Buying or Selling a Home/Dishonest realtors


I am a handy man in Arizona and I know a lady who is a realtor and owns a house she is selling, I know for a fact that the a/c unit will not cool the master bedroom, the foundation has a major crack in it so bad the tiles crack, and there is black mold growing behind 2 walls, and she has listed the house in perfect condition and newly remodeled witch is all false, how call I warn buyers about this, or what should I do, I do not want to see someone spending $500,000.00 on a house and find these problems later

Hello Tom - Not all agents are Realtors, only those who are members of the National Association of Realtors. These Realtors take a pledge and oath to abide by the NAR Code of Ethics and Standards of Practice which establish an aspirational ideal and minimum standards of care that MUST be followed by members. If a Realtor should fail in their obligation to abide by this standard of practice/care then a complaint can be filed with the local Realtor Association (SEVRAR, WEMAR, SAAR, or PAR) simply by calling the association and asking for an Ethic violation complaint form. Of course, the onus is on the person filing (complainant) to prove with clear and convincing evidence that the allegations purported are in fact a reality. This is done through a hearing process by a panel of the Realtors peers who have demonstrated a history of performing their personal business to this standard. This impartial panel cannot consist of anyone from the same office as the purported violator and is selected by the Professional Standards Coordinator at the local association to which the purpored violator is a member. Specifically, Article 2 of the code deals with exaggeration of facts, misleading, etc while Article 12 addresses truth in their advertising. This is the appropriate venue to address this concern, and hold the agent accountable for their business practices while acting in the capacity of a NAR Member/Realtor. Be careful of going directly to potential buyers or public announcements as this may cause defamation or be interpreted as slander. It is most reasonable and prudent to use the governing services set in place to address these issues. Having myself been a past Association President, past Grievance Committed chair, and professional standards committee member, I can assure you these individuals take purported violations seriously. Of course, after someone closes on their new home, you can speak freely with them, but be cautious of doing so prior as you may also create potential liability for yourself. To best protect the consumer, begin by talking to the agent personally and recommend they project a true picture of the properties condition, and about those issues you described. Then, if that does not work, go speak with their designated broker who is the responsible person for the agents supervision. I recommend you persue these prior to the filing of a complaint. The designated broker also ia concerned for their firms goodwill in the marketplace and hopefully thw caliber of service. Please reply if you have any additional questions or need any assistance in filing an ethics complaint. A buyers protection prior to closing is due diligence during the inspection period, and hiring a competent home inspector who is licensed and a member of ASHI (The Association of Home Inspectors). In addition, buyers receive a Seller Proper Disclosure Statement from the seller. The sellers obligation is to disclose known facts about the property which would affect the buyer's decision to purchase the property or affect the amount the buyers would have paid had they known about the defective condition. Finally, the disclosure laws in the state of Arizona, and Federally, are designed to protect the home buyer through penalizing the seller for failure to disclose which typically involves the seller ultimately paying to make repairs. Of course that process is civil. I am not a real estate attorney so this is not to be considered legal advice, however this is real estate information that any experienced Realtor should be able to provide. You can always contact a real estate attorney to seek your options and rights. Please let me know if I can be of further assistance.

Buying or Selling a Home

All Answers

Answers by Expert:

Ask Experts




National Association of Realtors Code of Ethics and Professional Standards * Contract Questions: Arizona Real Estate Purchase Contract, Exclusive Buyer Broker Contracts, Listing Contracts and associated contract documentation (addenda) as it relates to boilerplate, covenants, contingencies, procedures and procedures. * ARMLS Arizona Regional Multiple Listing questions * Real Estate Professional Standards and Practices, Ethics, Obligations, Duties * Agency relationships in Arizona, Procurring Cause * Questions typicaly arising during the listing period * Questions typically arising during the escrow period * Questions about working with a real estate agent/REALTOR * Questions Related to New Home Builders


National Association of REALTORS Board of Director (2011, 2012) Arizona Real Estate Salesperson License (1991-1995), Arizona Real Estate Brokers License (1995-Present), Arizona Association of REALTORS Board of Directors (2008-2013), Arizona Association of REALTORS Professional Standards Committee (2008-2012), AAR Certified NAR Code of Ethics and Professional Standards Instructor, Southeast Valley Regional Association of REALTORS President (2012) Southeast Valley Regional Association of REALTORS Board of Directors (2008-2013), Southeast Valley Regional Association of REALTORS Grievance Committee Chairperson (1998-2007), Southeast Valley Regional Association of REALTORS Bylaws Committee (2008-2010), Southeast Valley Regional Association of REALTORS Education Committee (2007-09), Arizona Association of REALTORS Forms Committee - Residential Purchase Contract (2005), Arizona Association of REALTORS Forms Committee - Residential Rental Agreement (2008), Arizona Association of REALTORS Forms Committee - Buyer Broker Agreement (2009), Arizona Association of REALTORS Presidents Advisory Group, Road to Professionalism (2009), Arizona Association of REALTORS GRI Curriculum Review Committee (2009), Arizona Department of Real Estate, Commissioner's Education Advisory Group Sub-Panel B (2010) Arizona Department of Real Estate, Commissioner's Statute and License Review Committee (2007)

National Association of REALTORS, Arizona Association of REALTORS, Arizona Real Estate Educators Association (AZREEA), Arizona Regional Multiple Listing System (ARMLS), American Notary Association, Southeast Valley Regional Association of REALTORS (SEVRAR), Southeast Valley Regional Association of REALTORS Women's Council of REALTORS (2010-Present), Phoenix Association of REALTORS (1994-2000, 2005-2009), Scottsdale Association of REALTORS (1994-2000, 2005-2009), Maricopa/Glendale Association of REALTORS (1994-2000, 2005-2009),

"Real Estate in 2008"- Lifebushido Publishing (Contributory Author), Southeast Valley Regional Association of REALTORS "SEVRAR Magazine", Internet Crusade, RealTown ListServe,, Active Rain

- Certified NAR Code of Ethics and Professional Standards Instructor, Graduate REALTOR Institute (1993), Certified Negotiation Expert (CNE), Over 100 Hours of annual real estate continuing education, Annual Ethics and Professional Standards Development Workshops as required by the National Association of REALTORS, Approx. 36 hours of NAR Code of Ethics training annually, Numerous IDW, Seminars and Train the Trainer programs, Business Management Degree - 1981

Awards and Honors
2009 REALTOR of the Year Award, Southeast Valley Regional Association of REALTORS (10,000+ Members), Double Platinum Production Award ($45,000,000 Sales Volume)- Keller Williams Realty Int'l (2001), Top 15 Sales Production Keller Williams Realty International (2001), Top 5 Sales Producation Keller Williams Realty Southwest Region (2001), Top Recruiter Award - Keller Williams Realty Int'l, SW Region (2002), Who's Who in U.S. Executive (1983), Who's Who in U.S. Real Estate Professionals (2007)

©2017 All rights reserved.