Diary of a Sacramento Realtor
Is Martin Luther King Day a Realtor holiday? This day began like any other day, hustle and bustle. We have a new Carmichael listing coming soon and we were busy getting the agreement signed. There are some legal overlays, so an attorney had to review. Both sellers have to sign it. We should be in MLS on market status by Friday. What a beautiful property, and be sure to read that post in a Coming Soon listing blog promotion. We should have photos next week.
Also, we received an offer on our Oak Park listing on 48th today, so we responded right away with a seller counter offer. Our escrows needed updating as they are in process. With appraisals due next week, we have our handyman getting them ready with smoke detectors and CO2 detectors.
With only one day left before Christmas 2019, are you ready? Today was a crazy day. One client signing at the title company and we put a probate listing into escrow with 8 offers. Then in between our real estate duties, we needed to pick up deliveries at the office. Next, a trip to Bed, Bath and Beyond for a few last-minute gifts on Santa’s list. Now the baking marathon begins at 0800 so a trip to the grocery store. Yes, I had my list and I was checking it twice, lol. I also grabbed a few gift cards for those hard to shop for folks.
Yes, real estate agents remain independent contractors in the 2019 legislation report from the Sacramento Association of Realtors. This is important to the many who want to remain as a business owner and not an employee of a brokerage. Below is a partial excerpt from SAR, Sacramento Association Of Realtors, report.
This new law follows the Dynamex ruling and puts the ABC test that came out of that case into state law by classifying several types of independent contractors as employees. AB 5 allows real estate agents to be treated as independent contractors under the Business & Professions Code section § 10032 as long as they meet three conditions, 1) hold a real estate license; 2) substantially all of their remunerations is directly related to sales or other output rather than to the number of hours worked, and 3) the parties have a written contract stating that the individual will not be treated as an employee with respect to those services.
Treat the Realtor you want to hire with the same respect you expect for yourself is no different than the Golden Rule. Below is an excerpt from a blog my partner, Elizabeth Weintraub, wrote in August of 2012; it is in italics. As Realtors are paid to sell you a home, occasionally some clients feel that a Realtor doesn’t deserve to be treated well. You know, sellers and buyers get paid to do their job and they would expect fair treatment in the workplace.
I remember a situation where I was not treated fairly. I was trying to explain the details of an offer to a seller. One of the clients immediately barked at me. He said that he had sold homes before and didn’t need to be “talked down to.” Of course, the flip side to that is Realtors are accused of not explaining enough. I apologized and said that my only intent was to provide a gold standard of service and to be thorough.
A homebuyer can kiss his earnest money deposit goodbye. You may ask, How can a home buyer kiss her money goodbye? The excerpt below in italics is from a blog Elizabeth wrote several years ago. It still holds today. It got me to thinking about a tricky technicality in this deposit forfeiture that you may find interesting.
I represented two buyers on a short sale in Roseville. She and her fiance bought it together. The listing agent was someone who said he was the #1 short sale agent in Sacramento, but, of course, we all know that title was well deserved and earned by the one and only, Elizabeth Weintraub. Well, the couple broke up. Mister buyer went packing, and he had not been removed from the contract, nor did the listing agent ever request it. Should I have removed him, probably, but I knew these two, and they broke up and went back together regularly.