Tuesday, May 1, 2007

Warnings Causes For Complaints ByConsumers About Real Estate Agents/Brokers

TOP REASONS FOR CONSUMER COMPLAINTS:
1. Failure to disclose material factsThis could be to buyer or seller. For a listing agent it could be failure to disclose flooding.For a buyer's agent it could be failure to disclose financial condition, insufficient funds for escrow.

2. Giving advice to buyer or seller that would result in future problems.This includes telling buyers that home inspections are a waste of money.

3. Failing to keep copies of contracts and provide copies to buyers and sellers.Buyers and sellers are entitled to have a copy of any document that they sign WHEN they sign.

4. Asking buyer or seller to sign blank forms.
Asking sellers to sign blank listing forms or buyers to sign blank contracts or addenda.

5. Failing to provide Disclosure/Disclaimer FormsFailure to have seller complete the forms and/or failure to provide to buyer before the contract iscomplete represents an incomplete contract.

6. Not depositing escrow funds within 7 days of ratification of contract.Brokers control escrow accounts and money is deposited immediately following contract acceptance.

7. Failing to disclosure Deed Restrictions or Covenants by Distribution of HOA or Condo Documents Buyers have a period of time to review and rescind a contract when documents are received.

8. Changing the terms of buyer financing from conventional to FHA without agreement of seller.This changes the net to the seller. Buyers making application with new lender and not pursuing loanaccepted by seller when contract accepted.

9. Failure of agents to use the full name of their broker in advertising.The consumer must be able to contact the broker through the agents advertising.

10. Agents failing to disclose known flooding in listing.If the agent knows, they must disclose, even if the seller doesn't want to.

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