One of the first rules of real estate should be, “You’re a Realtor, not a lawyer.” Yet I don’t recall anyone making a point to say that.
Every Jurisdiction is Different
There are some states and jurisdictions that use licensed lawyers to negotiate the terms and conditions for their respective buyers and sellers. The Realtor is responsible for helping the buyer find the right place or helping the seller sale their property. Once the house is found, the client is handed over to a lawyer to write and negotiate the offer.
Other jurisdictions require the Realtor to write and negotiate the offer on behalf of their client.
If you are in a jurisdiction where you negotiate on behalf of your client, be careful to stay in your lane.
Know the Contract
You should know the contract inside and out. That may sound like common sense, but it’s surprising how many real estate agents don’t know what’s in the contract.
You know they don’t know the contract because when you’re in the middle of a transaction with them, they try to tell you incorrect information. They usually quote what was in the contract ten years ago about what your client can and can’t do.
When the agent doesn’t know the contract, it’s highly unlikely that their client will know the contract. Although buying and selling a house is a huge financial decision, it’s incredible how many people don’t read the contract.
Once the transaction starts heading south, then everyone starts reading. By then the damage has already been done.
Contracts are constantly revised. Make sure you stay on top of those changes. Thankfully, many jurisdictions require a course on contracts as part of their Continuing Education requirements.
Don’t Write Your Own Language
Virtually everything that can happen in a real estate transaction is covered in the contract or an accompanying Addendum. In my jurisdiction our Addenda covers everything from Sale of Home Contingency to Pre-Settlement Occupancy to delayed HVAC inspection.
Check with your Association to see if they have what you are looking for.
You are not a lawyer, so don’t try and write your own language. If the situation you are dealing with is so unique, talk to your broker and have them draft the language.
You May Be a Real Lawyer
There are many real estate agents who were lawyers in a past life. Although it may be tempting, don’t forget you are no longer allowed to practice law.
You are now a Realtor. You cannot give ANY legal advice.
The natural inclination of Realtors is to solve issues. It’s what we do.
However, when it comes to the contract, it’s important for us to step back and stay in our lane. If a client has a question or issue that is more complex than you are comfortable with, you need to refer them to a real estate attorney.
Gracefully let them know that you are unable to assist them and that they need to speak with an attorney. By doing so you save yourself from giving misinformation or misleading your client.
The Buck Stops Here
Remember, real estates are an easy target. When something goes wrong with the transaction or with the house, the finger gets pointed at us.
We are the most visable person in the transaction, therefore the easiest to blame.
It’s great to be helpful, but you don’t want to end up in court for giving inaccurate advice or worse, practicing law.
Are you tired of having difficult transactions?
Enjoy less stress by having smoother transactions by implementing these simple strategies today!
Sign up today for my Free Email Course, 5 Things Every New Real Estate Agent Needs to Know.
Start building your real estate business on a solid foundation. Click here to get started.
Get Real-Life Training and Awesome Results With Real-Life Real Estate Training
- Have you struggled turning contacts into clients?
- Are you working hard, but hardly making any money?
- Are you beginning to think you made a bad career choice?
If you answered “yes” to any of these questions you are in the right place!
Sign up for my FREE email course, 5 Things Every New Real Estate Agent Needs to Know to start building your real estate business on a solid foundation. Click here to get started!
To learn what it takes to be a successful real estate agent or to get your real estate business back on track, check out Candy’s new book,
“The Reality of Real Estate – The Essential Guide to Planning, Managing and Growing Your Real Estate Business.”
Candy, “The Real-Life Realtor”, coaches, mentors and trains new and experienced real estate agents to transform their business by mastering her proven systems for success.
In 2016, Inman News named Candy Miles-Crocker as one of the Top 25 Real Estate coaches in the United States.
She is a firm believer in managing expectations.
Her goal is to elevate the perception of real estate agents among the general public through education so every client has an amazing real estate experience.
Candy’s unique training methods have shown agents what it takes to be successful!
Learn more about her training program at www.RLRETraining.com or send her an email at Candy@RLRETraining.com.
Let’s Go to Work!
As an active Realtor licensed in three jurisdictions, I approach real estate training from a different perspective. With over 18 years in the real estate business, I teach agents what it’s really like to be a real estate agent.