Over the years I have been asked questions that I cannot answer because it would be a
violation of the Realtor code of ethics or civil rights law.
Here are some questions that buyers should not ask their agents because we cannot answer them, along with the answers you will get from me:
Is this a safe neighborhood? I don't know what your idea of safe is. You may want to visit the Cuyahoga County Sheriff's Office website or applicable county's website.
http://sheriff.cuyahogacounty.us/
What is the racial or ethnic makeup of this neighborhood? For me to answer that would be a violation of civil rights law.
When involved in the sale or lease of a residence, REALTORS® shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood nor shall they engage in any activity which may result in panic selling, however, REALTORS® may provide other demographic information. (Adopted 1/94, Amended 1/06)
Are there any sexual predators in this neighborhood? I don't know but you may be able to have that question answered here.
http://www.esorn.ag.state.oh.us/Secured/p1.aspx
How are the schools in this neighborhood? I don't know what you are looking for in a school system. You can visit this website to find out about the schools in Ohio.
http://www.osba-ohio.org/schools.htm
Are there any kids in this neighborhood? I don't know. You may want to drive around the neighborhood and see if you can assess that for yourself.
Here are some questions I can answer:
How many homes are on the market here?
How many homes have sold in the nieghborhood in the last 6 months?
How many homes are pending?
What is the school system in this neighborhood?
What are the taxes per year?
Is there a city income tax here?
Does this development allow pets and are there any other pet restrictions?
Is there a homeowner's association?
Can you help me find a good loan officer?
Can you help me find a good home inpsector?
There are many more I can answer but the idea here is to stick to the facts and to avoid conversations that could be a violation of civil rights law or the Realtor Code of Ethics. Then we will have a great working relationship.
If you would like to buy or sell a home in Broadview Heights Ohio or in the surrounding communities, please call me at 440-263-7496, or you may want to visit my website for more specific information on the communities I service: Brecksville Ohio Real Estate, Broadview Heights Ohio Real Estate, North Royalton Ohio Real Estate Independence Ohio Real Estate, Seven Hills Ohio Real Estate, Parma Ohio Real Estate, Parma Heights Ohio Real Estate and Middleburg Heights Ohio Real Estate. Information is obtained from Neohrex and is deemed reliable but not guaranteed.
If you would like to buy or sell a home in the southern communities of Cleveland Ohio, please call me at 440-263-7496, or you may want to visit my website for more specific information on the communities I service: Brecksville Ohio Real Estate, Broadview Heights Ohio Real Estate, North Royalton Ohio Real Estate Independence Ohio Real Estate, Seven Hills Ohio Real Estate, Parma Ohio Real Estate, Parma Heights Ohio Real Estate and Middleburg Heights Ohio Real Estate. Information is obtained from Neohrex (Northeast Ohio Real Estate Exchange) and is deemed reliable but not guaranteed and should be independently verified. Properties subject to prior sale, rental, or other status changes. All properties that are advertised as being listed or sold by Barb Szabo are in conjuntion with ReMax Trinity.
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Great post. Now if we could get the word out to all the listing agents out there...
Some of the comments I see in listings are discriminatory. Sad thing is some agents don't know what they've done.
Happy Monday!
Marvin
Good reminder about the questions that buyers ask. I like the comment that " i don't know what your idea of safe is". Thanks for the reminder.
Bonner
Hi Marvin, I know what you mean. I am shocked by what some agents say.
Bonner, We really don't know others' definitions of safe or friendly, etc..thanks for stopping by.
Great post Barb. I didn't even think about information on schools/familys with kids until I was in a local board meeting lately and the subject came up. We really do have to be careful about what we say.
Meris, So true. The littlest seemingly most innocent thing can get us into trouble.
Great post and clarification on our ethical responsibilities and the things we are allowed to answer and the things we have to avoid.
Thanks David. I try to live by the "you can't be too careful rule".
Hmmm... perhaps you could actually help your customer and be within the boundaries of the law by actually having some of the data from the sites you note available instead of having your customer help sell themselves on the property you are supposed to be "selling".
Good post, Barb. It is so easy to "cross that line" and inadvertently state an opinion (or facts) when it really shouldn't be stated. Thanks for these reminders!
Bill, if I am precluded from discussing these topics, I believe I would also be precluded from offering you information from the sites. It is up to the consumer to investigate areas of interest.
Peggy, Thanks for your comments. Yes we must be careful.
Hey Barb,
This is an excellent post to re-iterate what the safe, neutral and correct answers would be when presented with these questions. Your responses flow smoothly as opposed to stumbling over your words and fumbling around with what to say to the point of looking like you do not know the market. Directing them to information sites also gives them the feeling that you respect their intelligence enough that they can figure it out and arrive at their own conclusions. This post was very thought out -- great job again!
Thanks Khash. That's been our training for a long time.
Good list of questions not to answer. I like to say "be the source of the source, don't be the source"
Richard. I like that... a lot. Thanks for your comments.
Tere, You bring up an interesting point. So I went back to the OAR website and found that there does not appear to be anything precluding you from discussing this issue with your buyers. My feeling is it could be a huge issue to some buyers and therefore it is best if they get the information firsthand. In our purchase agreemnt we have a clause that says that it is the buyer's responsibility to investigate Megan's law and the existence or not of nearby sexual predators. It appears to be a bit stickier when listing a property.
Below is an article written by Peg Ritenour, obtained form the Ohio Association of realtors website:
"Megan's Law does not address a property owner's or real estate licensee's duty to disclose to a tenant or buyer that a known sex offender lives in the neighborhood. It is impossible to say with certainty how a court would rule on this disclosure issue as some decisions state that information of public record does not have to be disclosed and other decisions indicate that this could be found to be material information that should have been disclosed. Due to this uncertainty, if the property owner has been notified by the sheriff, the cautious approach would be to disclose this information to the buyer or tenant. Of course this issue and the brokerage disclosure policy must be discussed with the property owner and consented to. If the property owner does not consent, the broker must decide whether to comply with the owners request not to disclose or decline to sell/rent the property due to the possible risk involved."
You can read the entire article here. Thanks very much for your comments.
This is a great reminder of those questions we have to handle correctly, it is easy to let these lines become kinda vague if we are not careful, thanks for the reminders.
Steve, I think most agents do not intentionally cross the lines, but you are right we must be careful.
Barb, great answers. I like how you explained the reasons for your answers to prospective buyers... I'm bookmarking for later!
Thanks Regina. I appreciate your comments.
We end up being helpful by pointing our buyers to where they can get the information themselves. Some consumers have no idea that we are not allowed to discuss certain things and they gladly take the task on themselves once informed.
Maggie, it's all in the way we present things to buyers. As you said, give them the reasons behind your actions and most will understand and do their due diligence.