by K. Michelle Lind, Esq., AAR Chief Executive Officer

A broker must communicate a great deal of information to the client and has a duty to exercise reasonable care in obtaining and communicating that information. Therefore, ensure that any information provided to the client is objective and accurate.

Resist any temptation to provide advice that is outside the area of expertise for a real estate licensee. Recommend other professionals when necessary to perform inspections and investigations or to provide legal and tax advice.

Always assist the client in verifying information when you have reason to question the accuracy of the information being provided and when the client has questioned the accuracy of the information.

Of course, communication includes disclosures. A broker is obligated to disclose all known material defects existing in the property. If you have to ask whether a fact must be disclosed, the answer is probably “yes.”
Many claims and disputes arise from anger and frustration related to lack of communication. An unreturned phone call or unanswered question can cause a client to become angry and suspect that the broker is not being forthright. Therefore, return phone calls as soon as possible and always follow up on a client’s questions and concerns.
Communicate in person or over the telephone when possible. Utilize email and other written communication only to confirm or to follow-up on conversations.
Finally, documentation plays a key role in defense of a claim or lawsuit. Always take the time to follow up important conversations in writing and document your disclosures, recommendations and advice.

“This article is of a general nature and reflects only the opinion of the author at the time it was drafted. It is not intended as definitive legal advice, and you should not act upon it without seeking independent legal counsel.”

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What does it cost to have a quality, electronic signature program available as often as you need it?  If you’re an Arizona REALTOR® member – nothing!  As an Arizona REALTOR® member, you’re provided an unlimited usage, AAR eSign account at no additional cost.  AAR eSign is powered by GoPaperless, one of the premier providers of electronic signature services in the market today.  Compared to prices paid for other systems, it’s a bargain that’s hard to beat:

AAR eSign (AAR members)         $    0.00 per year

GoPaperless (non-members)          $120.00 per year

EchoSign                                         $179.40 per year

DocuSign                                        $240.00 per year

And to make it even easier to use, support and training are provided by your Arizona REALTOR® Business Services support team.  If you’re an Arizona REALTOR® member, you already have an account.  Need help getting started or have questions on how to use AAR eSign?  Simply contact the Arizona REALTOR® Business Services support department at support@aaronline.com or (866) 833-7357.

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Legislative Victory for REALTORS®

December 18, 2014

Mortgage Cancellation Relief Passes Senate The Senate passed mortgage debt cancellation relief as part of a large “tax-extender” bill just before adjourning for the year, giving REALTORS® a hard-fought legislative victory. The provision prohibits the IRS from taxing debt lenders forgive in a short sale, foreclosure, or loan modification for the 2014 tax year. The […]

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Photographs and Copyright Infringement In Real Estate Marketing

December 17, 2014

The use of the internet as a marketing tool for real estate professionals continues to become more and more prevalent.  No doubt, there are countless studies evidencing the fact that the use of high quality photographs and videos reduces the length of time it takes to sell a property.  While perhaps not commonplace, it is […]

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FHA’s Waiver of the Property Flipping Regulation is Scheduled to Expire

December 12, 2014

On December 9, 2014, the Federal Housing Administration’s (FHA) Office of Single Family Housing announced that the temporary waiver of the property flipping regulation is scheduled to expire on December 31, 2014.  This deadline means that sales contracts executed after 11:59 pm on December 31, 2014 for properties that were previously acquired by the seller […]

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TPT update for property managers

December 10, 2014

In recent weeks, our members who practice property management have been asking how the Transaction Privilege Tax (TPT) reform is going to affect them. Though the legislation was signed into law in 2013, the rollout and implementations of the changes are still in the works. The Arizona Association of REALTORS® (AAR) has been working with […]

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