The article in the weekend paper written by Tony Wong pissed me off. The scope of the article was much too narrow to tell the whole story. Here's my response.
Tony:
All this Competition Bureau mumbo jumbo makes good press but won’t help the public as much as you and the general public think. There are a few good stories embedded in the big story if you’d stop and take a look.
For example, how will the public use this new found access to the MLS site? Will the information they enter be verifiable in any way? I’m thinking the public will have to be reminded often of the term, “buyer beware”. As it is now, as you must know, all information on the MLS site must be verified by a licensed Realtor. Not only that, the Realtor who enters that information is “liable and accountable” for it’s accuracy. In other words, if he/she says the electrical is 100 amp and it’s discovered to be on 60, he/she’s on the hook for the cost of the upgrade.
I haven’t heard any mention of checks and balances regarding the published data on a house once these new rules are in place. How will these disputes be resolved? Litigation? You might want to ask Melanie Aitken, the Commissioner of the Competition Bureau. I understand she’s a litigation lawyer.
Much of my day is spent protecting the interests of my clients. For example, if the listing describes a mutual drive as a Right-of-Way, I have to double check that before I draft the offer. If I describe it inaccurately, this might interfere with the closing. Who's going to do this for the general public who have no representation?
So here’s a suggestion for an article… tighten up the licensing rules.
Here are a few ideas:
Most Realtors hardly sell anything at all. 60% of agents on average sell less than 4 houses each year. To them it's a hobby. Since when is drafting contracts for many hundreds of thousands of dollars a hobby?
Realtors aren't like travel agents selling $500.00 airline tickets. They sell major assets that for most people represent their entire worth in the world. These consumers must be protected.
Begin by raising the bar by demanding better education (at least a university degree) and much better training. How is it that a 25 year old high school graduate can get a license to sell real estate in only a few weeks and immediately begin negotiating contracts that are staggering in their size? How is a Realtor supposed to negotiate with a fellow licensed Realtor who has no command of either of the official languages?
Once a Realtor has a license to be a Sales Representative, they should enter an apprenticeship program and not be allowed to trade in real estate without a mentor. This would allow them time to learn the trade and elevate their accreditation to the level of Broker.
The Broker of Record is most often the owner of the franchise. They are the person legally responsible for all activities and transactions that occur under their banner. It's impossible for them to supervise a new agent on a day to day basis. They often have no idea what their agents are doing until it's too late. Get rid of this Broker of Record system and require that the agents be responsible for themselves. If they screw up, make them pay the price.
Increase and legislate the penalties for rogue Realtors. Bring on lengthy suspensions for unethical practices.
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