El Dorado Hills Realtor ashamed of the industry
Ask Miki
When Michelle Obama said, “Let me tell you something, for the first time in my adult lifetime, I’m really proud of my country,” it pinched a nerve in many Americans. I’m one of them. In this week’s column, a local Realtor dares to deliver a pinched nerve to industry professionals by declaring her shame of the real estate community. ~ Miki Dear Miki: I have never been more ashamed as I am of the real estate community. Hopefully, with tougher laws and more emphasis on consumer protection like implementing a hotline or some method to report real estate misconduct by industry professionals, we can combat future crises like those being experienced today in the market and help to restore the overall reputation of the profession. Reporting misconduct I have found has been useless. Mandatory arbitration via the realty boards offers no solution or deterrent to unethical practices. In fact, in some ways, I believe that they actually are to blame for the unethical conduct escalating. I am actively lobbying for improved consumer protection measures — specifically for new safeguards to be implemented that will provide an avenue for both consumers and real estate professionals with a tool to report industry misconduct that will actually do some good. It is time that the real estate community, California Association of Realtors and the National Association of Realtors acknowledge that the status quo is how we got into the real estate crisis to begin with and change is long overdue within the lending and real estate professional community. So I am taking action and understand that positive changes take time and patience and I have both and with your help the bad apples will continue to fall off the cart. (In a follow-up correspondence, the letter writer clarified some of her remarks…) The only thing a Realtor who has experienced unethical misconduct can do with regards to reporting is file a complaint with the local Realtor association such as El Dorado County Association of Realtors, Placer County Association of Realtors or the Sacramento Association of Realtors. The matter is reviewed and if it meets the very stringent criteria, it is subject to resolution through arbitration — this is not exactly sending the message to the lenders and realtors out there to stop or to beware. In fact in my opinion it’s a joke. The California Department of Real Estate won’t handle these types of complaints and have referred me and others back to our local Realtor association. For some of the extreme cases, the DA’s office may intervene if the conduct meets the criteria to be deemed criminal — or the injured party can pursue a civil complaint; but the methods available are those same methods that were in place prior to the real estate meltdown and mortgage crisis. It seems logical that by now with all the talk regarding the mortgage crisis and the economic downturn, there would be a move to implement more safeguards and protections to catch unethical conduct before another crisis ensues involving the industry. The wheels turn slowly, but I believe the industry needs to steer toward more consumer protection that also includes improving the reporting and investigating of misconduct. The old system didn’t work then and it’s not working now. Alexis A. Moore, El Dorado Hills Lexi.Moore@yahoo.com Dear Readers: It’s my experience that Realtors are harder-working than many professionals and held to standards that are often higher than their compensation. Of course, in any profession, there are always a few dirt bags you stumble over and wonder how they manage to stay in business. Could it be the system? Are there any pinched nerves that would like to respond to Ms. Moore? I’m not holding my breath for the brass at the local realty boards or Department of Real Estate. Ask Miki is a column of opinion and entertainment, and anything herein is not intended for real estate, financial, psychological, legal, or tax advice. You may contact real estate agent Miki Garcia at askmikigarcia@yahoo.com.
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Dear Readers:
If this column generates your wanting to express your opinion or share an experience, it couldn’t please me more than to receive your email.
From my cursor to yours,
Miki
askmikigarcia@yahoo.com
Dear Miki,
You are right. There are dirt-bags in every industry. A telephone Hotline is a great idea, but then again, who would monitor it? The CAR and the NAR? If so, then we would still have the problem.
The RE market is a mess. I say "know your enemies" when conducting business. People, including realtors, are desperate now - and desperation causes all sorts of unethical conduct. We all know this. So I say move on, keep doing the best job you can to maintain your own dignity and always be ethical. This phase won't last forever. Obama is in for 4 years and I think he'll be out in 4 years. Until then, welcome home! SM
Response to Josheel:
Dear SM:
The reportage and investigation of misconduct within the lending and real estate community were in place before Obama took office. Ms. Moore says it this way:
'...the methods available are those same methods that were in place prior to the real estate meltdown and mortgage crisis. It seems logical that by now with all the talk regarding the mortgage crisis and the economic downturn, there would be a move to implement more safeguards and protections to catch unethical conduct before another crisis ensues involving the industry...'
Of course, it's now on Obama's watch.
From my cursor to yours,
Miki
askmikigarcia@yahoo.com
Email sent to askmikigarcia@yahoo.com:
So Michelle Obama is saying that most of the people, which I believe were duped, were idiots? Whom does she believe her husband's constituents were??? Also, does she think that she does not have the crooks and upper class going for her husband......................duh???
C. M.
Miki,
I just saw this article and can't help but comment. I've been selling real estate in this area for the past 10 years and have been an active participant on the Ethics & Grievances committee for the Sacramento Assoc. of Realtors for the past 3.5yrs. I understand Ms. Moore's frustration but she needs to be reminded that we are a "self-governing" board. If she wants to change the system then she needs to be involved. If she sees unethical behavior then she needs to report it and provide documentation to back up her claim. I used to feel the same way about some of my colleagues but it wasn't until I suffered at the hand of these nimrods that I finally got involved.
Another point is that not all real estate brokers/agents are participating members of the local board. We have rogue agents who do not abide by the professional standards set by our boards and so there is no recourse for agents or consumers when they have suffered lose due to their negligence. There have been many times that our board liaison has had to inform consumers that there is nothing we can do other than to direct them to the Dept. of Real Estate to voice their complaint. My advice to consumers would be to check that your agent is a member of the local board because if they are not then you have no one way to hold them accountable for unethical behavior.
Beth Mergens
Broker Associate
Remax Gold Folsom