Gene,
I respect your opinion but I respectfully disagree with you. This is not a matter of hand sitting for myself, Julie or any other Realtor that may comment. With state licensing and participation in the National Association of Realtors come a set of laws and rules, as well as meaningful penalties for willfully or negligently ignoring those rules. To say that erring on the side of caution is hand sitting, I guess, is a matter of interpretation, especially when my reputation and my ability to practice are at stake.
It's my belief that your comment is slightly out of context. Let's look at the entire paragraph that you quote: "Realizing that cooperation with other real estate professionals promotes
the best interests of those who utilize their services, REALTORS® urge
exclusive representation of clients; do not attempt to gain any unfair
advantage over their competitors; and they refrain from making
unsolicited comments about other practitioners. In instances where their
opinion is sought, or where REALTORS® believe that comment is
necessary, their opinion is offered in an objective, professional manner,
uninfluenced by any personal motivation or potential advantage or gain."
The focus of this paragraph, in my opinion, is in regards to Realtors cooperating amongst one another and encouraging consumers to contract with their Realtor of choice. In the paragraph prior to the one I quoted, it also states, "...REALTORS® continuously strive to become and remain informed on issues affecting real estate and, as knowledgeable professionals, they willingly share the fruit of their experience and study with others." If we were to take this Preamble statement out of context, apply it to this and countless other Trulia questions and situations in public, we would still be ignoring Article 16: REALTORS® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with clients.
When Ira stated, "My realtor says...", the implication is that Ira is represented. If Ira were to return to this Q&A and state that there is no Agency Agreement or Contract that binds Ira to this Realtor, then I would find no more pleasure than attempting to help Ira. Why would I possibly want to sit on my hands and not help Ira, being that I make a living representing buyers and sellers?
So, Ira, the ball is in your court. Gene's comment required clarification of our actions, and to help you, we would require a clarification of your relationship with your Realtor.
Also Gene, although it has no bearing in this situation, another useful document is the Washington State Law of Agency, which you can find here:
http://www.jasonmook.com/index.cfm?fuseaction=about.ContentF
- Tue Aug 26 2008, 11:09