how can having your listing agent attorney engineer and younger all know each other have a problem

by Mr. Marco Turcotte 10 min read

Can a real estate agent give legal advice?

Nov 22, 2010 · A professional, trustworthy listing agent can be a huge asset for you when you're putting your house on the market. They can attract more buyers through marketing, show the house for you, screen buyers for credit worthiness and help you when it …

What should I look for in a listing agent?

For instance, you might have to disclose the age of the roof, the type of heating and cooling system you have, and other items relating to the condition of your property. Your listing agent should know about your state's requirements, and should provide you with the proper form(s) to fill out. 5. Taking pictures of your home for marketing purposes.

What are the legal risks of being a real estate agent?

Jan 29, 2021 · However, the real advantage of having a lawyer as your registered agent is the legal experience and knowledge they possess. While many other professionals, like an accountant, can fulfill the first two requirements without issue they probably will not know how to properly respond to a service of process.

Why use a listing agent when selling a house?

Engineers, in the fulfillment of their professional duties, shall: Hold paramount the safety, health, and welfare of the public. Perform services only in areas of their competence. Issue public statements only in an objective and truthful manner. Act for each employer or client as faithful agents or trustees.

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What should you not say to a listing agent?

Ross says there are three things you never need to disclose with your real estate agent:Your income. "Agents only need to know how much you are qualified to borrow. ... How much you have in the bank. "This is for your lender to know, not your real estate agent," he adds.Your personal and professional relationships.Oct 11, 2019

What is unethical conduct in real estate?

There are four principle ways in which agents cheat customers: failing to tell sellers of higher bids when lower bids provide the agents with more commission through mortgage and insurance needs; switching second bidders to other properties when buyers are in short supply; selling unnecessary insurance or the wrong ...May 30, 2019

How do I know if my realtor is doing a good job?

Below we discuss 3 signs that you have a good realtor:Communication. A good realtor has good communication skills. A realtor who communicates without flaws has the power to influence. ... Knowledgeable. Good agents possess market knowledge. The knowledge of the market makes them responsive and available. ... Resourcefulness.

Can a real estate agent represent two competing buyers on the same property?

Legally and ethically, it is possible for a real estate agent to represent two or more competing buyers on the same property. The real estate agent would have to disclose to all parties that there is a multiple representation situation. If you accept the disclosure, then you can proceed.

How do you deal with a dishonest real estate agent?

If you have a complaint against a licensed real estate agent or business, visit California DRE's website for details on How To File A Complaint, or call the California DRE Public Information Line at (877) 373-4542.

What is discriminatory misrepresentation in real estate?

brokerage and financing as the following. Discriminatory misrepresentation. An agent may not conceal available properties, represent that they are not for sale or rent, or change the sale terms for the purpose of discriminating.

Can I fire my realtor?

Although you can fire a real estate agent, breaking up isn't like switching dry cleaners. Because most agent–client relationships involve a written contract, you can't just walk away. In some cases, you may have to prove that the agent breached your contract.Mar 29, 2018

What does it mean when your realtor ignores you?

1:434:22The REAL Reason Your Realtor Ignores You - YouTubeYouTubeStart of suggested clipEnd of suggested clipSome filters are just lazy. They don't think of the phone or they're just busy. I don't have muchMoreSome filters are just lazy. They don't think of the phone or they're just busy. I don't have much meet with people were like that that yeah I may be obvious but what I do have peace with is Realtors.

What happens if you are not happy with your realtor?

If you find yourself in a situation where you are truly unhappy with your agent, it's best to contact the broker. “The broker may be able to resolve the issue between you and your agent or they may refer you to another agent within the company who can better serve your needs,” said Feldpausch.

What does it mean when a realtor leaves their card after a showing?

The card is left for the benefit of the listing agent, so he can see the other agents who have shown the property. This also provides an opportunity to follow up with said agent to get their reaction and the reaction of the client. The agent then will convey this information to the listing owner .

How do you negotiate with a dual agent?

Unfortunately, in a dual agency transaction, that isn't possible. There's no way that an agent can simultaneously negotiate the best possible deal for the buyer and the seller. They can't put the interests of one party over the other.Jun 8, 2021

What is dual agent?

A dual agent is an individual who acts as both the buyer's and seller's agent in a transaction. ... But unlike a dual agent, designated agents are two separate individuals representing the buyer or the seller. However, the designated agents may work for the same brokerage firm.May 12, 2021

What is the duty of a listing agent?

This obligation is called " fiduciary duty," and should keep your agent from interacting with buyers in a way that compromises your final sale price.

How long does a listing agreement last?

In fact, your initial listing agreement with an agent should only last a maximum of three months. If you haven't made a sale after that period, you can either renew the agreement, or find another agent.

Do you have to disclose information about a house to a buyer?

Many states require that homeowners disclose all material information about a house to a buyer prior to closing . Material information includes damage to the house and past repairs that will influence the final sales price. Since you have a legal obligation to eventually tell the buyer about those disclosures, there's no point in keeping it from your listing agent. However, information like a death that occurred on your property is a different story.

What to do if you don't want to hear offers?

It's good practice to make sure the listing agent knows that you want to hear any offer that they receive, no matter how small. You should even insist on hearing all offers in the language of your listing agreement. Unscrupulous agents who want to get a higher commission might not tell you about a low offer and instead hold out for a better one. Even a trustworthy agent might think they are acting in your best interest, and not bother to bring you low bid [source: Smart Money ]. Especially in a buyer's market, offers that seem low at first can become acceptable through negotiations and counter offers. Even if you end up rejecting those low offers, you should hear about them so that you can make educated decisions about whether you need to lower your listing price.

What happens when demand is low?

If demand is low, it will take more work to attract buyers, and you'll often have to settle for your initial price, or lower the price to attract buyers.

What are the responsibilities of a listing agent?

15 Responsibilities of a Listing Agent 1 Researching the local real estate market 2 Helping you determine the asking price 3 Helping you identify the key selling points 4 Giving you a property disclosure form 5 Taking pictures of your home for marketing 6 Adding your home to the MLS 7 Adding your home to Realtor.com and other sites 8 Placing a "For Sale" sign in your yard 9 Putting a lockbox on your door 10 Coordinating visits / showings with buyers 11 Making sure buyers have financing (e.g., pre-approval) 12 Holding an open house, if warranted 13 Presenting offers from buyers 14 Negotiating with buyers on your behalf 15 Attending the closing / settlement, if applicable

What is MLS for sale?

The Multiple Listing Service (MLS) is a database of homes that are for sale. It serves other functions as well, but this is the primary function you're concerned with as a seller. Home buyers gain access to the MLS through their real estate agents. So, if you want to put your listing in front of the largest possible audience, you need to put it on the MLS. This is another one of the core responsibilities for a listing agent. Your agent should add your home to the MLS as part of a broader marketing plan.

Who is responsible for accepting offers from potential buyers?

The real estate seller's agent is also responsible for accepting offers from potential buyers, and presenting those offers to the seller. More importantly, your agent should help you put the offer into perspective.

What is a lockbox?

The lockbox has been an essential real estate tool for decades, though they've gotten much more advanced over the years. Today, most lockboxes are electronic. The buyer's agent can use his or her smart phone to open the lock. Your house key goes inside the box.

What is the most important step in selling a house?

Pricing is the most important step when selling your house. Home staging and marketing area also important. But your success (or failure) will mostly come down to the price. This is also where a lot of homeowners make mistakes.

Do buyers notice the size of a house?

Buyers will spot some of the good points in your house. They will notice the size, the location, and the general layout of the home. But it certainly doesn't hurt to point some things out for them -- especially when those features might be missed at first glance.

What is the most popular real estate website?

Realtor.com is the most popular real estate listing websites online today. Each day, hundreds of thousands of people use this website to view homes for sale. As a marketer, you want to go "where the eyeballs are" -- and you can rest assured they're on this website.

What is a Registered Agent?

When you form an LLC or Corporation in the state of Florida you are required to designate an individual or legal entity that will accept legal documents and notifications, such as an appropriate notice of a lawsuit, on behalf of your business. This designated individual or legal entity is the registered agent for your business.

Who Can be a Registered Agent?

Registered agents can be part of the organization they represent, or an individual/entity separate from your business. However, while an individual from your own business may be designated as it’s registered agent, the entity itself cannot be its own registered agent.

Requirements of a Registered Agent

In order for an entity or individual to be a registered agent for a business in Florida, they must first meet some requirements.

Why a Lawyer Should be Your Registered Agent

With these requirements in mind, we can now examine why lawyers are preferred to be registered agents. Lawyers will have physical offices within the state of Florida and often operate within normal business hours, meaning 9-5 office hours. This also means that lawyers can be easily reached by any party looking to take legal action.

What is POA in law?

By Jeffry Olson, J.D. A power of attorney (POA) allows one person, the agent, to act on behalf of another person, the principal. Each state has its own laws governing powers of attorney. In general, most states allow multiple agents to act together.

When does a power of attorney end?

A power of attorney typically ends when the principal becomes incapacitated. However, a durable power of attorney survives the incapacitation of the principal. This allows the agent to continue making financial decisions, such as paying bills, on behalf of the principal even after they are incapacitated. A principal must consider the purpose of the ...

Can a principal grant a power of attorney to multiple agents?

A principal may grant power of attorney to multiple agents, either concurrently or jointly. Concurrent agents can act independently. Each agent has complete authority granted in the POA document. This may be a convenient way to accomplish the principal's goals.

What is a POA in real estate?

A general POA is very broad, allowing the agent to make a wide variety of financial decisions on behalf of the principal. A limited POA is much more specific, often allowing the agent to act only for a certain transaction, such as a real estate closing or to access a certain financial account. A power of attorney typically ends when ...

What is joint agent?

Joint agents must act together, making all decisions jointly. This requires the agents to agree before taking any action. The power of joint agents to act independently is limited. This provides the principal additional protection from a poor decision made by one of the joint agents.

What is the importance of engineering?

Engineering has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness, and equity, and must be dedicated to the protection of the public health, safety, and welfare.

Can engineers falsify their qualifications?

Engineers shall not falsify their qualifications or permit misrepresentation of their or their associates' qualifications. They shall not misrepresent or exaggerate their responsibility in or for the subject matter of prior assignments.

What are the duties of an engineer?

Engineers, in the fulfillment of their professional duties, shall: Hold paramount the safety, health, and welfare of the public. Perform services only in areas of their competence. Issue public statements only in an objective and truthful manner. Act for each employer or client as faithful agents or trustees.

Can an engineer injure someone?

Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action.

What are the rules of practice for engineers?

Rules of Practice. Engineers shall hold paramount the safety, health, and welfare of the public. If engineers' judgment is overruled under circumstances that endanger life or property, they shall notify their employer or client and such other authority as may be appropriate.

Can an engineer review work of another engineer?

Engineers in private practice shall not review the work of another engineer for the same client, except with the knowledge of such engineer, or unless the connection of such engineer with the work has been terminated.

What are professional obligations for engineers?

Professional Obligations. Engineers shall be guided in all their relations by the highest standards of honesty and integrity. Engineers shall acknowledge their errors and shall not distort or alter the facts. Engineers shall advise their clients or employers when they believe a project will not be successful.

What is the key to selling a home?

Negotiation skills are key when it comes to buying and selling a home. After all, your Realtor represents you and should therefore be able to represent your needs and desires clearly and accurately when handling this very important transaction.

Is it wrong to hire a realtor?

Nothing’s wrong with hiring a new Realtor. After all, newbies often bring a fresh perspective to the table. If the new real estate agent is hardworking, dedicated and knowledgeable of the market, then you probably won’t have any issues – especially if they work for a reputable broker. However, if the Realtor doesn’t have a particularly good understanding of the local housing market and lacks critical negotiation and paperwork skills, you have a problem. When hiring a Realtor, who also happens to be new to the job, make sure they are capable of handling the task.

Why do people use powers of attorney?

People also use powers of attorney for purposes other than estate planning, such as giving someone else authority to sign for them at a real estate closing.

What is a power of attorney?

Power of attorney allows a trusted family member, friend, or professional (called an attorney-in-fact or agent) to handle financial matters for the person granting the power.

Do you need to name an attorney in fact?

When you create a power of attorney, you need to name one or more attorneys-in-fact. Your attorney (s)-in-fact have whatever powers you authorize and can be any competent adult (s). However, because the document is potentially dangerous in the wrong hands, it is important to name a family member, friend, or professional that you trust. In short, you should believe your named agent will act in your best interest and honor your wishes at all times.

Can an adult child be an attorney in fact?

Naming an adult child as your attorney-in-fact may be the most logical choice. However, consider whether doing so could create or exacerbate rivalry between that child and their siblings. In most cases, an adult child who has power of attorney cannot use power of attorney to limit others' access to their parent.

Why is data security important in real estate?

Data security is becoming an increasingly important issue in every sector. Because real estate agents collect sensitive information from their clients and can be held liable if it gets stolen, it’s especially important that real estate agents stay on top of data security.

What is breach of contract?

Breach of contract. Contracts are a frequent source of legal trouble for real estate agents. Clients may take legal action if they believe the agent did not follow the terms in the contract. Breach of contract claims often come in conjunction with another sort of challenge. Inman Connect.

Can real estate agents get sued?

For these reasons, real estate agents are especially susceptible to getting sued (or getting involved in other sorts of legal trouble). Even small slip-ups could potentially lead to problems. To protect against these legal risks, agents need to be meticulous in their work and up to date on all relevant laws.

Why are antitrust laws important?

Antitrust laws are designed to protect competition from monopolies and other agreements that could impede trade. Although there’s plenty of competition in the real estate space, agents also often cooperate with each other and act as subagents, facilitators or buyers’ representatives.

What is breach of duty in real estate?

Breach of duty. Breach of duty is one of the most common legal challenges brought against real estate agents. It essentially claims the agent did not act in the client’s best interest as they are required to do. A breach of duty can result from negligence or deliberate actions.

Can a real estate agent sue you for negligence?

People do not have to claim that their real estate agent purposely wronged them to take legal action. They could also sue on the grounds of negligence, which means an agent has failed to take reasonable measures to protect his or her clients.

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Understanding Power of Attorney

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A power of attorney may be either general or limited. A general POA is very broad, allowing the agent to make a wide variety of financial decisions on behalf of the principal. A limited POA is much more specific, often allowing the agent to act only for a certain transaction, such as a real estate closing or to access a certain finan…
See more on info.legalzoom.com

The Scope of Durable vs. Nondurable Powers of Attorney

Considerations When Naming An Attorney-In-Fact