Realtor Ethics Violation - Open Forums - Santa Barbara Edhat

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Realtor Ethics Violation
updated: Oct 02, 2012, 1:17 PM

By Edhat Subscriber

Does anyone have any experience with filing an ethics violations against a local realtor? We are buyers who were subjected to ethical and possible discrimination violations by a local agent. We are not looking to sue, but just want to make sure this realtor is penalized appropriately so it hopefully doesn't happen in the future. After my research online it is clear an ethics violation took place, but I am still unsure with what organization the complaint needs to be filed with.

Comments in order of when they were received | (reverse order)

?COMMENT 326967	2012-10-02 01:37 PM
I'd probably start with the head of his or her office, and if needed, escalate to the California Department of Real Estate.
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?COMMENT 326969	2012-10-02 01:40 PM
What? A local real estate agent has been unethical? Somebody needs to publicly out the scammers in this town who call themselves "realtors." They're a joke. For a large percentage of local agents, it's all about "double ending" the commission. Any time you hear the term "pocket listing," agents are avoiding listing a property on the MLS in the hopes of finding a buyer without representation. They want all the commission for themselves. In other words, they're not effectively marketing the property, which they have a fiduciary responsibility to do, and are short changing their clients big time. The greater the number of potential buyers directly correlates with a higher potential sales price. I would recommend publicly outing your agent on Edhat. The Santa Barbara Association of Realtors won't do anything. Too many of them are part of the scam, and they need to protect their "house of cards."
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?COMMENT 326970	2012-10-02 01:41 PM
Federal agency in town deal with FHA discrimination in housing and loan matters. Board of Realtors has a complaint system for individual realtors who are their members. What do you have in writing that guaranteed you certain standards of behavior? And what did you sign already that might have waived any rights. Start there at least before you take your next step unless you have to worry about a statute of limitations and timely filing for any alleged actions you feel you are entitled to. The buyer often does get the short-end of the conflicts of interest issues - both seller' agents and buyer's agents are already inherently interested in getting the highest possible selling price because that is how they all earn their commissions - off of what you ultimately pay. Who else besides the buyer him/herself is interested in getting the lowest price.? Duh. It is a stacked deck in theory. Caveat Emptor.
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?COMMENT 326982	2012-10-02 02:05 PM
We got lucky and were treated very well by our agent. Maybe it was because we had a professional relationship with her before we purchased the house. Now, the mortgage broker, that's another story entirely.
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?SBREAL	2012-10-02 03:18 PM
I am a Realtor and I encourage you to file a complaint through the SB Association of Realtors. It is in the best interest of SBAOR to discipline those members who commit abuse on their clients. There is a Professional Standard process where you can be heard and you will receive a fair shake. Housing and Urban Development is the place for a discrimination investigation.
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?COMMENT 327052	2012-10-02 04:31 PM
The California Department of Real Estate is also an important place to file a complaint. The DRE has more significant consequences than the SB Association of Realtors.
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?COMMENT 327117	2012-10-02 06:33 PM
There's a wide range of experience and sense of ethics in the RE profession. A few years ago I hired a reputable RE agent to list and sell a property in SB. Weird things then started to happen, e.g., among other things, my purported signature showed up on a document that I had not signed. Yes, the agent did it. I was never so glad for the deal to finally go through and the agent and I could go our separate ways. I can believe that the types of violations at issue do actually happen.
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?COMMENT 327149	2012-10-02 08:07 PM
I've been a real estate agent in SB for over 20 years. As in all professions, there may be a few bad apples. However, I am proud to be associated with the vast majority of agents in this town. Our Santa Barbara Association of Realtors works hard to be sure that our members maintain high professional standards and ethics. If you have a complaint, I would start there and/or with the agents broker. As for the comment that buyer's agents want a higher sales price so their commissions are higher - that's very naive. Most agents I know would work hard for their buyer client at any price - we just want our clients to be happy in a new home. Every transaction and every client is different. Many of us strive to do the best we can for our respective clients. I doesn't hurt to ask for recommendations from past clients. Sorry you were involved with a bad apple - please don't let it ruin your opinion of the whole bunch.
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?COMMENT 327183P	2012-10-03 06:48 AM
Dual agency is legal in California. As an agent, I have done it. Disclose, disclose,disclose and everything will be good. Pocket listings? Some sellers don't want to go through the marketing process, open houses with lookie loos, keeping the home ready to show at a moment's notice, home on the internet. If a seller is shown comps for his home and goes with a sale without the whole MLS experience, why would anyone think this is a scam of some sort? Plus, when it does sell, the sale is reported in our MLS for statistical purposes, so a pocket sale is not below any radar. I used to think badly about the real estate business till I became part of it. Santa Barbara has a very high professional standard to which our agents measure up. Every industry has its shoddy performers though, report this to the SB Association of Realtors, they have a grievance committee that will look into your complaint.
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?COMMENT 327190	2012-10-03 07:28 AM
Realtors have surpassed lawyers on the dishonest scale. Am sorry ,but it is really true. Hats off to the few honest ones .
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?FLICKA	2012-10-03 07:30 AM
What I think is unethical is that realtors advertise, and tell clients, any house in the 93108 Zip is in Montecito; gets more money. All Montecito homes are in the 93108, but not all those zips are in Montecito. Montecito has definate lines drawn as to where the actual community is. For instance, going up Ladera Lane on the east end, houses on the left are Montecito, on the right not. Toro Canyon is definately not in Montecito. Brooks Institute's "Montecito Campus" is not in Montecito, the line runs behind the property. The Montecito Country Club is not in Montecito, but the Santa Barbara Cemetary is. The configuration zig-zags around on the west side. Check at the Montecito Association office to see a map.
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?COMMENT 327208	2012-10-03 08:18 AM
As long as the Board of Realtors is investigating their own real estate agents, no fault will be found.
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?COMMENT 327213	2012-10-03 08:34 AM
I am a realtor and I recommend reporting this to the SB Association of Realtors. Always get recommendations, ask about their experience. Ask about their most complicated transaction and call their references. Dual agency is legal and if done correctly, can benefit both sides. However, if a listing agent tells you that you get a "better" deal by going through them or they won't entertain an offer unless it comes through them, report that person immediately. Be weary of agents that have for sale signs up and the property is NOT in the MLS. Bottom line: they are fishing for buyers, it does not benefit the seller, it benefits them. You shouldn't "get lucky" with a realtor, you should hire someone with an excellent track record, with fabulous recommendations, who you really like and trust!
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?COMMENT 327216	2012-10-03 08:34 AM
Look at the DRE website.
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?COMMENT 327317	2012-10-03 11:14 AM
If this was your realtor why not just fire them and seek out another agent? Tell them why you choose not to work with them any more and let your voice and experience with them be what gets their attention. Going to a governing body is not facing the issue head on but letting someone else do it for you. If this was someone else's realtor then I would agree with going to the governing body.... if you use that realtor or not again won't mean anything.
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