Has anyone attempted to bring Ethics Violations against a Realtor for continually making negative remarks against you?

[glenn walker]

Helps the Realtor was dumb enough to type it in a text to my brother about me, and I didn't even do the appraisal in question he did.

I have sent this to the broker in the past and he has bucked it, but I never heard from him again about it. This sales associate has been in the business two years and needs to at least read that article and wonder if it would effect her. She is a young twenty something and feels emboldened because she has sold a few houses.

That is a valid point. But............most agents simply write "if Buyer or anyone involved in the transaction is concerned about the square footage they should conduct their own inspections".
In a perfect world it would make sense that the real estate agent should know what they are selling, including the square footage of the building, one of the biggest contributing price factors.
The National Association of REALTORS (NAR) would NEVER require agents to actually know how to measure a home.
That is but one of the insanities of the NAR and the money and power and influence they yield over this business.

NAR the Brokers mostly do not want their agents measuring houses and neither do their attorneys because when square footage issues come up we want the appraiser to be sued not the Realtor. We never allowed our Realtors to measure homes and at most maybe an- addition because many are not equipped to do it. When square footage issues arise we always deferred to the appraisers measurements and told the buyer to sue them not us. Even as an-appraiser I am using public records if there is no additions and when it sells let the appraiser own it. Unlike our profession we have everyone shooting missiles at us while NAR protects its Realtors and the NAR attorneys create guidelines to minimize Realtor Liability. Also the Realtor knows what they are selling and so does the buyer and when the appraisal comes in his/her GLA will be what they get.

Personally I know very few appraisers that can measure complex properties or ones with weird floor plans including me because we are not architecturally trained. Back in 2010 when it was slow one MAI used to have measuring parties where he would get owners to allow 4 or 5 appraisers to measure there home. he would intentionally find large complex properties and we woudl al meet up at 10: AM pile into his van and off we went. Whomever came the closest to the home actual GLA was awarded a $100 gift certificate. We never knew where the house was or what public records showed and that was before smart phones so we could not target a GLA. It was rare that anyone was within a few hundred square feet and some we-were off by 500 Sq.Ft. or more. On one I didn't even try to measure it I walked up and around it and waved a white flag and told the MAI there is no way I can do this. He was also an-architect and a big part of his expert witness work was assisting attorneys whose buyers were having GLA disputes. he actually thanked me and said that many appraisers are over-confident and many get sued because they take on assignments they are not qualified to do. Out of five appraisers after three or four of these monsters we had all been humbled when we compared our GLA to the Architects. So no Realtors measuring houses and frankly how many reviews did I see where public records showed 2,001 Sq.Ft. an magically the appraisers sketch showed 2,001 Sq.Ft. I always wondered how those appraisers found that 1 square foot : ) LMAO

 

[Terrel L. Shields]

The end result is that the market IS moving upwards, just not as fast as some realtors would like....

One outcome of computerization is the amount of data at the fingertips of agents and appraisers alike. That means the agent can and does view every sale as a stepping stop to a new higher value. And that drives prices, snowballing as it goes, but it is driving prices unsustainably high. Just like 2008-09 prices then tumbled to absurd lows. Same problem. Ready credit to anyone who could fog a mirror led to rapidly escalating prices and likewise, credit literally freezing up, meant the collapse of prices fell far below the intrinsic value of the property. This whipsaw action isn't a healthy market where slow changes and steady interest rates at reasonable rates means a much healthier market. That applies to more than housing.

Older people should have money in safe accounts with low risk and a reasonable return at or just above inflation. Instead, to get that, they are forced into risky investments appropriate for a much younger person, or see the buying power of their money erode. Dumping money into all those funds means local banks don't have much local money, and have to use brokered funds from Wall St. or sell into the secondary market fueled by the funds that the savers have their money at risk in.

N. N. Taleb has a book about "Anti-fragility" - that our financial systems are not robust enough to absorb shocks. This market is proof that we are unprepared for the coming downturn nor do we have a good handle on the economic situation that led to dropping interest rates so low. And this is not a USA problem, it is global in nature.

 

[Elliott]

This is the only known photo of someone who filed a ethics complaint against a Realtor. The last known correspondence with the Realtor Ethics Committee was via email and they said, "We are still working on it, but because of Covid-19 our staff has been pressed to its limits."

 

[Terrel L. Shields]

after three or four of these monsters we had all been humbled when we compared our GLA to the Architects

Architects measure differently. I was a draftsman for a developer and saw many blueprints, none measure the outside of a building beyond the stud walls or sheathing. And then builders go and build it the way they want to...

 

[TerryRohrer]

People don't give a crap about the dollar amount, it's all just an equation based on the monthly payment. People want to buy the best house that they can afford. People can afford more now, and basic supply/demand econ 101 principles says that low inventory means higher prices.

How can you say people don't know what they are buying and that the market is being irrational? So pompous.

So your argument is that the dollar amount of the most house you can afford is the market value of every house you cannot afford, because that is all you could afford to pay? Your completely lost regarding the concept of market value. It isn't established by a single transaction, yet you want us to agree with you that a single contract and some unaccepted offers establish market value, regardless of what data in the market might suggest once it has been analyzed. But, I'm sure your busy if you confirm every sale price regardless of data in the market where it is occurring.

 

[TerryRohrer]

We appear to be graced by the presence of an idle time blessed guru taking time out from a busy schedule to enlighten the great unwashed.

In my experience, those who have never met a contract price they can't confirm, regardless of the fact, stay relatively busy. But, knowing that will be the outcome from the outset, I'm sure less time is wasted on actually analyzing data and reporting results!

 

[TerryRohrer]

Appraising a $1.6 million new construction in Cedar Rapids Iowa at cost is an obvious and objective error. Problem? Nobody cares about crappy appraisers, not the people on here, and not even the watchmen. Whatever, I'm over it.

Maybe he was simply acting to support the contract price, as your arguing is our duty!

 

[IlliniApp]

The more I read some of these discussions here, the happier I am to live in the world of farmland appraising and NOT in the world of residential appraising for GSE's. Especially in these current conditions.

 

[Overimprovement]

I relayed this story a couple years ago, but here is an actual assignment I had...

The house was very typical in a non-descript area. As close to a subdivision as I get. Very stable prices at that point. This home had just gone on the market, and was under contract in 1 day--which was before this rush, and was a very low DOM (its literally average in some of my area now, which is amazing). Contract price was like 15%-20% over what I thought was market value after I did some prelim work.

Onto the inspection--I did talk to buyer, who met me at the house to let me in, and found out that he had been waiting for this house to go on sale for 3 years, because his very elderly, but independent-minded, mother lived next door, and refused to move. Well this man wanted to be ABSOLUTELY sure he got this house, leaving no room for competing offers, so he could live 50' away from his mother. While I admire his family devotion, that alone does not raise the market value of a home. I did find out he was able to come up with the difference in contract price and market value in cash, so the story does end well.

Moral of the story--ONE contract does NOT market value make.

 

[nachocheesefries]

There are a couple of Realty offices in my town that believe that they have the right to talk about appraisers in a negative light because they don't always agree with the contract prices they arrive at. I know that is as old as time, but when they constantly throw appraisers under the bus, even to people that are related to you. What tactics have you used in the past to shut that down? The local Association of Realtors has a few statements that talk about not talking or communicating negative comments about other real estate professionals in the association. It is part of their Ethics Rules, and I wonder if that would be a good way to at least start.

Right now the sales are going up very fast in our area, and I am finding many of the Realtors are not doing a CMA, just putting a number on the property without doing any market research. Due to the lack of product, people are just going under contract without any knowledge of the market because the Realtors are to busy to do their jobs. There are people getting into the real estate business without being properly trained and they get upset when the appraiser doesn't agree with them. Sorry that this has made it way into a rant, just tired of being thrown under the bus for doing my job based on guidelines the Realtors don't have to adhere to.

There are a couple of Realty offices in my town that believe that they have the right to talk about appraisers in a negative light because they don't always agree with the contract prices they arrive at. I know that is as old as time, but when they constantly throw appraisers under the bus, even to people that are related to you. What tactics have you used in the past to shut that down? The local Association of Realtors has a few statements that talk about not talking or communicating negative comments about other real estate professionals in the association. It is part of their Ethics Rules, and I wonder if that would be a good way to at least start.

Right now the sales are going up very fast in our area, and I am finding many of the Realtors are not doing a CMA, just putting a number on the property without doing any market research. Due to the lack of product, people are just going under contract without any knowledge of the market because the Realtors are to busy to do their jobs. There are people getting into the real estate business without being properly trained and they get upset when the appraiser doesn't agree with them. Sorry that this has made it way into a rant, just tired of being thrown under the bus for doing my job based on guidelines the Realtors don't have to adhere to.

Don't worry about it. Who cares what Realtors think. Just do your job.

Trust me...I black list way more Realtors than vice versa. If it is a Listing Agent that has been crappy to me in the past, I don't accept the assignment.

We have a actual black list in my office that every order is measured against. If you are a Realtor on that list, I don't accept the assignment..and I make sure and wait a few days to decline. Wait until its a real odd ball and they can't find anyone, then its gets their attention. My note to the lender is always simple "The agent on this file is aggressive and difficult to work with. Thank you for considering me but I will have to pass."

***about three weeks ago I got begged by a Listing Agent acquaintance to do a very rural/complex assignment. Noticed when I got out there that the Buyers Agent is someone who has written me a bad review on Google for being late to a final on a HUD REO (which I cannot even recall). I called the LA and said I am getting in my truck and leaving if she doesn't take her review down. It was gone in 10 minutes.

My point, what goes around comes around. Realtors that trash Appraisers are not taken seriously by their peers, for the most part. Everyone knows that if you are constantly having issues with Appraisers, its bc you over list or over sell. Some agents entire marketiung strategy is to over list. Then they act surprised that my name keeps popping up.

Be strong...move forward. You don't need anyone's approval. Being the most popular Appraiser ensures you won't be for long.