Happy Friday Red Rock Agents,
It has been a few weeks since I have done Broker Bits. You can blame that on Covid-19 as I don’t have particularly good internet in Diamond Valley. I have recovered and doing fine but it’s an interesting virus with many side effects. Unfortunately becoming better looking is not one of them. LOL That was for the agents that read this. The business continued and I addressed more than a few issues I want to share with you, so let’s start.
I want to remind all agents that any lease agreements must be agreed to outside of the contract as per section 3.3 of the REPC. I know that it’s easy to just put terms on an addendum, but please follow the contract guidelines. After all, we expect our clients to follow that contract, so should we.
I have had issues with agents outside of our office that feel like they can just leave a property active on the market when it’s actuality under contract. Just a reminder that the only way you can leave a property active is “Active Contingent” once you have an accepted contract. The only time you can have it active contingent is if the “Time Clause” is in place. No other time by the MLS rules can you have the listing active after you have an accepted contract. If you have questions, please call.
Please be aware if the property has 2 refrigerators and the buyer wants both in the transaction, spell it out in the contract. Something like this “Both refrigerators located one in the kitchen and the other in the garage or basement will be included in the sale of the property”. Just because the contract shows as possibly plural make sure that buyer and seller have a clear understanding. It’s our responsibility to make sure it’s clear. I have had agents get to purchase different appliances because they failed to make it clear in the contract. I call that tuition in the school of real estate, it’s a reminder so you’ll never make that mistake again. Please don’t learn the hard way.
This is a new one that I have been reminded of. If you have an unrepresented buyer, please don’t fill the REPC out on their behalf or send DocuSign out for signatures. If the buyer wants to be unrepresented then that is exactly what they are. As soon as you put pen to paper on their behalf you have formed an implied agency. The debate is this “Did you as an agent for the seller fill out any forms for the buyer”? Now I understand that buyers want to be unrepresented, but not really. They will often ask you the “seller’s” agent your opinion, and if you give it to them, you’re now on the hook if anything goes wrong. I’m sure you can see the mess it could cause with the seller if you represent or give advice to the buyer in any way. If the buyer wants to be unrepresented then let them with no help from you. Our duty is to the people we have a signed representation form with, and no one else. I know that this will be hard for you, as agents are helpful people, but I warn you it can lead to big issues.
I also want all agents to be aware that we have a new FHA/VA Addendum form from the UAR. Some of you may already know this but I’m also sure that some of you don’t. It is in transition mode now so if you have used the old one it’s ok. In the future it will be mandatory to use the new one in January 2021.
As a brokerage we have in the past supported Toys for Tots and will continue to do so this year. With Covid-19 it will take on a different look. If you would like to donate, please do so with cash or check. If you want to bring a check into the office and make it out to Red Rock Real Estate or cash, we can give you a receipt. Toys for tots would like just one check from the brokerage for their convenience. If you have questions, please ask me or Allen.
Lastly, I missed this year's Thanksgiving message so here it comes. All the owners and staff are indeed thankful for each of you, our great agents. Without all of you we would be much less than we are today. Mainly because we wouldn’t be interacting with such good people. Our job would be less without all of you if we had a job at all. So, with that said we are so very thankful for each of you and the joy and light you bring to the office, and our lives. Bring on Christmas and the surprises it will bring.
Please have a great weekend and be safe out there,