Miriam Baer, the Executive Director of the N.C. Real Estate Commission, has seen it all.
There was the REALTOR® who was using a vacant listed home for romantic get-togethers.
There was the time a material defect was never disclosed even as five successive potential buyers obtained inspections and walked away as a result.
And then there was the time a buyer got unauthorized access into the home before it
closed, installed a heart-shaped tub and painted the bathroom a hideous color – only to
see the sale not go through.
Certainly, such wild cases are few and far between. But when Baer offers tips for
resolving an issue or handling a tough situation, REALTORS® listen.
In a presentation to LOTSAR members on December 18, she provided a wealth of
information, offering tips that are important to know if REALTORS® want to avoid
problematic issues, or if they have complaints lodged against them with the
Commission.
First, two interesting facts:
- The top topics for complaints to the Commission are these: not disclosing
material facts; unauthorized entry to a property; misuse of funds; criminal
convictions/disciplinary actions; and lack of professionalism/manners. - Common misrepresentations of material facts tend to pertain to square footage,
number of bedrooms, water/sewer, and the age of components like the HVAC
system or roof.
And, here are seven helpful tips from Baer:
- Complaints are relatively rare, but they should always be taken seriously.
The Commission receives about 1,400 complaints a year, which may seem
relatively small when you consider there are more than 100,000 brokers in the
state. “Still, it’s a big deal if you are the subject of a complaint,” Baer said. - Keep your contact information up to date.
If you are sent a letter of inquiry, you are required to respond within 14 days. If
you don’t, the matter may move into the audit/investigation category, so make sure
your email address on file is up to date. If you need more time to respond, the
Commission will usually work with you, but you have to let them know. - Verify everything you can when you are doing a listing, and disclose what
you weren’t able to find out.
Don’t make guesses, and don’t pretend you know something when you don’t.
- Beware of fraudulent transactions involving a fake deed supplied by the
“seller.”
Fraudsters often target vacant land or vacant homes. It’s critical that you verify
the identity of the seller – beware of out-of-so-called “sellers” who want a quick sale.
In one case the Commission handled, the broker asked the purported sellers to
send IDs, but they never did. Then the sale went through and the fake sellers
were long gone. - If a case involving you is moving forward, it’s a good idea to hire a lawyer.
“It’s better for us as a Commission if the other side has a lawyer, because it takes
the emotion out of the situation,” Baer said. “Also, know that you don’t
necessarily have to take the first offer you are given – you can show more facts
or offer another option.” - If you’ve made a mistake, own up to it.
The case will likely have a much better resolution for you if you talk about what you
have learned, and how you have tried to correct the mistake. - Good manners can help you in many difficult day-to-day situations.
“People will push your buttons in this business, but it’s best to grit your teeth and
smile,” Baer said. “Yell in your car if you have to, where no one can hear you.”
The N.C. Real Estate Commission encourages REALTORS® to stay updated on state
rules by going on the Commission’s website to sign up for notices of rulemaking, its social media
channels and e-newsletters. The website also has a helpful FAQ section, along with a
form you can use to submit questions.
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