Right now I am working with a couple..well...a couple would be stretching the truth...OK..let me rephrase and say they were once a couple but no longer married...a divorced man and woman...utilizing the same attorney.
Sounds fine right? Nope its trouble...the attorney is a personal friend of one of the parties...there are parents involved...it probably was ugly...the divorce that is. It's clear by the conversations I have had...I'm speculating...but in this instance...I was right.
This lovely couple is placing their property into short sale...the attorney requested all info for the short sale package...one of the parties felt uncomfortable providing the information needed...you know the hardship letter...financials...for fear their divorced spouse would know more...more than they should..after all these parties are divorced. The sad part is the spouse was correct.
This attorney shared financials and the hardship letter with the other spouse and who knows if the parents were party to the information. You can imagine the pain and embarrassment the other party felt.
Certainly A Lack of Professionalism
Right now I am trying to list a property for someone who is anxious to sell...somehow..someway their property listing was extended as a seller you have the privilege of cancelling your agreement..it might come with a cost such as a withdrawal fee..sometimes customers are willing to pay...because of lack of follow through..and time lost on the market.
When the seller tried to contact the agent...the agent spoke to them once....once the agent found out why...it got ugly and now the agent won't take their calls.
Definitely A Lack of Professionalism.
Remember one thing...reputation management
You are only as good as your last transaction....you are only as good as how people remember you..you may think you are doing right by representing your friend...but you did wrong by breaking your oath...whatever happened to client confidentiality...and if you the attorney is reading this...shame on you, to me you do not deserve these clients or any clients for that matter. You deserve to be reported and taught a lesson so that you do not do this to another unsuspected party.
The same goes for the listing agent who is afraid to speak to their customers...deep down they know they did a disservice otherwise they would take the calls. This is wrong and it really offends me, it makes us all look bad and gives us a bad rap.
The world of real estate can be challenging enough even working with those with high levels of professionalism. These days many sellers aren't really happy selling their property..it sure would make profit losses and mortgage shortages a lot easier to swallow...if only those serving the public would do just that. Serve the public...honestly and fairly.
Do I sound whiny? Nope just giving fair warning... Selling real estate today is not an amateur sport. Make sure and hire a true professional!
Midori Miller is licensed in the State of Florida, BK645709 and currently hangs her real estate license with CENTURY 21 Sundance Realty. Midori is also a real estate trainer and an ActiveRain Ambassador and specializes in short sales for Daytona Beach real estate sellers. If you are in the market to buy or sell real estate in Daytona Beach, Florida..please contact us!
ugly situation all the way around
It alll bois down that if we get up morn and sdoour west we are inturn able tp feel free that way had made a differerecein a earlier rate
... it still amazes me how many in our industry are still so quick to drop any professionalism or thought for their reputation these days.
Hope you are well Midori !
Midori:
Hmm, sounds kinda ugly. But the attorney was hired by both parties, it seems, rather than representing just one. So sharing the information with the other party might, in that case, not be any sort of violation. Ethically and professionally it stinks but if s/he worked for both home sellers (which was the REAL mistake to begin with) and without any attorney client privelege specific to one or the other, I'm not sure there is a problem. But perhaps I am missing something.
Jeff
Wow, it is amazing what goes on and the stories you hear!
-David
The attorney representing both sellers..let me clarify both sellers...and when one of the sellers specifically put it in writing not to disclose information to the other...the attorney did it anyways.as a matter of fact..it became a joke..I found it offensive..sorry no matter how you slice it..its wrong..what purpose does that serve to disclose to the other party? I don't quite understand how anyone could think this was ok. The mistake that was made...was to allow a family friend represent them.
Midori,
Life is full of surprises. I would not be surprised that the attorney got into that as a friend and got sucked it. That happens. There are plenty of awkward situations. Often people get into that because they are at a point when they do not have the money to do everything the "right way".
Good point Jon...just so you know...it was not a local attorney! :)
BTW Jon this attorney is being compensated very well..I was shocked at the fees!
All I can think is ... ain't marriage grand. [Sorry, but I think you know what I mean. ;-)] Attorneys do tend to make hefty fees; however, their educational requirements are certainly more than a realtor's. Our real estate licensing testing and educational requirements should be much stiffer.
It would be nice if the deals were simple, cash transactions....Of course if the deals were all easy then the professionals would not be the ones who are succeeding!
Midori did you happen to call NAR or FAR legal hotline to see about this request for the short sale package and the recommendation to comply since you can be drawn into this nasty web beyond disposition of the property at some future date?
Bill-Just fine...getting busier and loving it!
Gary-if only right????
Susie :) Love and marriage..lol....I have no problem with an attorney getting a fee as a matter of fact...if the customer agrees It really is not my business...I'd rather see a customer pay than have an attorney friend do a favor.
Eileen-Its fine....the attorney was hired to negotiate the short sale its just the attorney took it upon themselves to share the info...with the ex spouse. Not cool.
I knew this would happen...divorce seems to bring out the worst in people sometimes..but I appreciate the concern.
This kind of situation is never pretty.... hopefully the end results will be best for everyone.
Wow that is really, really weird an attorney would represent both parties. I just can't imagine that .
Using one attorney FOR the divorce is not sooo uncommon here...using one AFTER...yicks ! Now the lawyer is treading on the "nobody's business and client privilege trail" I would think...can you spell Bar Ass'n Squeal ?
Midori - I didn't realize attorneys could even do that, it seems they would have to realize that they would need both parties permission before releasing information to the other side. Sounds like they could have some issues if one side isn't happy when this is all over.
Good points to ponder. There are people who truly don't follow this. I'm working with someone who should read this.
Midori --- I would think that for one attorney to represent both sellers in this case would be unethical --your story is sad, but unfortunately, I can see this happening. Yes, our entire profession suffers when things like this happens.
Mama Liz
Been there... dealt with that. I'm shocked by the ways some people choose to sell out their professionalism.
Midori- I hope you will stop over and visit my blog today. I just posted how professionalism has been lost in social media when we try to mix business and pleasure without thinking that there is a human side that you probably DON'T want people to see.
*OUCH* Unfortunately, your post is a reminder of some of the reasons that Realtors and attorneys have such a bad reputation...