AboutRussel Ray Expertise Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run.
I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more.
I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.
Experience Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.
Organizations National Association of Certified Home Inspector, Better Business Bureau of San Diego
Education/Credentials Graduate of Texas A&M University; College Station, Texas
Question Hello. We just listed our home with a realtor that I've done business with in the past and have had great results. This third time has started off really rough and I am very dissatisfied and want to know what my rights are. For instance, when we met to sign the listing contract, he forgot the home disclosure page and it took over two weeks from signing to get the missing form to us to sign. It then took another couple of weeks to get it posted on the MLS. He came over to the house and took plenty of pictures and as we waited (almost a month) for the MLS listing, valuable time was lost. Once it was posted, I was shocked to see how poorly he had showcased our home. We live in an exclusive golf/gated community and our homes are very nice here. He didn't even post pictures of the master bedroom and master bath! He listed our home as having a 1 car garage instead of the 2-car garage. We haven't had anyone come see the house and it's been 2 months. I know the market isn't at its peak, but I'm seriously thinking that due to his "minor" mistakes when he listed our home, it has lost some of its potential. I know 2 months on the market isn't long... but the 2 months isn't really how long it's been on the market, it's 2 months from when we first signed the contract with him. The house has only been on the market for nearly 1 month. We're in a 6 month contract but we're moving (military reassignment) and can't afford to waste time with a realtor that isn't motivated to pay attention to detail. Do I have any rights due to his multiple mistakes?
Answer Hey, Gina.
Sorry to hear about your troubles.
Generally, you can fire a Realtor if they have not performed satisfactorily, but it's the definition of "performed satisfactorily" that can sometimes be problematic, as well as the actual terms of the contract and the laws of the state in which you live.
First, I would immediately make an appointment with your Realtor and seek a new contract with a lower commission. Tell him why (see your list above).
If, however, you have already decided that you don't want to continue to do business with that Realtor, ask him for a full release from all terms of the contract. Tell him why (see your list above). You might need to hire an attorney to make sure that you have full release before you sign anything and/or meet with his broker to make sure that you have full release.
If he balks on doing whatever it is that you want to do, immediately make an appointment with his broker. You should definitely get action at that point.
If none of those three work, you will definitely need an attorney to help you exert your rights.
