Legendary Service

Many consumers do not understand the difference between a real estate broker’s legal duties and the extra services each agent offers in addition to those duties required by law. The simple fact of the matter is, once a purchase and sale agreement is completely agreed upon and signed by all parties to the transaction, the agent has completed their statutory legal obligation to their client. Some brokers continue to help their client comply to, or enforce the obligations of the contract even though they have no legal agency obligation to do so. This extra mile of service is what sets some apart from the run-of-the-mill agent.

Brokers often perform other duties or investigations, but they are only obligated by Agency Law to do so if they have agreed to that certain task in writing.  For example, when a listing broker verbally agrees to contract the services of a well tester or septic contractor or a home inspector, and they fail to do so, their client cannot hold them legally liable for negligence of duty, unless they had agreed to this in writing.  Because many extra services are unilaterally offered by brokers in our competitive market, the general public takes this for granted, thinking that these services are “what their agent is supposed to do”. Additionally, the Law of Agency clearly states, “Unless otherwise agreed, a broker owes no duty to verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the broker to be reliable”.  

Some tasks that service-oriented agents routinely offer in the course of a transaction or during the escrow period between signing a purchase agreement and closing are; Hiring and arranging access to properties for and then overseeing inspectors and contractors, negotiating work requirements, securing bids for work requirements, providing continued support and negotiating a variety of addendums for extensions and modifications to the contract, communicating with lenders and closers, etc.  I even know of brokers who have helped paint the house or help move the family into their new home!

In my company, our mission statement talks about our goal to provide “legendary service”. That sometimes is a hard task to accomplish especially when consumers recognize these extra services as “what they expect” instead of above and beyond the expectations of agency law. The difficulty of standing apart from the pack is a good problem to have! I think that is a compliment to Realtors® in general!

Jim Palmer, Jr.
509-953-1666
www.JimPalmerJr.com

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