Real Estate Articles & Blog - Don Dunning
Menu
  • Home
  • East Bay Realty Pro
  • Expert Witness
  • Hourly Consulting
  • About Don
  • Contact Don
  • Home
  • East Bay Realty Pro
  • Expert Witness
  • Hourly Consulting
  • About Don
  • Contact Don

Does your agent represent you with utmost care?


By Don Dunning | November 25, 2016

Originally appeared in Bay Area News Group publications on November 25, 2016

You should carefully read all agreements to assure they adequately express your understanding of the transaction.
– Agency disclosure form

California real estate licensees have a fiduciary duty to act in their client’s best interests. Despite that, many agents, including those who do a substantial amount of business, will not be able to tell you their four basic duties per California Civil Code Section 2079. These include integrity, honesty and loyalty. Notably, first on the list is utmost care and I observe the absence of this duty in case after case as a Bay Area and Northern California real estate expert witness.

Asking/offer price

I have lost track of the number of times, as a listing agent, I have seen buyers’ agents submit contracts, when there are multiple offers, without ever checking with me about how many other offers their buyer is competing against. It is sad that you can pay tens of thousands of dollars more than you had to because your agent not only failed to use utmost care, but, rather, used no care.

Conversely, I have represented buyers in sales where listing agents were negligent. Not long ago, I wrote an all-cash, quick close offer for my buyer on a property that had other offers. After reviewing comparable sales, my buyer made a bid well above asking price. Based on the strength and cleanliness of her contract, it was reasonable for us to expect a counteroffer even if another offer was higher, but had a financing contingency.

I was surprised when the listing agent called and said the seller was going to accept another contract and wanted to know if my buyer wanted to be in back-up position. When I asked why there had not been a counteroffer, I was told the agent assumed (mistakenly) my buyer would not raise her offer to a certain price. After much discussion, my buyer received and accepted the counteroffer and closed the escrow. In this case, it is doubtful the seller knew that her agent did not take all the relevant steps and was careless in initially recommending the weaker offer.

Contracts

The average buyer does not have the expertise, time or patience to review each contract clause to understand how it can impact him. Typically, buyers believe their agent will make sure to properly handle this important document and prepare it in a way that is best for the buyer. This is often an erroneous assumption.

A common contract practice is also one of the most deleterious in our continuing seller’s market. Specifically, I am referencing how contract contingencies are taken too lightly. Contingencies are conditions that must be fulfilled for the contract to continue. They protect the buyer and, when used correctly, allow him to withdraw from the purchase without penalty. Examples are appraisal, financing, inspection and document approval.

When multiple offers occur, many agents routinely write contracts that omit all contingencies. Some tell their buyer that offers with contingencies will probably not be accepted, but the real estate salesperson may fail to explain in detail risks the buyer is taking by not having contingencies. Competent agents make sure their buyers are clear on the gamble.

Contingency-free contracts are extremely dangerous for buyers because they waive protections they may later discover were needed. For example, I have seen many scenarios where the buyer who did not have inspections finds after close the property needs extensive repair work that was never disclosed to him. If the buyer needs a loan and does not get it, his lack of a financing contingency could cost him his deposit or possibly much more if the seller was financially damaged when escrow did not close.

Sellers can also be harmed when their agent does not make sure to highlight detrimental or questionable contract clauses. Never take for granted that your agent has used utmost care with the contract.

Condition

It does not make sense for a buyer to pay as much for a home with serious, expensive problems as he would for one without these issues, yet this happens frequently because the buyer did not understand what he was buying and his agent did not help him explore the repair costs. These deficiencies may include drainage, foundation, pest control, sewer lateral, framing and roof. Electrical, heating and plumbing tend to cost less, but, at times, can be significant.

Part of the buyer’s agent’s job is to assist the buyer in quantifying fix-up costs, with bids from tradespeople, plus give the buyer an idea of how much updating might involve. Too many agents fail to carefully outline this for their buyers.

Listing agents need to be equally careful in assessing the property’s condition in order to adequately advise the seller on the asking price. Customarily, this involves a pest control inspection and a pre-sale general home inspection. Many listing agents, however, skip this second, crucial inspection.

Without fully verifying condition prior to pricing and marketing, sellers’ agents set up the unenviable possibility that the buyer, after his own inspections, will request a large price reduction or credit for problems the seller never knew existed. Sellers, appropriately, tend to get very upset when this happens.

Final thoughts

The rarely considered question buyers and sellers should ask themselves before committing to a particular licensee is, “Do I know if this agent is simply an order-taker or someone who will do the right thing and use utmost care in representing me?” The answer can be the difference between a successful transaction and years of grief and frustration.

Related Articles:

Does Your Agent Stand in Your Shoes?

Leave a Reply Cancel reply

You must be logged in to post a comment.

Categories


  • Adding Value – Gardening/Landscaping/Renovations (29)
  • Alameda (2)
  • Around the House (20)
  • Carmel (1)
  • Community (43)
  • Condos (2)
  • Environment (27)
  • Events (13)
  • Expert Witness (7)
  • General Information (23)
  • Going Green (14)
  • History (13)
  • Home Maintenance (15)
  • Homeless (1)
  • Homes for Sale (8)
  • Hourly Consulting (10)
  • Local Attractions (24)
  • Mortgages-Loans (9)
  • New Orleans (1)
  • Oakland Neighborhoods (27)
  • Oh, Please (7)
  • Parks (1)
  • Pets (4)
  • Real Estate (285)
  • Real Estate Advice (109)
  • Real Estate in the News (77)
  • Real Estate Newspaper Articles (164)
  • Restaurants (3)
  • Rockridge (1)
  • Shops (6)
  • Technology (1)
  • The Economy (48)
  • Travel (3)

Tags


Buying Buying a home California unemployment Choosing an agent City Ordinance Cohousing Communal Housing construction data mining Dimond East Bay Events Expert Witness gardening green living Historical Sites home inspections Home Loans home maintenance lead paint legislation Mortgages multiple offers Newspaper article Oakland Oaktoberfest Oktoberfest Online real estate organic Pets Points of Interest Real Estate Advice Real Estate Law real estate news renovation Rockridge schools Selling a Home shopping social networking Tax Credit Technology termites The Economy Travel

Archives


  • May 2017
  • February 2017
  • November 2016
  • September 2016
  • July 2016
  • June 2016
  • April 2016
  • March 2016
  • January 2016
  • October 2015
  • August 2015
  • July 2015
  • May 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • August 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • January 2014
  • December 2013
  • November 2013
  • September 2013
  • August 2013
  • July 2013
  • May 2013
  • April 2013
  • March 2013
  • January 2013
  • December 2012
  • October 2012
  • September 2012
  • August 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • July 2011
  • June 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • January 2008
  • November 2007
  • October 2007
  • August 2007
  • July 2007
  • June 2007
  • April 2007
  • March 2007
  • February 2007
  • December 2006
  • November 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006
  • March 2006
  • February 2006
  • January 2006
  • December 2005
  • October 2005
  • August 2005
  • July 2005
  • June 2005
  • May 2005
  • April 2005
  • March 2005
  • January 2005
  • December 2004
  • October 2004
  • September 2004
  • August 2004
  • July 2004
  • May 2004
  • April 2004
  • March 2004
  • February 2004
  • January 2004
  • December 2003
  • November 2003
  • September 2003
  • August 2003
  • July 2003
  • June 2003
  • April 2003
  • March 2003
  • February 2003
  • January 2003
  • November 2002
  • October 2002
  • September 2002
  • August 2002
  • July 2002
  • June 2002
  • May 2002
  • April 2002
  • January 2002
  • November 2001
  • October 2001
  • September 2001
  • August 2001
  • July 2001
  • June 2001
  • May 2001
  • April 2001
  • February 2001
  • January 2001
  • November 2000
  • October 2000
  • September 2000
  • August 2000
  • July 2000
  • June 2000
  • May 2000
  • March 2000
  • February 2000
  • January 2000
  • November 1999
  • August 1999
  • July 1999
  • May 1999
  • April 1999
  • March 1999
  • January 1999
  • October 1998
  • September 1998
  • July 1998
  • June 1998
  • February 1998
  • November 1997
  • October 1996
  • May 1996
  • August 1995
  • July 1995

Copyright © 2018 Don Dunning - Bureau of Real Estate Lic. #00768985

Theme created by PWT. Powered by WordPress.org