Special offer
Richie Alan Naggar, agent & author  (people first...then business Ran Right Realty )

Spam prevention
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

I will be shoving 21 pages involving a listing agreement.
It is best, I believe, to be able to explain EVERY paragraph.
It is worst, I believe, to advise a selller, "I haven't a clue so consult your attorney."
When a REALTOR chooses to leave the legal stuff to the attorneys, making not effort at explaining, their worth may be in question.

Nov 30, 2021 10:39 AM
Ambassador
2,062,085
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

I don't get involved in explaining legal documents.  I leave that to those better equipped to handling mouse-type.  I am neither competent, nor insured to counsel my clients on legal matters.

Nov 30, 2021 09:15 AM
Rainmaker
1,311,397
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

If you are not familiar enough with your professional paperwork to explain it to your client...well, what would you think of the person presenting the paperwork to you if the roles were reversed?

Nov 30, 2021 10:48 AM
Rainmaker
1,844,301
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I explain each paragraph in the listing & buying contracts. It is intimidating at 13 pages long.

Nov 30, 2021 11:57 AM
Rainer
195,422
Karen Climer
Demetree School of Real Estate - Orlando, FL
Teaching people to pass the real estate exam

Often, it's not small print.  Often, the information isn't hidden, you just have to read it.  I learned early not to sign anything without reading every single word of it.  I advise my clients to do that same.

Nov 30, 2021 09:43 AM
Ambassador
2,684,109
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

I will explain the clauses to you.   But see an attorney for legal advice; talk to a CPA for tax or financial ramifications.

 

When signing legal documents, or agreeing to TOS or EULA check boxes on the internet, my lawyer told me to watch out for "mandatory arbitration" or "mandatory mediation" clauses.  These have become de rigueur with large corporations, some service providers, many websites, etc. 

  If that clause is present, you are probably waiving your right to file a lawsuit against the other party. 

 

    KNOW WHAT YOU ARE SIGNING!

Nov 30, 2021 09:28 AM
Ambassador
3,345,091
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I go over every page and paragraph of all listing and purchase documents with my clients before sending them for signature.

I explain how the contract works. What has to happen if a buyer does not perform in the timeframe allotted in the contract. 

I will ask:  Does that make sense? 

Do you have any questions? 

If questions are beyond my scope as a licensed real estate agent, I would recommend they speak with an attorney. That has not happened. 

Nov 30, 2021 01:54 PM
Rainmaker
620,692
Ernie Steele
Lebanon, PA

I've often told clients that all this paperwork is "because somebody sued somebody somewhere"

That said I do explain what the paragraphs mean but I do not go over the contract word for word but I do take the time to answer all questions.

 

Dec 01, 2021 07:00 AM
Rainmaker
5,216,875
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Years ago as a loan officer in a Savings & Loan we had to explain the mortgage and note to the borrowers at a signing event. It could literaaly take hours. At some point beijng pressed for time, I told the borrowers that all this mumbo jumbo translates to "if you do not pay they will take it away"! Any questions? They said yes, where do we sign!

Dec 01, 2021 04:39 AM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Richie,

I am in agreement with Alan May !

Nov 30, 2021 09:27 AM
Rainmaker
679,404
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

Writing an offer -- I go through all parts of the offer to make sure the buyer understands what they are offering a seller.  When listing, I am careful to ask all the important questions and get accurate information for prospective buyers.  At a closing I say: Pay and you Stay.  Don't and you won't.

Dec 01, 2021 10:22 AM
Rainmaker
1,052,211
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I have a clouple clients who are 80, have but not good with computer and want hard copies of EVERYTHING

SO I will print large on legal size paper for them . . . 

PDFs can be enlarged . . . 

I WILL explain the what and why of everything on our docs! 

I INSIST that every word be read before signing!

None of this amnesia shiz!

Dec 01, 2021 08:43 AM
Rainmaker
1,543,833
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Small or large, I read before I sign and advise my clients to do the same.

Exception: online user agreements, I just click and go to work, I assume all is for sale and exposed online, which is why I employ cyber-security.

Dec 01, 2021 05:30 AM
Rainmaker
1,751,129
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

I do go through the full document with each client to make sure they understand what they are agreeing to. If they don't understand, I look for examples that explain but don't offer legal advice.  I will also encourage them to contact their attorney if they are still fuzzy. 

Nov 30, 2021 04:41 PM
Ambassador
6,393,609
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Small print is a part of our litigious society, clients expect it and move forward toward the successful house sale.

Nov 30, 2021 12:07 PM
Rainmaker
1,502,998
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I advise that if they have any questions, they should review with a lawyer.

Nov 30, 2021 11:46 AM
Ambassador
3,125,942
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

In my opinion, there is no small print, it all matters in a legal and binding contract!

Dec 01, 2021 08:49 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It drives me crazy, i say "say it like it is."  I let my clients know to read everything and if they do not understand something legal, ask a lawyer to 100% sure.

Nov 30, 2021 12:10 PM
Rainmaker
900,128
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

I say read the fine print!

Nov 30, 2021 12:05 PM
Rainmaker
7,836,425
Roy Kelley
Retired - Gaithersburg, MD

Smart consumers read documents before signing them.

Dec 01, 2021 04:08 PM
Rainmaker
763,883
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

let them know that we are in California and the government has approved all of the forms.  There wouldn't be anything in there adverse to their best interest or it would already been scrutinized.  I also said that it's a Take it or Leave it.  Nothing can be changed.  This is not legal advice

Dec 02, 2021 10:38 AM