim or as one Broker put it; “Wouldn’t you put up $500 to win $5000? These odds are better than Vegas”! While others have pointed out that arbitration is a good way to get paid while doing no work, pay no E&O insurance, encountering no lawsuits with no problems after closing.
The solution? The utilization of Buyer Broker Agreements and collection of retainer fees should, substantially reduce procuring cause issues, therefore eliminating the need for the availability of relief in this area.
Usually, this then prompts the famous “agents whine”; “You can’t get people to sign those things”! Of course, they are right, if they never ask.
So then, answer these questions! Would you take a listing on real property, without getting it signed? Do attorneys go to work for anyone, without a retainer? Do you get past the admitting clerk at a hospital and go directly to a room? As a Realtor, are you worth nothing?
Actually, I have agents at my company that will not do business with a buyer without a signed Buyer Broker Agreement and they rarely fail to get clients to agree to sign one. (My daughter is one of these).
Following is a statement written by Julie Garton-Good for Today’s Realtor several years ago (perhaps paraphrased a bit). “The debate over signing buyer clients to exclusive agreements is very much alive; many Buyers’ Representatives view an unsigned buyer client as they would an open listing; a potentially unprofessional and unproductive venture to be avoided. Would you spend precious time and money marketing an open-listed home, only to have someone else, make the sale? Why would a Buyer’s Representative take on a similar relationship with a buyer client, especially after vowing to provide high level fiduciary services to the client? An open listed buyer client is not only an agency contradiction in terms but also bears the same level of liability as, and a higher potential for procuring cause situations than a signed client”. (End)
I believe if Brokers utilize Buyer Broker Agreements with retainer fees, procuring cause actions would never be necessary. And buyers need to know that Brokers services are not cost free. If the seller pays the fee, then perhaps the buyer won’t pay anything. If not, then the buyer must honor their contract with the Broker or perhaps forfeiture of the retainer may satisfy the Broker. In any event, it needs to be negotiated and collected.
Then I believe that Buyer Broker Agreements should be ENTERED INTO THE MLS COMPUTERS AS NOTICE TO EVERYONE THAT THESE BUYERS ARE SIGNED TO A BUYER BROKER AGREEMENT; JUST LIKE A LISTED PROPERTY! Take away procuring cause availability and Buyer Broker Agreements will become a way of life for Realtors.
If you have read “Real Estate Confronts Reality” by Dooley, Swanepoel, and Abelson,
You know that the world of real estate is changing rapidly and that a lot of practitioners, as well as NAR, need to change their ways. Clients are not waiting for us to change; they will go ahead without us. We must therefore get with the program of change or be gone to make room for those that do change. Brokers in the future (which is now) won’t let archaic rules of NAR take away their earnings. Less earnings and strong competition will make the survivors in real estate, very resolute about the unfair practice of procuring cause actions.
Therefore, I call upon the forces of NAR to legislate the removal of procuring cause actions from our by-laws. Most Brokers will then insist upon Buyer Broker Agreements with buyer clients, to be entered into the MLS, as insurance of a paycheck for services rendered.
Yes, it is now time to abolish procuring cause availability for the good of all Realtors.
West USA Realty
Buying or selling your personal residence is a highly traumatic
experience for most people and in doing so myself, it is easy to see why folks can get highly upset. From the very high feeling they have when buying or selling to the point when they feel that “everyone” is against them, people from both sides of a transaction can experience several highs, lows and very suspicious feelings.
I handle complaints on a daily basis from these people and understand it well but my very own experience in this arena highlights all of it in a very empathetic way.
When you buy a home it is a very exultant feeling which may soon be followed by feelings of perhaps we were too hasty in this decision. Then the questions arrive in your mind as you wonder if “they” are going to “live up” to the contract.
A lady client of another Broker, called me recently because she wanted to lease back her house that my agent had sold to our client, until she could close on her newly purchased one. She had tried to make a deal with our agent and of course the agent called the buyer and the answer was NO. So, since she is very frustrated, she called me and explained that my agent is not handling things right and wanted to lodge a complaint against the agent. By the way, she is represented by another firm and has her own agent but chose to deal directly with our agent since hers was out of the country. I do understand her frustration since she now has to move twice but the only one she really has an issue with is the buyer who does not want to renegotiate the contract. She wanted to ask me some questions which I declined to do because she has her own Broker.
This is just one of the many frustrations of a real estate transaction. I try to keep these things in perspective as I respond to complaints by remembering that we all have these feelings that can turn very traumatic in some cases.
In my own case, my wife listed our home for sale and put a lock box on the door. I felt uneasy about that as many sellers do. Then came the SPDS! Geez, why do they want to know all of this 6 pages of stuff. Then we put flyers out by the sign and I believe all of the 490 people who live in this subdivision got one as they walked their dogs past here.
Next thing we did was to find a great deal and so we bought a house. And then before I knew it, we reduced our price by $15,000 and I realize that I am feeling what others must feel when they get anxious for action. I am wisely not blaming the agent since she is my wife.
Another facet of this great experience is making SURE that everything in the housekeeping division is perfect. For some folks with kids, dogs etc. it gets a little tricky and that is why they need some time before showings. Of course you will get agents that call and say they want to show in an hour—GREAT. So we hold up dinner and wait for 3 hours for a no show and no call to cancel. I do handle calls from these irritated sellers or their agents for this kind of indiscretion from one of my agents. Frustrating!
A lady called me recently that was almost wild with frustration and wanted me to assign another agent to her case since our agent was not taking care of business. I interviewed our agent and found that she had talked to the owner less than 24 hrs. previously. The agent was equally frustrated with the lender trying to get loan docs to the title company and had NO control over the situation. The client wants a different agent and places the blame for the lenders failure directly on the agent. Traumatic for the seller? Yes, and so I smooth the situation over and proceed with the transaction.
So we bought a house before selling! Upon moving, everything that could go wrong—did so.
We decided to install 700 sq. ft. of tile prior to moving in. Found a fellow that would do it in 2 days. Never happened and after 7 days I fired him. Got my daughter Robyn and husband Jim to finish it in 2 days. Ordered new furniture from Roomstore and had to send some it back 4 times. Bought furniture from Costco and it was broke—had to take it back and exchange it. Phone, internet and TV ordered from an outfit called Orbitel in Maricopa—sent it all back within 3 days and ordered from Qwest. Took us over 3 months to get internet service properly connected by Qwest. Tech service is in the Phillipines and they have no idea what we wanted. They were reading from a script. Our new refrigerator was broken and forgotten by the builder people—fixed after 3 months. Garage floor was painted before we moved in and not done right. Finally they came out and did nothing. Ordered 2 security doors for $2000—got one installed and the other was the wrong size. After a month, I cancelled them and ordered from another company. THEY installed it upside down. Came back and reinstalled—still not right. Had front and rear patios installed with a sidewalk around the house to the front, 3 months ago and it still is not dry. Had to put the arm on the builder for landscaping that was in the contract but NOT provided, finally got them to pony up. Even the title company could NOT get it right and so I went to another title company to complete the job. And on top of all of that, our empty former home sits unsold even as we lower the price another $40,000.
And so what do we have here? Probably a typical transaction!
So is it any wonder why buyers and sellers get gnarly and try to make YOU the scapegoat for all the problems they encounter?
Certainly no reason why they should but they do attempt to attack everything that you said or they thought during the time spent with them. Some day I will write about the sale of the former home.
OTHER BROKERS (
WUSA AGENTS—Have you noticed that we do not have these “requirements” for you to get from
Allright let’s get into this!
Brokers need to represent “their clients” and let the BUYERS brokers represent theirs! Just like lawyers, each broker serves their own client—Don’t allow your clients to sign away all their rights to the
So, we won’t get our client to sign their MOLD addendum for “their” benefit. Why? Because it is not part of the contract between the BUYER AND THE SELLER! Some companies are even sending over a form similar to our A-106 for our buyers to sign. NO, NO, NO! Stay away from our buyers!
I have seen
And here is one of the dumbest of all that I find agents allowing—giving the
Most irritating is the call I get from the
We are not doing it! So tell them no, and I really don’t care if they get paid or not—that’s their company position, not mine. If they worked here, they would not have these problems—soooo RECRUIT THEM.
Now in recapping this article, the requirements are the
In asking for signatures on these various papers for their broker, they are violating your agency arrangement with your client. On this side of the ledger, we get our A-106 signed, for OUR files, we furnish MOLD info the buyers to read, we have OUR agency agreement with the buyers which “is not” the OB’s business and we take care of our “OWN” client and not theirs. I wish they would do the same and back away from our clients.
And a really BIG NO NO is when the
In my opinion, the pursuit of signatures from our clients, is a violation of the code of ethics.
Bottom line: DON’T LET IT HAPPEN!