All Forum Posts by: Jonn Vidal

Doesnt making Disclosure via Counteroffering a written offer from Buyer drawn up with Dual Agent that Seller (who is in turn, an Agent for Listing Broker) is Licensed Agent quite late, practically after negotiations rather than before?

So much for fiduciaries! 

Obviously the argument is that you don't have to sign the counter unless you accept not having known the Seller is Listing Broker's Agent until having already drawn up your offer with Double Agent.

didnt think of that! Will pass info along and invite to BP.. Thanks

Karen is right on the money, I totally missed the Listing Agent is repping both sides in this transaction,thus has even fiduciary responsibility to both parties from the moment dual agency was established.

Appauled that agent(s) even here see nothing wrong with silently presenting offers to oneself - or in this instance an agent working for oneself - while simultaneously honoring fiduciary responsibility to the buyer too as buyers agent!

A RE attorney delinquent in property taxes? KEEPER! 

A colleague's church that rents is looking to get a loan to purchase commercial space for their congregation. They don't have credit nor grants nor file taxes.

Is there some way they can get a mort or loan based on monthly donations as income? She said they make a steady 5k/MO from Sunday offerings!

Like the previous agent points out, even the buyers agent hearing and countering offers initially secretly on his own property - unbeknownst to client that agent is also principal - would not be scandalous in some agents eyes because before they accept the offer, they will 'counteroffer' their pokerface disclosure just like you've similarly witnessed firsthand.

Keeps Dept of Real Estate busy issuing misdemeanors, suspensions and such from time to time after investigating details of iffy transactions all the time.

Most MLS and brokerage firms have rules requiring all licensed parties (and sometimes relationships between them) be disclosed in the listing. Heck even Craiglist distinguishes principals from agents strictly.

Seems agent's broker listed it for him/her, which is standard with many brokers, as is disclosure on the MLS listing of all licensed parties whether seller, broker, and/or agent.

IF I didnt disclose on MLS that seller is licensed agent where that was the case, just because my supervising broker listed it directly instead, tis only a matter of time before BRE be investigating a complaint, so wouldn't risk it even if there's legal prose to get away doing so.

Nevertheless, focus on the sale and find out if it would be legal to do the same if you get licensed but have your licensed broker sell it for you without disclosure of your own license until offers made and subject to be countered.

Although... What if seller-agent found the buyer? When would they wait to disclose they are in fact, both the seller and buyer's agent?????

Interesting!

NAR/CAR ethics stipulate 'Seller is Agent' disclosure in writing on the MLS etc at time of listing because even if Seller is not the Listing Agent, licensed seller/owner may expect and/or receive compensation (ie, gift, referral fee, portion of listing agent's compensation, etc).

Thus licensed seller is inherently not strictly limited to being a principal in the transaction, so would have had to disclose seller is licensed agent. 

Perhaps agent isn't a 'Realtor' thus privy to NAR/CAR codes and/or perhaps CA BRE allows disclosure after Buyer signs Offer (weird). Hope future lawsuits help set more precedent that prevents even mild predatory selling tactics. After all, why disclose a Principal's silent agency entitlements only *after* negotiating price, as a standalone 'Counteroffer'?

Hopefully more attorneys chime on the subject of a seller hearing offers as just a Principal, but then countering with a licensed Agent disclosure.

I'd considered HELOC a revolbing 'line of credit' like a credit card limit backed by one's existing collateral real property,but apparently is seen as a quick way to purchase indeed, esp if just for the down not the whole purch amount

https://pocketsense.com/use-line-credit-purchase-home-5653694.html

Why only AirBnB what about Booking.com? Accepting AirBnB is like accepting income made on Uber but not Lyft.. ANTITRUST issues?!