Avoid Dual Agency Pitfalls and The Pitfalls of South Georgia Dual Agency!

Thomasville, Georgia is a small town, just because most of them speak with a country accent that makes them look so friendly, but please do not fall for their cheap accent. Sorry but I will call it as it is they are scumbags and believe me or not most are females, not to say they are not males because they are. These so called "Realtors" will sale a wheelchair right from under a disabled person and not even think about it twice, but on the weekend they are at church asking for forgiveness and then they are back Monday morning screwing people over again.

These lowlife are very aware of what goes on in this small town because most of them have lived in this town all of their lives and if your part of that lowlife group of "Realtors" which they all are aware of these bad lots and that trying to build a home on these bad lots will devalue the home, and when I say bad area, I mean "flood zone" in a flood zone you will pay a lot more then a regular lot for insurance. A "sinkholes" this is when you get so much rain that the land create a sinkhole. Now on hwy 19 in Thomasville, we have a subdivision that had a few sinkholes and this area has been on the news and with the stigma of this subdivision you will never sell your home, unless your local “lowlife “Realtor” works it out for the commission with another local lowlife “Realtor” to screw over a new buyer from out of town that is not aware of this subdivision stigma.

I was contacted by a nice couple that was looking for a piece of land to build their custom family home and they were not from here, they contacted a local lowlife “Realtor” and this lowlife “Realtor” wanted to sell them a lot and it was not even listed on the local MLS, so when a property or lot, land is not listed on the local MLS is because of a 2 reasons. 

1) It is a friend of this lowlife “Realtor” and they are aware of the problem with this lot or home and are trying to pass it along to a unknowing family. In a good scenario they would end up spending a fortune to build on the lot. worst scenario you would not be able to build on that lot. Now try to get your money back by re-listing the lot. The lowlife "Realtor" you get will tell you that you are going to have to drop the price that you paid because you paid to much for that lot or house. to pass it on to another sucker. "THIS SCENARIO HAPPENS EVERY DAY IN THIS TOWN WITH THESE LOCAL LOWLIFE "REALTORS" WITH HOMES AND LOTS."

2) Pocket listing, A pocket listing or hip pocket listing is a real estate industry term used in United States which denotes a property where a broker holds a signed listing agreement (or contract) with the seller, whether that be an "Exclusive Right to Sell" or "Exclusive Agency" agreement or contract, but where it is never advertised. In this town number 2 does not happen often. 

A few years ago we had a person building really cheap homes below minimum building code and to make a long store short this person built these homes all around the county and city and he is still building in Thomasville, GA., but these homes he build a few years ago were really badly built, now the listing lowlife “Realtor” knew that these homes were being built bad, but she did not give two S**ts. You see she was only interested in the commission. But you see all of these lowlife "Realtors knew that these homes were being built bad they all were more interested in the commission then looking out for their client the buyer. So in Thomasville, GA. And South Georgia these lowlife “Realtors” do not care about you the seller or buyers. They say that “Realtors” have a Code of Ethics, not if they are from South Georgia they do not.

I have been living in this town close to 20 years, and I have seen and heard of so mean unethical activities that are unbelievable. I am a Florida and Georgia Real Estate License holder and I would prefer to sell shoes then to activate my license with any of these so called real estate agents in South Georgia or Thomasville, GA.

Why would you think that they are so many “For Sale by owner signs”? in South Georgia. The first time we came to this town looking at properties we most of gone through a few of these lowlifes "Realtors", because they just wanted to show us first all of their personal listings and then their office listings. when we asked about the “For Sale by owner” they would answer with “I do not have any information on that property and if it is not listed there most be something wrong with it. 

A long time ago I had my Real Estate license activated in Florida and our broker told us to try and go get the listing from a 'For Sale by Owner" and if we could not get the listing if they would be interested in paying 3% if we bring them a buyer and 99% of the time they would say YES. If you are a true professional Realtor you would look at the "for sale by owner" as a potential home to sell. No, not these lowlife "Realtors" they think they are worth 6% commission for doing nothing. Remember in Georgia these lowlifes "Realtors" are dual agents which means they get the full 6% commission. 

Now do you think they deserve 6% commission for selling a home on square footage alone. You see they are so lazy that they do not care to learn anything new a home has or what is so special about a particular listing. I am sure you are aware of these show on TV that sale real estate like "million dollar listing of new York". You sell properties on the custom features a home has. It might be a cliche' but yes that's how real estate agents really work. Not look at a listing and say one has more square footage then the other because any monkey can do that for less than 6%. 

Now these lowlife scumbags ”Realtor” when it comes to "For Sale by owners" they will talk bad about the house, they will tell a potential buyer anything that they can come up with at any cost to avoid showing a "for sale by owner" You see these lowlife "Realtors" are even willing to cut each others throat because remember they get full commission of 6% when they sell their own listing that is what " Dual Agency" is. And also remember they are all trying to make as much money as possible. They do not care about you the buyer or seller they are all money hungry. 

they will not tell you how much your house is wroth they will just take the listing and list it, then after a while when you have no showing they come and tell you that you have to low your price, because remember the cheaper you list it the faster they make their full 6% commission and they will not have to split the commission. And in some occasions when they take a listing the seller has to full out a property disclosure and by law they are supposed to list anything wrong with the property. Now it is very interesting how these forms are filled out. If you're buying a home I would take a very good look at this form,  because you are going to tell me that you have lived in the house all of your life or had the house built, or lived in the house for a long time and you are going to check mark on "you are not aware of any issues. "YEAH RIGHT" this would be the recommendation of the lowlife "Realtor" 

Then of they see that your home has been listed by them and then take the listing from them to another office they will not show it and there excuse is that that house has been on the market for a long time so there must be something wrong with it.

“ to be continued I will be adding more to this blog. 

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Wouldn’t it be nice if life were clear-cut? Often in residential real estate it is: The most common legal arrangement in the business is for a listing agent from one company to represent the seller and a buyer’s agent from another company to represent the buyer in a transaction. The advantage to this scenario is that when negotiations arise or the parties are sending counteroffers back and forth, the two sides have a relatively balanced opportunity to obtain guidance and strategy from their own representative. But dual agency creates relationships with clients and customers that aren’t clear-cut.

For example, Rita Real Estate Broker is the listing agent holding an open house for her client, Sam Seller. Barb Buyer asks Rita details about the property during the open house, tells Rita she isn’t working with an agent, and asks Rita’s help in preparing an offer for Sam’s house. Rita has to stop, ask Barb if she’s asking for representation, and decide if she wants to enter into a dual agency relationship.

First Rita must resolve whether her state’s laws and her brokerage’s policies permit dual agency. Next, she must determine whether Sam Seller has agreed to let her act as a dual agent in the transaction and obtain his full, written consent to Rita’s new role. She must also disclose the limitations the dual agency will place on her ability to assist Barb and Sam. Only then will Rita have done everything necessary to create disclosed dual agency.

If she does enter into a disclosed dual agency relationship, Rita must observe her state’s dual agency laws, which probably require her to keep some types of information from each party confidential. In a dual agency relationship, Rita’s fiduciary duties to her clients are much more limited. She can no longer be an advocate for either party because each client has opposite goals.

Designated Dual Agency

Avoiding Dual Agency Traps

Dual agency relationships occur not only when one agent represents two parties but also when two agents from the same company represent two parties in the transaction. If Rita’s friend Alice Agent, who works out of a different office of the same brokerage Rita is affiliated with, comes to Rita’s open house with her buyer clients, Bill and Betty Buyers, and the Buyers later make an offer, once again, a dual agency relationship may be created.

In some states, there’s another option, designated dual agency. In these cases, the broker of Alice’s and Rita’s brokerage could designate one agent to represent the buyer-client and another to represent the seller-client. The broker would screen off some transaction information so that neither agent has access to the confidential information of the other party.

Although designated dual agency can work well, it poses the same general challenges as a typical dual agency arrangement. Designated agency still places significant responsibilities on each agent and on the brokerage to follow strict management policies to avoid compromising the integrity of the transaction.

In a few states — Colorado, Florida, and Kansas — dual agency is prohibited. This prohibition ensures that the real estate practitioner isn’t put in the difficult position of trying to satisfy both parties and risking that one or both parties may walk away feeling they didn’t receive the focused and thorough representation they expected. That dissatisfaction could lead to legal action, especially if there are problems with the transaction.

However, if dual agency is legal in your state and you want to make it a part of your business model, be sure to take these steps to ensure that both clients are treated fairly.

1. Review your state’s laws (consult with an attorney if necessary) to determine if dual agency is legal and what disclosures and procedures you must follow.

2. Review your brokerage company’s policy to see if dual agency is permitted and exactly what actions you as a dual agent may not perform for each party.

3. Disclose the dual agency and what it means to all clients in writing, and obtain their timely, written consent to the relationship. Be sure to explain how dual agency limits your ability to fully represent each party.

4. Review and discuss with your client any state-mandated agency disclosure forms. Some states also have statutory language that must be included in all dual agency agreements. Failing to properly disclose dual agency is illegal.

5. Recommend that both parties retain attorneys to advise them regarding the purchase agreement, contingencies, price, earnest money, or other negotiated issues. This can be a win-win for all parties involved since the client will be adequately represented and the attorneys’ participation will take pressure and liability off of the sales associate.

If you’re careful in informing all parties about the requirements of a dual agency relationship, acting as an agent for both can be a viable way to close deals. Just don’t let your desire to get the deal done lead you to inadvertently overstep the limitations dual agency imposes.

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WE ARE THE BEST BUILDERS BY FAR IN GEORGIA AND NORTH FLORIDA

What is Your HERS Score?

At CHB Homes tremendous efforts go into making our homes energy efficient and we are extremely pleased with our HERS rating scores. The HERS rating score has helped us become the premier Green Builder in the Georgia and North Florida area for new custom homes. The HERS rating score is mentioned and utilized throughout our planning/design and construction processes, so for those of you who may not know what a HERS score is we have provided more details below.

The RESNET HERS Index is the industry standard by which a home’s energy efficiency is measured. The HERS or Home Energy Rating System was developed by RESNET and is the nationally recognized system for inspecting and calculating a home’s energy performance. Certified RESNET Home Energy Raters conduct inspections to verify a home’s energy performance. Tests include verification of density of insulation, vapor & air barriers, blower door tests (to check the house leakage), duct system performance testing, and many others.

A code built home has a HERS score of 100. CHB Homes new custom built homes have been averaging HERS scores in the low 50’s, which means our homes are typically 40%+ more efficient than a code built home.

Our new build home scored a 49, meaning an overall $2,965 savings annually for our clients. It also means a tighter sealed home with less draft during uneven temperatures, therefore simply more comfortable overall.

RESNET explains a HERS score in the 40’s  is a very good score indeed! RESNET states a builder has done a lot of the right things to make this home more energy efficient, like using energy efficient lighting systems and installing efficient heating and cooling equipment.

Do you know what your HERS score is?

Georgia first and only Builder building HERS Rated homes with Score of 54!

We are the only builder in South Georgia and North Florida building HERS Rated homes with a score of 54 this puts CHB Homes on the top 1%ER in the U.S. building high-performance homes, what does this mean for our home buyer's? A utility bill of $50/per Month for a custom smart 2,500 Sq. Ft. home. ("This is a CHB gift that keep on giving" When buying a new home in Thomasville and South Georgia if it's not a high-performance home than it's built with 80's technology.

MY AGENT SAYS HE WILL BE DOUBLE DIPPING - THAT SOUNDS GROSS

First-time buyer – My agent showed me a house that I like and for which he is the listing agent.  I heard him use the term double-dipping. I know you’re not supposed to do that with chips and dips, but what is that all about in real estate?

Answer - Double dipping at the chips and dip station is a nasty party etiquette faux pas and it can be a nasty real estate practice too, involving not so much etiquette as ethics. Some states have enacted real estate laws and practices to limit the practice or at least to bring full transparency to it. Michigan is what is called a Designated Agency state. That means that we have laws that define the agency role and responsibilities when a Realtor signs a client up to be their listing agent or their buyer agent and it requires a clear definition and agreement with the client about what role the agent is playing.  The cornerstone of the concept of agency is the agent’s fiduciary responsibility to the client.

Curt Vonnegut used to do a commercial for TIAA-CREF, the retirement programs people, in which he had fun with the word fiduciary. It does sound funny. 

From Wikipedia comes this definition of a fiduciary –

A fiduciary is a legal or ethical relationship of trust between two or more parties. Typically, a fiduciary prudently takes care of money for another person.  In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trusts. A fiduciary duty is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): such that there must be no conflict of duty between fiduciary and principal, and the fiduciary must not profit from his position as a fiduciary (unless the principal consents). This also goes for Realtor working directly with a local builder. This is also called double dipping and when that Realtor/broker is part owner of new homes being built and sold by the same agent, that's illegal.

So, when a client signs up with a real estate agent to list his house, the agent takes on a fiduciary role with that client. That means that the agent may learn things from the client that the client does not want to others to know, such and how much he’d really sell the place for. The agent is bound by his fiduciary relationship not to disclose that to a buyer. The agent owes his loyalty to the seller.

So what happens when that same agent signs up a buyer couple and starts looking for houses for them. He owes fiduciary loyalty to the buyers and shouldn’t disclose things like how much the buyer is willing to pay to any sellers. So far, so good.

Now, suppose that the agent is sending the buyers listings and they happen to see one of his listings and want to see it. Even worse, they love it and want to put in a bid on it. Where do the agents loyalties lay now? Can that agent serve two masters? Some states allow that to happen and some put some pretty good restrictions on what the agent can do and what level of transparency has to be maintained for both parties to the deal.

Michigan requires that the agent get the written permission of both parties before he should even show the house to the buyers. That written permission should state clearly the compromise that the agent will have to make if placed in this position. The things that need to be dealt with in that document include what the agent can and cannot disclose to either side and includes a strict prohibition against sharing any secrets or confidences that either party has already shared with the agent. Potentially a bigger issue is the fact that the dual agent can no longer negotiate for either side. If having the agent there to handle the negotiations was important to either side, that is gone if the agent is allowed to become a dual agent. Some states, like California, that don’t have designated agency laws in effect, are currently dealing with dual agency cases in their court systems that could have major impact across the country.

So, what’s the double dip thing? That means that the agent is going to receive both sides of the commission – double what he/she would normally make – thus a double dip into the commission pot. That’s not an illegal things or necessarily a bad thing, but is does provide the motivation to perhaps not render as much fiduciary responsibility as is still possible. The agent may become more motivated by the opportunity to double dip that to protect the interests of both parties. Money tends to corrupt like that.

How can you protect yourself against the potential problems that could be caused by dual agency? The simple answer is not to allow it. Since the agent needs to have your permission in most states to act in a dual agent role, just tell them that you’d prefer not to do business that way. Ask them to have a different agent represent the buyer or you, so that each of you has an agent who can give you the full fiduciary attention and responsibility that you should have. In states that don’t have Designated Agency laws that may mean finding an agent in a different company.  

Your agent may refer you to another agent and it is perfectly legal for him/her to get a referral fee for doing that. That way you are still rewarding the agent who worked for you and found you the house that you want, even if he/she can’t be there with you through the sale. If your agent refuses to do something about the dual-agency issue, then fire that agent and find another agent. He/she was more interested in double dipping that in making sure your interests were properly served.

The agent might take the position that he can represent only the seller but can still do the paperwork and put the deal together. Listing agents who meet unrepresented buyers at open houses in their own listings often take that approach. You’ll need to decide whether you feel comfortable with that and whether you are concerned that the agent may already know enough about your and your wherewithal to put you at a disadvantage in the negotiations – people do tend to talk at open houses, especially to the friendly, nice man that showed them through. You can see how hard this can be to keep straight. Double dipping has been a fairly common practice in many places and is a favorite with many agents for obvious reasons; but, the bottom line is that it’s up to you and you need to feel completely comfortable with the representation that you will be getting in the deal. If you are not, remember the advice that you used to hear about drugs or teenage sex, just say no.

 http://normwerner.realtytimes.com/advicefromagents1/item/28614-my-agent-says-he-will-be-double-dipping-that-sounds-gross

 

Should A Home Buyer Use The Listing Agent?

Double Dipping

Home Buyers should be aware of what Dual Agency means specifically to them and the purchase of a house or condo.   In the real estate business we refer to this as “double dipping.”

It has been written about for years that when a listing agent also represents the home buyer, it either means no one gets represented fully where the real estate agent becomes neutral or the home buyer is left out in the cold with no representation at all. You need to remember that a relationship was established with the home seller long before the home buyer came into the picture.  In other words the fiduciary relationship was originally with the seller.  You can’t serve two masters fairly! And don’t let anyone try and convince you otherwise.

Dual Agency is Double Dipping

A definition of dual agency is “a breach of agency rules” which must be disclosed to the parties because the agent has a conflict of interest when representing both the buyer and the seller. That should tell you something!

I prefer an “arms length” transaction where I totally represent my client and I do NOT do dual agency. Anyone who says they can give both sides equal representation is fooling himself/herself as well as the uneducated client.

Do some real estate agents like dual agency, well sure they get paid twice. But, for the inexperienced real estate agent who thinks only of the double commission, they may find a lawsuit will eat up that double dipping!  The number 1 claim and complaints filed are about Dual Agency. More real estate complaints occur due to Dual Agency where the client’s did not feel they were fully represented.

These are the States that ban Dual Agency:

• Alabama
• Florida
• Kansas
• Maryland

Now, the uscrupuious listing real estate agent who has lingo down pat of, “I’ll give you your own PRIVATE showing.” Or scares the buyers into thinking they have to write a contract with the listing agent in order to get the house are all examples of an unethical real estate agent. The uneducated, naive home buyer is typically the one who falls for this lingo. And in the end, some of those very home buyers actually think they got a good deal…how sad!

Private showings are always the case whenever a home is shown unless it’s an Open House so don’t fall for the “private showing” gibberish. And scaring a home buyer into thinking they must write the offer with the listing agent in order to get the house is not only unethical, it’s a lie.  The seller will pick the best offer.  The seller only cares about how much money they will net.  So, don’t fall for that lie.

Do you double dip your chip in the dip? Then don’t be represented by the same real estate agent that represents the seller.  Some things are just not Kosher.  And if you have an established relationship with a REALTOR®, then by all means be loyal and don’t fall prey to ridiculous rhetoric from a listing agent.

In summation, this article is for all home buyers.  You have now become educated on the pitfalls of NO REPRESENTATION when going along with Dual Agency.  The first question an ethical REALTOR® asks is, “are you currently working with a real estate agent?”

A unethical agent never asks and ropes you in and hopes you fall for their tricks while smiling all the way to the bank.  Wise up home buyers and don’t be taken! When you go to that Open House without your REALTOR®, then take their business card with you and speak up…I have a REALTOR®.

http://sacramentorealestatevoice.com/should-a-home-buyer-use-the-listing-agent/#comment-44863

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Capital Home Builders – We are the only true custom home builder in Thomasville, and South Georgia.	CHB Homes	Other New Homes
All of our homes are built with Florida Code NOT Georgia…. Better Code / Better Homes..	X
1) Stronger foundation and Footers - Our Found are built with Wire Mash and Fiber	X
2) 2X6 Exterior Walls  - Stronger House and More Wall  Insulation	X
3) Continuous load Path - Stronger House (Ask other builders will not know)	X
4) Trusses Design with Heel for extra insulation	X
5) Titanium Underlayment With Ice & water and installed properly.	X
6) Whole House Surge protector	X
7) Hole House Wiring For Smart Home	X
8) Video Surveillance Monitor on Vacation	X
9) Smart thermostat Lower A/C with Smart Phone.	X
10) 2.5 Ton 16 SEER A/C unit. For a 2,500 Sq. Ft. Home. Very Energy Efficient	X
11) Tankless Water Heater	X
12) Top Quality Energy efficient Windows	X
13) Advanced Framing - (Ask Other Builders Will not know what that is…)	X
14) Insulated Georgia.	X
15) No Bath inserts – Top Quality Porcelain Tile	X
16) Dual Flush Toilets	X
17) Architectural Shingles – NOT three tab shingles other builders use.	X
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19) 6" Fascia For a better roof look – Other Builders 4” Fascia	X
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23) Our homes are rated by an Energy Smart Rater.	X
24) LED and CFLs - All of our homes come with High-End Lighting	X
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CHB is ranked top 1% of builders in the U.S. building high-performance homes with a score of 54.

The home energy rating system (HERS) provides a number rating that makes it easy for consumers to see how same-size homes compare in energy use. The lower the number, the less energy used.

We at capital home builders have been pushing the envelope when it comes to building spec homes with custom features. We have reached a new milestone by building homes with a HERS Rating of 54. We are the only builder in South Georgia and North Tallahassee fl. to achieve a score of 54. Our 2,500 square foot home will have an electrical bill under $100/per month. We are ranked top 1%er of builders in the U.S. building high-performance homes.

The U.S. Department of Energy (DOE) reports that a typical resale home scores 130 on the HERS Index, while a typical new home might rate 100. A home with a HERS Index Score of 70 is 30%more energy efficient than that standard new home, and 60% more efficient than a typical resale.

“A home is one of the largest and most important purchases a family can make but, until recently, buyers have had little information about what their costs to own the home would be long term. When we buy a new car, we know how much mileage we can expect to get. Homebuyers should know the expected performance and monthly energy costs of a home.” We give our home buyers a gift that keeps on giving.