Collectively, real estate agents don’t always have the greatest reputation. In Gallup Polls from recent years, agents' favorability ratings have been just above those of lawyers.
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To be sure, some buyers and sellers do have bad experiences with their agents. Anything can go wrong in a real estate transaction: Maybe the seller didn't get their desired asking price, the sale took too long or some paperwork got messed up.
There's often some kind of hitch, but still, most agents are straight arrows who play by the book.
There are some, however, who don't always follow the National Association of Realtors’ Code of Ethics: an extensive document under which the business operates. If agents violate the code, they are subject to sanctions. If they do so often, they could be drummed out of the corps.
For instance: If you have signed a listing agreement or a buyer-broker contract with one agent, other agents should not be calling you and trying to snatch you away. It’s called poaching, and it's against the rules. Agents bad-mouthing their competitors is another code violation.
Some violations are also outright illegal. For instance, if an agent discriminates, that's likely a violation of the Fair Housing Act -- the law that protects buyers and renters from discrimination based on race, sex, religion, disability, national origin and other factors.
That’s pretty cut-and-dried: An agent can’t refuse to work with potential clients because of these factors. Further, agents can’t answer questions about the racial makeup of a neighborhood; if the would-be buyer is interested in that, they’ll have to research it on their own.
If your agent violates these rules, you should report it to the local Realtors group and maybe even to the Department of Housing and Urban Development.
Beyond discrimination, the code covers issues of fairness and strategy. For example, agents are not supposed to disclose information about their clients that may hinder them -- or help the other side. That’s why working with a so-called dual agent, who works for both the buyer and seller, is a dangerous proposition. Dual agents walk a fine line, and in the end, neither side gets the representation they deserve.
An example of what not to do: Sellers' agents shouldn’t reveal to buyers just how low their client will go price-wise. Nor should they disclose the reason for selling, or that the seller is in a hurry.
Another no-no: Agents cannot put their own interests -- or their commissions -- above the interests of their clients. They cannot misrepresent themselves or the properties they list. If a rookie agent falsely claims to have years of experience, or if they list a house as 3,000 square feet when it is only 2,500, those are violations.
Sometimes, a mistake is inadvertent, with the agent just repeating what they were told. But some agents fudge things intentionally and just hope they don't get caught. Such misrepresentations are a major cause of consumer complaints and legal disputes and, therefore, a key focus of regulatory efforts at the state level.
Another area where agents step over the line: giving legal advice. They’re not supposed to. The closest they should come is filling in the blanks of a listing agreement or sales contract. They often write addendums or add clauses, but that really should be left to the lawyers. If you have legal questions, obtain advice from an actual attorney.
Most real estate agents aren’t qualified to answer tax questions, either. Buyers and sellers should seek the advice of an accountant or tax professional if they have questions about the tax implications of their transaction.