Why am I the agent getting pulled into this post-sale dispute?

You’d have to sit in my law office for the past 30+ years to hear what I hear before you can fully appreciate the breadth of buyer complaints. And having attended lawyer conferences where real estate malpractice is being discussed you’d be surprised at what you don't hear discussed.

Where do I begin to describe why you can and probably will get pulled into the problem?

• Real estate agents provide forms drafted by some lawyer having nothing to do with the transaction or the parties to the agreement. It's one size fit all, sort of like buying your legal clothes off the rack.
• Real estate agents through brokers present legally binding contracts to parties with the sole advice, that "Sorry, I can't give legal advice.". Is this really a service? Where is the value? 
• Real estate agents are paid thousands of dollars in commissions. And aside from hand holding what are the four real estate business components doing aside from hand holding? 
• Real estate agents are independent contractors and have a duty to run their own business effectively.
• Real estate agents have errors and omissions malpractice insurance.
• Real estate agents have a duty to do certain things pre and post sale. Are these "things" being clearly defined for the buyers and sellers? What's vague today will seem much clearer tomorrow and it won't be helpful to you, the agent. How will you argue with two sellers who remember it differently than you do?
• Real estate agents whether they admit or not provide advice having legal consequences. You can deny it's legal advice, but is it?
• Real estate agents and brokers advertise and in those ads create expectations. But are the expectations being met and what value is really being provided?
• Real estate agents meet alone with client sellers and have no one who can refute what was said or not said.
• Real estate agents don’t normally use correspondence, leaving memories to reconstruct what was said and done or not done.
• Real estate agents like not creating the impression this relationship will be formal. Realtors like people to feel at ease with them and the sale process.
• Agents attempt to make the process inexpensive which usually translates into messy.
• The real estate sales process is not perfect and never goes according to plan.
• There are always surprises or unexpected issues during the sale’s process.
• The Realtor doesn't know the property as well as the sellers and can easily be fooled into selling a product that is different than they realize.
• Do you make more money selling properties or dealing with post sale disclosure problems? When the sales heat up will the past come back to haunt you, us and them? Only time will tell...

If these aren't enough reasons to encourage your seller to spend $250 I don’t know what to tell you, except maybe I’ll see you in my role as an attorney; but across the table.

This area of the law is a mine field – so don’t hesitate. Call us today, contact the Lombardi Law Firm and ask for either Steve Lombardi or Katrina Schaefer.

HOW TO CONTACT US

The Lombardi Law Firm

1300 – 37^th Street, Suite 4

West Des Moines, Iowa 50266

Telephone: 515-222-1110

Fax: 515-222-0718

Write to Steve or Katrina

Email: sdlombardi@aol.com or katrina.schaefer8@gmail.com