What can you really demand from the real estate agent when you buy or sell a home?
We usually use real estate agents when the house is to be sold. In the vast majority of cases, home sales are fine, but sometimes it is wrong, even from the broker’s side.
Both buyers and sellers can complain about the property broker’s mistake.
Has the real estate agent been negligent and you as a buyer or seller suffer an economic loss, the broker will be liable.
Real estate agents have a comprehensive regulatory framework to deal with when selling housing, and it is constantly sharpening what requirements should be made to the profession. For a long time, there have been both written and unwritten rules on information duty for the industry.
This is what we complain about
Secretariat Manager of the Real Estate Brokerage Service, Liv Østgård Fagerland, says that they have registered 98 complaints received so far this year. This is virtually unchanged from previous years.
– Of these, 41 are currently processed and 11 complainants are granted.
– For cases handled in 2011 (cases received in 2011 and earlier), the case types were distributed so that most of the cases were:
- Discontent with case processing, including advertising and handling of buyer / seller relationship then
- Incorrect / missing information
- Broker’s allowance / remuneration / fee
Struggles free of charge
Director of the Norwegian Real Estate Association (NEF), Finn Tveter points out that the number of complaints should be based on the number of sales through broker in the same period.
– We do not have exact figures for 2012, but in about half a year, the sales traded around 75. 000 homes (2012).
– Accordingly, the complaints board received 98 complaints, which means slightly more than 1.3 complaints per thousand sales.
Tveter says that they will always strive for a complaint-free transaction.
– With the complexity of a brokerage assignment, we must say that it is the brokers’ considerable competence, which means that we actually get relatively few complaints about brokerage services.
– Of course, there are even fewer who get hold of. This is also due to the fact that many complaints are cleared by contacting the broker and that is good.
Not the same as the seller’s responsibility
Hogne Sandanger runs the website of your residence attorney. no. He tells that home buyers who discover shortcomings at the home they have bought, often refer to brokers.
– It is important in this connection to note that broker liability must not be confused with the seller’s liability for deficiencies (if the property is not as agreed).
Broker is out of the legal relationship between seller and buyer.
Therefore, Broker does not read for lack of housing, he explains to Bonytt. no
The broker is responsible for ensuring that all relevant information that he receives comes in the ads or sales documentation – or is available.
Tells the seller that there is a water leak in the bathroom, the broker is obliged to forward this information to the buyers.
The broker’s duty to provide information is parallel to the seller’s own information responsibility, so that in some cases both the seller and the broker can be held responsible..
The broker is responsible for the information he has received from the taxpayer.
Tveter points out that the actual content of the tariff is the responsibility of the taxpayer.
– The broker is obliged to check and transmit information from the taxpayer but is not responsible for the taxpayer’s information unless the broker should have discovered a mismatch in his control, explains the director.
The real estate agent is also obliged to check public papers as the basics and regulatory plan.
If the broker has forgotten this, the buyer will almost always agree with the complaint .
Seller has primary responsibility
Sandanger points out that broker inquiry is limited.
– In general, the broker will not be charged for incorrect and / or home sales reports obtained from authorized taxpayer. In such cases, claims for compensation must be directed to the seller, possibly the taxpayer who has prepared the tariff.
However, the property broker and / or his employer may be liable if the seller and / or buyer has suffered an economic loss due to the fact that the real estate agent has acted differently than he should, explains the lawyer.
Rotate in bidding and settlement will replace
Rotate the broker into the bidding or settlement, he usually becomes responsible. Another problem is allegations of fictitious bids.
In hot bid rounds, it is claimed that the seller or broker has submitted fictitious bids to drive the bids and get a higher price.
– Real estate agents are obliged to provide both purchasers and sellers access to the bidding journal without undue delay after trading has been completed, “explains Sandanger..
– This allows the buyer to check that all bids have been real. Other bidders may also, after the bidding round end, require access to the bidding journal in anonymized form..
If you want your real estate agent to meet yourself and not a helper, ask for this.
The real estate agent must bring an adequate number of sales assignments with attachments on display, based on the interest of the property you can expect. Interested parties should be able to access the sales task with attachments and, if applicable, the rate / condition report and other documents before the display.
It is especially important that those who are interested have this information before bidding starts.
Signatures usually take place shortly after the bid is accepted. Both the buyer and the seller should request a draft contract for review before you meet to sign.
The contract should reflect what has already been agreed. Should there be new or divergent information at the contract meeting of importance to the sale in relation to the premises of the bid, it may provide grounds for renegotiating the purchase agreement in whole or in part.
If you still think something is unclear, clear the relationship and take any reservations before signing the contract. Once the contract has been signed, it may be very difficult to make a current act as you knew at the time of the signing of the contract..
The real estate agent does not have to be present when the buyer takes over the property, although this is recommended.
The accommodation is taken over when the keys are delivered and the buyer has done the check to check that everything is as agreed.
A protocol should be made upon acquisition, as both parties should sign.
You should do this anyway:
- Enter a written agreement with the real estate agency
- Always carefully review all the points in the contract before signing up, and ask the real estate agent if there is anything you are wondering about.
- Agreement how long the assignment should run. It can run for up to six months. What will the terms mean for the sale of your property or property?
- Do you need a whole “market package” where everything from preparation of sales assignment, ads to view, etc. are included, or do you want to cover your ads on a continuous basis or take the view yourself?
- If you sell a remote cabin, you may want to limit your ad spend or request a settlement assignment and find a buyer yourself.
Source: Consumer Council. no
If the buyer has something to note regarding the home (for example, badly washed), this should be specified in the takeover protocol and, if applicable, what requirements will be made for that reason, for example, to retain a portion of the residual amount to cover repair costs.
Do not pay too much
Attorney Sandanger advises you to contact more real estate agents on price so you make sure you do not pay more than necessary.
– Remember to ask for price offers from the various real estate agents set up to make it easier for you to compare price.
Find Tv in NEF points out that looking at the broker’s price to sell the property is not a right assessment.
– The important for the seller is what he is left with after the sale, ie, the price achieved minus the cost of the sale and with the least possible problems for the seller in the process.
– Then a more expensive broker can often be the right choice. The seller should be careful to ask how the brokers will solve the sales engagement and choose who he trusts. Recommendations from others in the area that have tried the broker are often a good criterion for the choice.
If you are dissatisfied with the real estate agent, you must first appeal to the broker. If you do not arrive, you must submit a written complaint – you will also provide documentation for any further processing of the complaint.
You can use the Consumer Council’s standard letter of complaint.
If you do not agree, you can bring the complaint to the Complaints Board for Real Estate Services.
Sources: Housing Attorney. no, lawyer. no, ba24. no, the consumer council. no
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