- 27 POSTS
- 33 COMM.
- 17 LIKES
A loan officer told me today that she received a contract with numerous scratch outs and rewrites all over it. The loan officer asked her borrower why the contract was in such form, and she was told that their buyer agent dropped off a blank contract and told the buyers to fill it out. The borrowers/buyers apologized that they made a lot of mistakes because they didn't know how to do it. WaterCooler w/ the Loan Officer.
A spin from my post about a client who emailed at 1am Sat night/Sun early am and was upset that she had not received a response by Sunday at 8am. (She rehired us after firing us for this failure, btw.) In my next chapter, it is my goal to be the George Carlin of real estate. Others say they want to write a book. When I leave brokerage, I don't plan to go to work for a trade partner. I want to do stand up about all the silly things that we do, say, hear and experience. Then, I can say all the things that I cannot say (publicly, at least) now. I have been saying I want to be George Carlin for real estate for years..... my day will come!! Every time an agent or customer or client does something outrageous, I don't get upset. Instead I say "Thank you for more material".
Cassandara - In NJ, contracts are not binding until an attorney approves, or in absence of an attorney, 3 business days pass. Buyers and sellers both execute contracts, then use the 3 day period to think about their terms, and terminate contracts through their attorney if desired. Unique to NJ. Leads to much disappointment when one party finds the rug pulled out from under them. Totally legal.
Back to the original question..... TZ not regulated by any state regulatory body or NAR, but definitely subject to fair housing laws as a publisher. In absence of an MLS, would TZ be regulated? IMO, not regulated, but subject to an increase of complaints, lawsuits, etc in an attempt to hold them accountable for what they publish. Consumer Fraud Acts exempt publishers in most instances. TZ are digital publishers, not real estate companies. Real estate licensees, however, are subject to Consumer Fraud laws, which vary by state.
Our biggest offenders happen to be top producers, not the part timers. (I am not saying all top producers are offenders.) My agents fear challenges of being granted appointments or retaliation against their buyers if their buyers wanted to make an offer. This is particularly true in a seller's market.
""Under New York law, a tortious interference claim requires a showing that a valid contract exists and that a third party with knowledge of the contract intentionally and improperly procured its breach." TVT Records v. Island Def Jam Music Group, 412 F.3d 82, 88 (2d Cir. 2005). Scott Forcino, is your argument then that because the contract was not actually breached, there is no tort? I can buy that, but as the basis of an ethics complaint, I would think that merely the solicitation of a breach is good enough. Maybe they can't make it stick if they were to file a TI cause of action, but I'd bet its good enough for an ethics complaint. You raise an interesting point, and it is one I will research a bit more after I finish final exams next week. My point is that a lawyer should be ethically barred from soliciting a tort