Tuesday, November 01, 2005

The Golden Rule in Real Estate

I was just thinking about a situation that came up recently, and wanted to write a little bit about how I think the golden rule applies in real estate. And no, I'm not talking about that golden rule that says, "he who has the gold makes the rules," but rather, the one that says you should do unto others as you would have others do unto you.

Every real estate agent out there, no matter what company they work for, has the ability to pretty much decide how they are going to do business. Obviously, we all have to obey the law, but within the law, there is a lot of grey area. There are things you can do that are legal, but may not be ethical or proper.

For instance, is it ethical to undertake an action that serves your own client well, but basically "screws" the person on the other side of the table?

For instance, say you are working with an out-of-town investor client who wants to buy a property. Maybe this investor doesn't even come to town to see the properties before making offers. Maybe their agent simply selects three of the best, then the buyer makes offers that are subject to inspection on all three, and no disclosure is made that this is the case. After inspection, the buyer rescinds two of the three offers, selecting only the house that is in need of the least repairs.

Smart, right? But what about working in good faith?

When this is a buyer's strategy, the seller usually doesn't know about it, and then when the inspection is disapproved and the transaction terminated, they now have a house that is less marketable because other agents all know that this is a house where something went haywire during inspection. It's a pretty crappy thing to do to a seller who is working in good faith and would have been willing to make the repairs. It could end up costing them thousands of dollars.

As the buyer's agent, maybe your thinking is that the only person that matters here is your own client. But remember that under the Washington Law of Agency we are required as agents to act in good faith towards all parties. This isn't to say that an agent can't still be a tough negotiator, and get a great deal for their client...neither of those things is precluded by acting n good faith.

I guess the way I look at these things is, if I wouldn't want to have someone do something to me, I'm not going to say it's okay to do it just because it's good for business.

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