Recently I interviewed a number of managers and salespeople, asking them for the most common reasons why real
estate salespeople fail.
Many real
estate salespeople fail to see that the greatest investment they can make is for their own training and coaching.
One wise manager, the late Gord Davenport, summed it up best when I asked why real
estate salespeople fail.
Not exact matches
Large brokerages will be a part of the «herd thinning» for the very same reason many of them merge or
fail: they do not provide the support real
estate salespeople require and they look to cut costs as their sales volumes diminish.
The road to real
estate sales success is littered with the shattered dreams of would - be
salespeople because they
fail to see these two words as the secret to success: consistency and discipline.
This
salesperson was found guilty of negligence within the meaning of Section 9.12 of the (former) B.C. Real
Estate Act for «advising a potential Buyer's Agent that there was an accepted offer on the subject property when in fact she knew that this was untrue or misleading; she also
failed to look after the best interests of her sellers by not allowing the opportunity for ALL offers to be presented to them and in particular by not advising them that there was another offer through another Realtor.
b) Another B.C.
salesperson was suspended for seven days for having been found to be negligent within the meaning of Section 9.12 of Regulation 75/61 of the B.C. Real
Estate Act because he
failed to ensure that a prospective buyer and his agent had an opportunity to view the property; the prospective buyer had wanted to make an offer and by his non co-operation, the listing
salesperson had
failed to act in the best interest of his clients, the sellers.
Federal court holds that buyers» real
estate salesperson breached contract with clients by
failing to disclose encumbrance on purchased land.
Salesperson failed to establish that she was a licensed real estate salesperson associated with a licensed broker; salesperson's only recourse for compensation from the broker upon the theory that branch office «managing» salesperson had actual or apparent authority fails where no actual authority existed and there could be no reasonable reliance upon apparent authority; 19 NYCRR 175.20 designed to protect public, not real estate sa
Salesperson failed to establish that she was a licensed real
estate salesperson associated with a licensed broker; salesperson's only recourse for compensation from the broker upon the theory that branch office «managing» salesperson had actual or apparent authority fails where no actual authority existed and there could be no reasonable reliance upon apparent authority; 19 NYCRR 175.20 designed to protect public, not real estate sa
salesperson associated with a licensed broker;
salesperson's only recourse for compensation from the broker upon the theory that branch office «managing» salesperson had actual or apparent authority fails where no actual authority existed and there could be no reasonable reliance upon apparent authority; 19 NYCRR 175.20 designed to protect public, not real estate sa
salesperson's only recourse for compensation from the broker upon the theory that branch office «managing»
salesperson had actual or apparent authority fails where no actual authority existed and there could be no reasonable reliance upon apparent authority; 19 NYCRR 175.20 designed to protect public, not real estate sa
salesperson had actual or apparent authority
fails where no actual authority existed and there could be no reasonable reliance upon apparent authority; 19 NYCRR 175.20 designed to protect public, not real
estate salespersons.
594 DOS 01 DOS v. Walker - deposits; failure to appear at hearing; failure to pay judgment; failure to cooperate with DOS investigation; notary public; proper business practices; broker commingles funds by placing deposits in operating account; broker allows escrow account to be overdrawn on numerous occasions; broker uses deposit for separate, unrelated business investment; broker
fails to pay judgment without presenting an explanation or excuse for failure to pay judgment; broker
fails to cooperate with DOS investigation by
failing to respond to and comply with letter directing him to appear for a conference and to provide certain documents; broker
fails to notify DOS of new address upon closing office; DOS
fails to prove that
salesperson improperly held herself out to be real
estate broker associated with corporate broker, that the broker made misrepresentations to the purchasers regarding payments they were required to make toward the purchase, that some checks were returned for insufficient funds, that the broker
failed to make certain required payments, that the broker properly
failed to make certain other deposits and that the broker gave a postdated deposit check which could not be cashed due to insufficient funds; representative broker's and corporate broker's licenses revoked, return of deposits in the amount of $ 400.00 and $ 3,173.83 ordered with interest, civil judgment to be fully satisfied;
salesperson fined $ 1,000.00 and notary commission suspended for four months
730 DOS 02 DOS v. New World Realty of New York, Inc. — availing of license; deposits; disclosure of agency relationships; duty to supervise sales associates; failure to pay judgment; proper business practices; DOS has jurisdiction where disciplinary action was started while individual was licensed as an associate broker and was eligible to automatically renew at the time of the disciplinary hearing;
salesperson owned voting stock in licensed corporate real
estate broker,
failed to pay judgment and
failed to present evidence of inability to do so, and engaged in unlicensed activity after license expired; representative broker availed corporate real
estate brokers license to
salesperson; representative broker
failed to properly supervise
salesperson by permitting and authorizing
salesperson to act as a real
estate broker; broker and
salesperson failed to make agency disclosures and
failed to deposit funds of principal in a special bank account; real
estate transaction conducted was a fraudulent business practice; DOS
fails to prove the unauthorized practice of law;
salesperson's license revoked and
salesperson ordered to pay refund of $ 1,406.00 of illegal commission collected; representative broker's license revoked and broker ordered to refund $ 74.00 of illegal commission collected; representative broker fined $ 5,000.00
960 DOS 03 DOS v. Vazquez - deposits; unlicensed activity; duty to supervise sales associate; failure to cooperate with DOS investigation; failure to pay judgment; sanction; broker
fails to reply to DOS's request for information; broker allows two individuals to work in association with brokerage without being properly licensed; broker
fails to pay judgment; broker
fails to return rental deposits in two transactions where the rental was not consummated; broker
fails to supervise sales associate and is accountable for monies received by
salesperson and unaccounted for; in setting penalty, it is proper to consider licensees were found to have availed themselves of improper licensed real
estate salespersons and to have retained an unearned commission; corporate broker's license and representative broker's license revoked and brokers ordered to pay restitution in the amount $ 7,725.00 and judgment in the amount $ 740.37
Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for
failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's
failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak;
salesperson of one of the defendant real
estate agencies represented to buyer that the house was in good condition
7 DOS 00 DOS v. Flagship Marketing Group - availing of license; failure to cooperate with DOS investigation; jurisdiction; proper business practices; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction over party not licensed at the time of the hearing where, at that time the complaint was served, the party was (i) licensed, (ii) an applicant for a license or renewal, or (iii) was eligible to automatically renew;
salesperson is prohibited both from owning, directly or indirectly, singly or jointly, any shares of voting stock in and from being an officer of any licensed real
estate brokerage corporation with which the
salesperson is associated; representative real
estate broker availed the corporate broker license to an associated
salesperson where the office was operated by the
salesperson without the direct supervision of the representative broker and the
salesperson conducted business as a broker for his own benefit; representative real
estate broker engaged in fraud by availing the corporate real
estate broker license to a
salesperson; representative broker's availing of corporate broker's license for which the corporate broker is vicariously liable; failure to provide business records constitutes failure to cooperate with DOS investigation; DOS
fails to establish fraud, ignorance or negligence is not sufficient to prove mistake; pressure, regardless of how severe, is not undue influence; restitution denied where funds sought were received by an entity not named or charged in the complaint; corporate broker fined $ 3,000.00, representative broker's license revoked and fined $ 3,000.00 and
salesperson fined $ 5,000.00
331 DOS 03 DOS v. Skarvelis — DOS
fails its burden of proof; proper business practices; no licensed
salesperson may own any voting shares of stock in any licensed real
estate brokerage corporation with which the
salesperson is associated; DOS
fails to prove that
salesperson was ever associated as a licensed real
estate salesperson with broker at a time when she held voting rights and an ownership interest in the brokerage; complaint dismissed