Am I working with an unethical realtor?

**BPCONTRACTOR** · 07-24-2008, 08:10 PM

I am interested in purchasing a condo located in a 15 year old high rise. I have been working with a licensed realtor who is employed with a major reality company. I did sign a Buyer Representation Agreement. I have been working with this agent now for about eight months. Recently I found a condo that I like, however my inspector and a structural engineer that I hired provided me with reports that stated the condo had a significant structural defect associated with the concrete floor. The high rise is basically a concrete / steel structure of approximately 30 floors. When I heard this all I wanted to do was just move on and look at other condos. However, unknown to me, my realtor discussed the structural defect with the president of the building

**minnesota-mls** · 07-24-2008, 09:03 PM

In my opinion, the job of a good real estate agent is to guide his or client from start to finish through the real estate transaction. There are some real estate agents that try to "sell" properties to their clients. Again, in my humble opinion, we as realtors, should never be "selling" anything to anyone. We need to respond to and respect our clients wishes....not try to talk them into anything.

Without knowing all the details of your situation entirely, I don't want to "throw your agent under the bus." However, I would know that the client is "the boss" in any real estate transaction. He or she controls what happens....and a good real estate agent respects this and understands this entirely.

I hope this information helps.

**Texas_** · 07-24-2008, 09:06 PM

I saw nothing in your post that was 'unethical.'

It would be unethical, for instance, for a Realtor to fail to disclose material facts about a property. So if your agent knew about the structural flaw and failed to tell you, that would definitely be a violation. But that doesn't seem to be the case from what you've described. It seems that your agent simply doesn't believe the structural flaw is significant, and isn't particularly responsive to your concerns. And I have no way of evaluating whether the flaw is significant. Perhaps it is. Perhaps it isn't.

An agent is trained to 'overcome objections.' That's part of any sales job. The question in this case, IMHO, is whether your agent is pushing too hard and ignoring what you feel is a very major concern.

If you're not comfortable with your agent, be upfront about it. If the agent doesn't respect your concerns... asked to be released from your buyer agency agreement. If necessary, call the broker. Most brokers do not want to spend their time with unhappy buyers and would likely tear up your buyer agreement if you asked.

Above all, keep your cool. Express your concerns rationally and without anger. Put it in writing to document your concerns. That might help.

Good luck!

**jamesww** · 07-25-2008, 07:46 AM

I feel at minimium your agent does not completely have your best interest at heart. If they are trying to get you to purchase the unit despite the structural flaw without requesting that the appriopriate corrections be made first then I feel they are being unethical.

I am of the opinion that there is a minimium point of ethics and then a personal level of ethics. A good agent does not just go by the level of ethics designated by the law but rather has a personal level of ethics that at minimium puts their clients needs wishes and wants ahead of their own. If your agent is pushing you to purchase a property without first having the structural flaws corrected then they are not acting in your best interest and are putting themselves before you. This is not acceptable.

If I was a consumer in your position I would go to your agents broker and request a new agent. The buyers contract that you signed is with the broker not the agent.