Realty Times June 15, 2001

Ask George: Questions From Consumers
by George C. Stephens

Dear George: I've become aware that the brokers as a nationwide group oppose banking institutions owning real estate brokerage firms. I am a consumer. I also work for a bank. It seems to me that you guys are just defending your own turf. At the same time, you want to offer loans to consumers. Well, maybe bank-owned real estate firms would be a good thing.-- Banker

Dear Banker: The National Association of Realtors calls this issue "The Big Grab." Essentially, Congress has turned the bankers down three separate times. They are now doing an "end run" by trying the get the Federal Reserve and the Treasury Department to allow banks to offer real estate brokerage and property management. As long as bankers are willing to show houses evenings and weekends, recommend competing lenders who have lower rates, and subscribe to NAR's Code of Ethics, I don't have a problem with banks competing with brokers.

Dear George: We received an offer two weeks after we listed our home with a broker. We made one counter-offer. The buyers accepted it. We are now "in title" according to our agent. We've been thinking we might not have asked enough for our property. Paying a full commission for half a month's work seems unfair. Are we being unreasonable?-- Sellers

Dear Sellers: You hired your agent's firm to bring you an acceptable offer. It appears to me, that is what happened.

Dear George: We own a lot. We think this might be the right time to hire a builder to build us a home on it. My wife holds a real estate license. According to her, Texas doesn't have a contract form that fits our situation. Is this true? If so, what are our alternatives? -- Stumped

Dear Stumped: The Texas Real Estate Commission's Broker-Lawyer Committee dealt with this question several years ago. The Committee decided that its function was to draft and revise contracts "capable of standardization for use by Texas real estate licensees." The Committee decided that it could not recommend a standardized contract for the type of transaction you describe. I recommend you hire an attorney who is knowledgeable about this type of transaction.

Dear George: My husband and I are represented by a broker. We purchased furniture to be delivered to our new address after closing. Our agent told us she would receive a referral fee if we purchased from that store. She now states that she must obtain not only our written consent, but also the written consent of the sellers. Why do the sellers have to be brought into the loop? We understand our agent having to obtain our written consent. But we feel that it is not the sellers' business to know about our business dealings with our agent. We thought everything was supposed to be "confidential" between our agent and ourselves. -- Missed Confidentiality

Dear Missed Confidentiality: Most, but not "everything," is confidential between an agent and a client. Your agent is required to inform you as to what the difference is. For instance, Section 535.148 of the Rules and Regulations of the Texas Real Estate Commission ("TREC") requires that a licensee must obtain consent from all parties to the transaction for any fee, commission, or rebate the licensee intends to receive from a person other than the client. Readers who wish to comment about this rule (either "pro or con") are welcome to email TREC.

Dear George: Earlier this year you addressed our question about a "sick looking oak" on our property. We hired a landscape person to take a look at the tree. He did not provide a written report. Since that time, the tree has replaced all of its dead leaves with new leaves. It appears healthy now. Do we still have to disclose our concerns to potential buyers? -- Worried Seller

Dear Worried Seller: That is a decision only you can make. If I were selling, I would disclose your previous concerns about the tree. I would also disclose the name of the "landscape person" you hired to look at the tree. If the tree makes it for the long haul, your disclosure wasn't necessary. But if the tree dies, your disclosure to the buyer served its intended purpose.

Dear George: I listed my home for sale with a broker. Since then, I had a legal name change. Next, a buyer submitted an offer to purchase. How should I identify myself as the Seller? Do I use the name I listed the property under or my legal name? My broker suggested that I contact the title company the purchaser listed in the offer. What is your opinion? -- Changed

Dear Changed: I agree with your broker. Contact the title company handling the transaction and ask how to deal with the name change.


For more articles by George Stephens, please press here.

George Stephens welcomes your questions by e-mail. Because of the volume of mail received, questions cannot be answered individually. Mr. Stephens is not a lawyer and this column does not contain legal advice. If you wish to obtain legal advice, please consult with an attorney or legal clinic.



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