Metrowest Advertiser February 29, 2024

When a Realtor Violates the Code of Ethics, Clients Often Suffer. Here Are Examples.

More than once have I reminded readers that only members of the National Association of Realtors can call themselves “Realtors,” and only Realtors are bound by the Realtor Code of Ethics. Violation of the Code can subject a Realtor to discipline up to and including termination of their Realtor membership.

There are several ways that we Realtors might violate the Code without even realizing it, and since ethics complaints can be filed by clients, not just fellow Realtors, let me share with you some of the practices that constitute violations. If your agent is not a Realtor — and only half of all licensed agents are Realtors — he or she isn’t subject to the Code, but they might still be violating state or federal housing laws. See whether one or more of the following scenarios sounds like something you experienced.

ly loved my listing and needed to close because they’d be homeless once their current home closes next month/whenever. That’s a violation which I’m free to exploit by telling my seller to play hardball because of what I know.

As a listing agent, it’s a violation for me to say my seller will take less than the asking price — unless I was specifically authorized to do so. The typical authorization is that I can say my seller is “motivated.” Buyers’ agents know what that means.

Not explaining fully any document presented to a client is a big no-no and a violation of Article 9. It’s so easy with today’s electronic documents to send them by email and say, “call if you have any questions,” but we are expected to be more pro-active than that.

person who calls us or visits our open house if they are working with an agent before offering to work with them. Failing to do so could lead to “sign crossing.”

Misleading a seller on the true value of their home in order to get a listing is a violation of Article 1. The Colorado Real Estate Commission can also discipline you for this. The agent is obligated to advise the seller of the home’s value based on his or her professional expertise, and to advise the pitfalls of overpricing it.

Not presenting all offers received prior to closing is another Article 1 violation. A truly low-ball offer from a house flipper can be demoralizing, but you still have to present it unless you get in writing (as I’ve done once) from the seller that you’re relieved from presenting any offers below a certain price.

Divulging confidential information, especially if it could disadvantage your client, also violates Article 1. I once had a buyer’s agent tell me that their buyer real-

Not disclosing that I have an unrepresented buyer for my listing, if asked, is a violation. If I have a variable commission (meaning that the commission paid by the seller is lower if I don’t have to pay a buyer’s agent), I must disclose that differential. I do not have to disclose the price of each offer in hand, but I get permission from my sellers to do that when there are multiple buyers.

Not following showing instructions or showing up at a time other than what was set with the showing service is a violation.

Showing your listing on a day that your MLS listing says showings are not allowed is a violation of Article 3.

Not disclosing the status of a listing, for example if the home is under contract, is also a violation of Article 3. I’ve had listing agents tell me they weren’t going to change their listing to “Pending” on the MLS until the earnest money was received or inspection objection passed. The MLS will also discipline an agent for that.

Not getting verbal agreements in writing is a violation of Article 9. I always request at least an email instruction from my client, and I create amend/extend documents when appropriate.

Solar-Powered Home With Hyatt Lake Membership

Article 12 of the Code is about “truth in marketing.” Misrepresenting one’s level of success is a violation of this article. There’s a bus shelter ad I have seen for years by an agent saying he’s the top agent in our county, but I did the research, and it’s not true. That’s a violation not only of Article 12 but of real estate commission rules (as are most Code violations).

I once complained to the commission about bus benches on which an agent claimed he sells a home every 4 days. It wasn’t true, and he had to change them.

Knowingly giving inaccurate information about one’s listing is another violation of Article 12.

Inducing a client to terminate if you change brokerages is a violation of Article 16, as is soliciting a listing that is currently subject to an exclusive agreement with another broker. Another broker’s unhappy client can call you, but you can’t call them. Also, we must always ask a

When a listing expires without selling, the homeowner can expect to be deluged by phone calls, texts, letters, postcards and even door knocking by agents whose business model involves soliciting expired listings. When one of my listings expires, I tell the seller to be prepared for that deluge. A common error by such agents is to fail to check whether that listing is already active on the MLS with another agent or brokerage. Another error is to mistake the “withdrawn” status for the “expired” status. “Withdrawn” indicates that while the listing may be withdrawn from active status, it is still subject to a valid listing agreement. When you get such a solicitation, get the name of the agent and share it with your listing agent so he or she can at least contact that agent and tell him/her of the violation.

As I mentioned above, non-Realtors don’t have to abide by the Realtor Code of Ethics, but, as I also said, many violations of the Code are also violations of law and/ or real estate commission rules. They depend on you and me to report violations.

This & That: Other Topics Worth Taking Note of...

Propane Is Proposed for Home Backup

6127

High-end improvements and Hyatt Lake membership make this home special. At the end of a cul-de-sac, a gate on the back fence draws you to Hyatt Lake for swimming and non-gas-power boating, paddleboarding, and fishing. The seller-owned rooftop solar panels, not visible from the street, meet most or all of this home's electric needs. Although it’s a 2-story home, the primary suite is on the main floor with its own access to the 16’x16’ covered deck. Two guest bedrooms with a shared bathroom are on the top floor, and a 4th bedroom is in the walkout basement. The seller is a woodworker, and his work and attention to detailed improvements is visible throughout, such as the hanging shelves in the great room. His workshop (not included) takes up one space of the 3car garage which is heated and cooled by a mini-split unit. A Tesla charging station in the garage is included. The kitchen has special touches, too, like the quartz countertops, undercabinet lighting, Schuler brand ultra-high-end cabinets, Bosch superquiet dishwasher, LG refrigerator with a cold-saver door. The upgrades are so extensive that I urge you to look at the room-by-room details spelled out on the MLS and at JeffcoSolarHomes.com. There are also two narrated video tours for the same reason — one for the interior and one taking you on a roundtrip walk to Hyatt Lake through open space to which this home backs. Call Kathy Jonke, 303-990-7428, to see it.

An article on CustomBuilderOnline.com argues that propane is the ultimate uninterruptible energy source, and it actually makes some sense and will appeal to people worried about natural disasters disrupting the power grid. The article makes the point that having a tank of propane on your property plus a propane powered electric generator can keep you warm or cool and able to cook even if you have an all-electric home. Because propane does not degrade and can last forever in a tank (and can supply gas at even the lowest temperature), it’s the best way to make sure life goes on for you, no matter what happens with other energy sources.

Passive-Certified Homes Built in Boston

An article on ProBuilder.com reports on three certified passive-house homes built in Boston MA by Brucewood Homes. Architect Mike DelleFave says they achieve PHI-certified status by adhering to three passive house principles: air-tight construction, highperformance windows, super insulation of the building envelope, thermal bridge-free

framing, and heat recovery ventilation. All three 2500-SF homes were sold for about $1.4 million each before they were completed, proving the demand for such homes.

Seniors Get Roommates vs. Downsizing

A Denver Post article last week told of a non-profit which helps seniors living alone in a big house to find roommates, not just for companionship, shared expenses and mutual caregiving, but as a way to “age in place” instead of selling and finding a smaller resident or apartment.

This reminds me of how I, a bachelor at the time, justified my first Denver home purchase in 1997. I asked a male friend, Dave Garton, if he would be interested in sharing a home if I bought it. He said yes, and I bought a home with a walk-out basement. We shared the kitchen, but we each had our privacy. When I met Rita, Dave bought his own home and Rita and I bought a new house.

Links to all three of the above articles are at http://RealEstateToday.substack.com. I welcome your topic suggestions!

KATHY JONKE, 303-990-7428

COLEMAN Joseph

June 19, 1949 - February 11, 2024

Joseph “Joe” Coleman, born on June 19, 1949, grew up in Mount Caramel, PA, passed away on Super Bowl Sunday, February 11, 2024. He was the beloved husband of Marcia Coleman for 49 years. Joe was the loving father of Kristina “Kristi” Evans and cherished Gramps of Sawyer and Adele. He is also survived by his sister, Patricia “Pat” Coleman.

Joe graduated Mount Carmel Area High School before embarking on a journey marked by dedication and service. He spent 3 years with a full-ride scholarship to Villanova University studying mechanical engineering and later served his country in the Army as a Military Police O cer during the Vietnam War. Following his military service, he graduated with an associate degree from Denver Automotive and Diesel

roughout his career, Joe found

ful llment as a truck driver, primarily as an owner-operator. His commitment to his profession was ambitious, and he earned the respect and admiration of colleagues and

Beyond his professional life, Joe had a wide range of interests and hobbies. He had a passion for world travel, camping, boating, bowling, and cribbage. At home Joe loved watching football, especially the Denver Broncos. Joe also had a deep appreciation for food and cooking, specially enjoying his Mother’s Lithuanian recipes. He was a friend to all, known for his warmth, kindness, and generosity.

In lieu of owers, donations to Collier Hospice Center in Wheat Ridge or Eagle View Adult Center in Brighton would be greatly appreciated, honoring Joe’s generous spirit and commitment to community

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The property is 1,531 square feet with a 560 sq. foot ADU with 2 car garage and space for RV parking--the unit has solar.

The property is best as an investment property with the main unit renting out as a Short Term Rental for around $5000/month. The ADU will rent out $4000/month for a total of $9K/month. There are so many individuals and families that want to come to Colorado for an adventure and see Red Rocks Parks, Garden of the Gods, The Air Force Academy and of course check out our great skiing and beer. We will list the property on Air BNB and or VRBO for no charge and run the rental for 90 days at no charge and hand over to you turnkey.

The property has an amazing open space kitchen with a large master bed room, large walk in closet and wow en-suite.

bathroom. The property is superb for entertaining with a large deck and breakfast nook.

The 2nd buyer is a young couple that would live in one unit and rent out the other to cover their payment. We are offering a 2-1 buydown for a full price offer. The interest rate will be around 5% in year one and 6% in year 2.

The 3rd buyer is a family care situation where one will support the other but do not want to be too close.

The last buyer would be a mid to older age couple who would like to have additional space for guest and for them to have private space. The home is all on one level.

Any buyer who does not take the 2-1 buydown and does give a full price offer will get a custom package for $20,000.00. The upgrades could include and of these: Private garden, custom front porch, hottub, man cave in the garage or custom tile and paint throughout the home, RV parking or off street parking for the ADU.

Please call Alan Davis at 303-378-7537 or alandavis@levelengineering.com