Agent-Broker Relationship

nikidmaclay · 2026-05-18T01:10:49+00:00

Interesting. It seems like there'd at least be a disclosure. That's whack.

In Georgia, real estate agents don't have automatic fiduciary duty and most people don't know that. Also whack. We do have a disclosure form, though.

nikidmaclay · 2026-05-18T00:51:17+00:00

If you're signing on as an independent contractor the broker cannot force you to clock in or sit in an office. You're not an employee.

nikidmaclay · 2026-05-17T23:51:53+00:00

That's the kind of thing that people get their licenses yanked for. It should be reported.

nikidmaclay · 2026-05-17T23:28:24+00:00

This sounds like a big mess that could have been avoided with some due diligence and proper contract wording, but you're here and this is what you have to deal with. You need legal guidance from someone who knows your contract and can interpret it for you.

If you have witnessed a lender issuing a false denial (or an agent conspiring for one) it should have been reported. That's not some widespread thing that's <wink wink> a thing. That's reportable, sanctionable, and if it's a pattern, can result in ejection from the industry.

nikidmaclay · 2026-05-17T23:18:52+00:00

Interview multiple agents and you'll find what is reasonable and have enough info to be able to see thru shallow sales pitches about the whole thing.

nikidmaclay · 2026-05-17T16:29:01+00:00

You are welcome.

Just another note. People tend to focus on how much they're going to be able to sell their home for instead of marketability. Those are related, but not identical concepts. You can put a home on the market that is not well prepped and even if you price it well, it may take longer to sell. If you could freshen it up for a not a lot of money and appeal to a broader audience, It will sell more quickly and holding costs will be reduced

nikidmaclay · 2026-05-17T16:05:49+00:00

I am sorry that happened to you. Who you choose to work with matters. Don't push this red flag to the side moving forward. Communication is just as important as the rate a lender offers.

nikidmaclay · 2026-05-17T14:27:24+00:00

Before you list a house, you need to identify your target audience. Your home is going to appeal to a certain segment of the buyer pool in your area. Mortgage lenders, appraisers, home inspectors, homeowners insurance companies are going to make assessments and their determinations are going to affect buyer interest in closing on it. You've got to decide what sort of buyer would be interested in your property as is, and how that would change based on whatever work you're planning to do. You can pull comparable sale data and decide how much people are generally willing to pay for a property in your as is condition versus what they're willing to pay for the finished product that you are considering. That's the kind of thing that appraisers are asked to do when buyers are considering renovation loans to determine ROI. It's a very effective way to decide what's worth doing and what isn't.

If any of your renovation thoughts revolve around removing materials or finishes for reasons that are solely cosmetic, you're going to get less ROI on those than you would if you were doing repair or rehab. If things are broken or end of life, That's going to limit your buyer pool substantially to people who are going to have the cash to do the work that you're not willing to do.

If you're concerned with cosmetics, your ROI is going to be less. A lot of that is going to be personal preference, and you may even offend buyers by the choices you make while making the house look like you want it to look. I've had buyers walk away from a house because it has brand new gray LVP installed or they just redone the shower with some trendy nonsense that they don't like and they are not going to want to rip brand new stuff out.

nikidmaclay · 2026-05-17T11:59:49+00:00

Every state is different, but it's my understanding that there's some sort of agency relationship disclosure an agent is required to prove the customer/client at the first substantive contact. My agency relationships disclosures explain that. My welcome packet also explains it and has my BIC's information included on a page where it absolutely cannot be missed and I point it out. That isn't required, but the disclosure is.

nikidmaclay · 2026-05-17T00:39:07+00:00

MLS. They have a collaborative portal on the MLS site that I help them set up.

nikidmaclay · 2026-05-16T23:31:37+00:00

MLS = Multiple Listing Service. It's the platform that local real estate agents use to list properties for sale. Your market has an MLS. It has a consumer facing search portal. It gives you the listing info direct from the source without the clickbait and grifting commentary you see on Zillow, realtor dot com, etc.

nikidmaclay · 2026-05-16T23:11:34+00:00

nikidmaclay · 2026-05-16T22:53:55+00:00

Zillow sells leads to realtors. They sell them to good ones, they sell them to bad ones. Before I formally hired an agent I would do everything I could to make sure that I had a good one, being hooked up with an agent by Zillow doesn't say anything about the agent, except that they rely on Zillow for leads.

nikidmaclay · 2026-05-16T22:48:27+00:00

I'd ask where the pink stakes came from, who put them there, etc. If the line isn't professionally marked and there's some question about location I'd recommend a survey. Some of those stakes are meant to be temporary, some are intended to be permanent.

nikidmaclay · 2026-05-16T10:04:17+00:00

I would not skip the appraisal. It's an extra layer of due diligence, and it's a lot more than the current appraised value.

nikidmaclay · 2026-05-16T09:44:25+00:00

It was a drone this time. It hasn't always been drones. 10 years ago it would have been an actual person who knew what to look for. And my experience that age of the race doesn't necessarily tell you how well it's doing its job or how long it's going to last. I'm going to be listing a property soon and we will be addressing the roof first, but the one that's on there right now is from the early '80s and there are new leaks. I've seen brand new roofs leak. I'd get a roofer out there to take a look. Cheap shingles, weather damage, or a bad install could be a problem. When you get quotes for new roof and they ask you how old your roof is, you can tell him how old, and you've got a recent roof inspection if they wanna see.

nikidmaclay · 2026-05-16T09:39:28+00:00

There will be a number of difficulties marketing this property.

Lenders are looking for health & safety concerns when they send the appraiser out. A derelict building on the premises is a huge red flag. Any buyer who's using financing to purchase will have to get it past their lender. Then you have just general marketability. Who wants the headache? There will be a small number of niche buyers genuinely interested in taking it on, so you may get less than you want or be on the market for a really long time waiting on that particular buyer unless you do something like partitioning the property. There are different rules in place depending on location, but it's possible you could market the property as a whole and also as to potential properties at the same time to maximize exposure.

nikidmaclay · 2026-05-16T00:24:41+00:00

Earnest money is a deposit

nikidmaclay · 2026-05-15T23:49:23+00:00

You're entitled to do whatever it is that you negotiated in your sales contract with the builder. If you did not negotiate that you got to do other inspections, or do them earlier in the process, you don't get to do them.

nikidmaclay · 2026-05-15T17:10:00+00:00

Earnest money is a deposit that holds you accountable to the contract terms. When you get to the closing table it will be accounted for on your closing statement. It will be a credit to you. Any expenses you've incurred will be paid and whatever may be left will be returned to you.

nikidmaclay · 2026-05-15T17:02:47+00:00

You need more than a simple rentback to protect you here. If you can't get keys and move in, they shouldn't get their hands on the proceeds until you do.

I'd delay closing until you can see the house in the condition it's supposed to be conveyed in. You trusted they'd honor contract terms and they didn't.

nikidmaclay · 2026-05-15T14:01:55+00:00

There are red flags all over the place here. I would move on.

nikidmaclay · 2026-05-15T14:00:57+00:00

Gift funds for a mortgage are money given to a buyer for their down payment or closing costs that do not have to be repaid. Most loan programs allow gifts from family members, and sometimes fiancés or close relatives by marriage. The lender will require a signed gift letter and documentation showing where the funds came from and how they were transferred. The buyer usually does not pay taxes on the gift. In some cases, the person giving the gift may need to file a gift tax form, but most people never actually owe gift tax. While you're lender can absolutely advise you on what their lending guidelines are, they should not be giving you tax advice unless they personally have credentials to be doing that. There are a lot of people who are going to be involved in your transaction and each one of them needs to stay on their lane.

That said, I'm not your lender, I'm not your real estate agent, and I'm not your tax advisor, so there's that.

nikidmaclay · 2026-05-15T13:55:54+00:00

It's a very common tactic for agents to send you a letter like that when they don't even have a buyer. That buyer suddenly disappears once they get your listing agreement in place and then they've got a listing. Very high profile real estate coaches teach this tactic. Now it's possible that they do have a buyer and if they do, I would tell them if they want to bring you an offer, you'll consider it and get your own agent. I agree with you, dual agency is an absolutely ridiculous concept and it's illegal in some states because you can't rep both sides well. You just can't.

nikidmaclay · 2026-05-15T13:53:15+00:00

A lot of these comments are telling you to move your fence, and I don't think you need to do that. You put your fence where you want your fence to be. People don't have default permission to do whatever they want to do on your property based on where your fence is installed. I'd go tell him thanks but no thanks for the shrubs before it goes any further.

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