Are you a Vulcan?? Do you have MIND-MELD ability?

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

Are you a Vulcan??  Do you have MIND-MELD ability? 

DO YOU REALLY KNOW WHAT YOUR CLIENT THINKS??

Gail Robinson offers good advice in this discussion about real estate agents making decisions FOR their buyer or seller clients.  See:

Real Estate Agents Are Just That...Agents, Not Decision Makers

 

Over the years, I've witnessed agents and brokers who not only THINK and SPEAK for their buyer or seller clients, I've even met a few who actually SIGNED for their buyer or seller clients.

Signing for a buyer or seller client is clearly illegal and, once observed, we can never trust anything those agents/brokers did when they represented a buyer or seller client in transaction negotiations or contract management 

I was speaking with a broker about an addendum we had prepared that needed a seller's signature.  I faxed it to the broker and BAM, it came back to me in about 45 seconds all signed in the seller's signature block.

Although the property was an hour away from the broker's office, I ASSUMED that the seller was in the broker's office and signed on the spot.  I called the broker and thanked her for the quick signature since the document was a price reduction pursuant to a low appraisal.  I remember it vividly:

Lenn said:  "WOW!  That was quick.  Thank the seller for me for driving to your office to sign."

Seller's Broker said: "Oh, she didn't sign it.  I signed it for her."

Lenn said:  "Well, if you have a Power of Attorney, don't you want to add that to the signature?"

Seller's Broker said:  "I don't need a Power of Attorney.  I represent the Seller in the listing agreement.  I can sign for her."

That document meant that the Seller agreed to a reduction in the sale price of $6,000 based on the appraisal report. Agent with blinders

 

WHAT DO YOU THINK????

WHAT WOULD YOU DO????

 

 

Courtesy, Lenn Harley, Broker, Homefinders.com, Serving home buyers in Maryland and Northern Virginia, 800-711-7988.

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Topic:
Real Estate Sales and Marketing
Groups:
Best Practices
Tags:
seller representation
buyer representation

Comments 18 New Comment

Ambassador
2,275,251
Lenn Harley
Real Estate Broker - Virginia & Maryland
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate

Jay.  No question about it. 

It was asked at a CE meeting one time and the attorney giving the class said "Forgery".

Not pretty. 

You can bet I was on my toes until that thing settled.  I wouldn't trust that broker for ANYTHING.

April 28, 2012 03:23 PM
Rainmaker
945,288
Karen Fiddler, Broker/Realtor
(949)510-2395
HOM Sotheby's Intl Realty, 949-510-2395

The only thing that we can "sign" for is the reciept of an accepted offer, as the client's representative. I would get the seller's signature, even if it was only by esignature. 

April 28, 2012 03:54 PM
Ambassador
2,275,251
Lenn Harley
Real Estate Broker - Virginia & Maryland
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate

Karen.  She didn't have the capability for electronic sig. 

The buyer would have had to drive an hour to her office or she or the agent drive an hour to the buyer. 

She was a managing broker. 

She just stood her ground and said she had the right to do it.  I consulted with my attorney, documented and made sure the title attorney got the appraisal addendum signed.

April 28, 2012 04:06 PM
Rainmaker
481,695
Jill Sackler
Long Island's South Shore Real Estate Agent
Charles Rutenberg Realty Inc. "Said and Done!"

I'm really hearing about this a lot lately - agents signing for their clients. Is this new?

April 28, 2012 07:03 PM
Ambassador
2,275,251
Lenn Harley
Real Estate Broker - Virginia & Maryland
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate

Jill.  It's old enough for agents to have been prosecuted, fined, etc., when they are CAUGHT. 

I doubt that it's more common, just better publicized.

April 29, 2012 03:25 AM
Ambassador
2,275,251

Lenn Harley

Real Estate Broker - Virginia & Maryland
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