Monday, June 19, 2023

I don't really need an experienced Realtor. I can just hire a friend?


 

I don't really need an experienced Realtor. I can just hire a friend?

Would you hire a law student to represent you in monetary litigation or hire an experienced lawyer that is an expert in the field?

I have a client that told me they had a friend that just got their license and they wanted to give them a chance to sell their home.   Have you heard this before?   

In this case, things fell apart when the inexperienced agent was verbally negotiating on his behalf.  Both parties seemingly had a deal worked out and the buyers went out of town for a long weekend. No due diligence was collected because a promise was made by the buyer's agent.  In the seller's mind his home was sold and he was moving forward with his plans.   His agent was telling people it was sold and interested buyers moved on.   Low and behold, buyers came back and changed their minds.   Numerous opportunities were lost as well as valuable time.   

An inexperienced agent keeps the facts below in mind at all times and is diligent throughout the transaction.   

Negotiations leading to a contract can be fast-paced, to the extent that brokers find themselves communicating offers and counter-offers, as well as acceptances, orally. An example of such a situation occurs when an oral counter-offer is communicated to the buyers, who orally agree to the new terms. The acceptance is orally relayed to the sellers, who now mistakenly think they have a valid contract.

The Statute of Frauds requires that all contracts for the sale of land or for lease agreements exceeding three years be in writing and signed by the parties to be enforceable. In order for a valid contract to exist, all negotiated terms must be in writing and signed by the parties. Any changes must also be in writing and initialed by the parties.


A broker can best keep his or her clients informed of all communications material to negotiations between the parties by ensuring that offers, counter-offers, and acceptances are in writing and contain all necessary signatures. Oral agreements for the sale of real property are not binding.

Thinking of selling and want a FREE Home evaluation?    Visit: Free Property Valuation (robyrobertson.com)

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