Real Estate Attorney?

[Austin-Willy]

Originally Posted by Rakin

I would think any contract an attorney creates, another attorney would consider flawed.

I take this to mean that you can't think of a good reason why a buyer shouldn't be able to object to subdivision restrictions when it can object to other title encumbrances? Why not just come out and say it?

Perhaps one of you agents can ask your broker's attorney why a buyer should agree to that and enlighten the board.

[TexasHorseLady]

I did read your first post, Willy, and responded to it, if you'll recall, which is how we found out that you're an attorney after you characterized yourself by implication as an outsider looking in who felt that there was animosity between agents and attorneys. And just now I went back and read it again, and no, you did not answer my question in that post, unless your answer is (and it may very well be) that you think that only attorneys are qualified to conduct real estate transactions. Is that it? Do you think that NO contract and NO real estate agent are sufficient to conduct a real estate transaction? Yes or no?

Do you also feel (as it appears from what you've said here) that you are vastly more qualified than the attorneys who wrote the contract in question to determine what is a good contract to be used in conducting real estate transactions in the State of Texas?

So far, you've reinforced my perception that the animosity is not between real estate agents and attorneys in general, but between you specifically and real estate agents. Based solely, of course, on what's gone on here (and my own business relationships with attorneys, of course, which don't reflect the attitude that you've thusfar displayed).

[Rakin]

I take this to mean that you can't think of a good reason why a buyer shouldn't be able to object to subdivision restrictions when it can object to other title encumbrances? Why not just come out and say it?

HUH ? That makes no sense at all and spoken like a true lawyer.

As an attorney I can appreciate the fact that you'd like to have every buyer pay you for an opinion.

Our legal system is such a mess, I can imagine the log jam attorneys would create and the additional costs incurred. I believe these factors are why the great state of Texas has the wisdom to uses the current system to handle real estate transactions. Are attorneys needed in some cases, absolutely.

You never did answer the question of: You feel there are so many flaws in the contracts, have you gotten involved to improve the system?

[Austin-Willy]

Originally Posted by TexasHorseLady

... unless your answer is (and it may very well be) that you think that only attorneys are qualified to conduct real estate transactions. Is that it?

Which part of different expertise and different roles (emphasis on the plural) do you not get? If you can't (or refuse) to understand what that means, I am just going to have to leave you in the dark.

Originally Posted by TexasHorseLady

Do you also feel (as it appears from what you've said here) that you are vastly more qualified than the attorneys who wrote the contract in question to determine what is a good contract to be used in conducting real estate transactions in the State of Texas?

I stand ready to admit that I'm wrong if someone can put forth a good reason why the contract form prohibits objections to restrictions. So far, I haven't heard it. And you have admitted that the form isn't perfect (and have evaded the question as to why the provision prohibiting objections to restrictions is in the contract), so what is it that you're trying to prove with this statement?

Originally Posted by TexasHorseLady

...the animosity is not between real estate agents and attorneys in general...

I don't think I said animosity (too lazy to go back and look), but if I did, I mispoke. It is better characterized as conflicting interests (attorneys have no incentive to push a "bad" (read: risky) transaction to close, but agents do have an incentive - they'll get their commission). If you aren't aware of the conflict, and how it naturally plays out when a risk comes up, you have far less experience in situations where both professionals represent the same client than you lead on. And it's not just experience. An understanding of the incentives and duties that each has is enough to explain it.

In fact, your unwillingness to acknowledge that the title objection paragraph is flawed is a prime example of how an agent may not understand a problem, so their advice is to just push forward full steam ahead.

[Austin-Willy]

Originally Posted by Rakin

I believe these factors are why the great state of Texas has the wisdom to uses the current system to handle real estate transactions.

In the wisdom of the great State of Texas, buyers are urged to have an attorney involved in every single transaction. Read the contract.

[Jennibc]

Austin Willy never wrote that animosity exists between attorneys and re agents. He just pointed out potential conflicts of interests. I don't even think he suggested that real estate agents are bad people. Y'all are too sensitive.

[TexasHorseLady]

You did not use the word animosity, but your analogy, and your words since that point, have made it clear that animosity is, indeed, what you intended.

And any agent who pushes a "bad" transaction to close is short-sighted and likely won't be in the field long, because our bread and butter is referrals and repeat business.

However, this is your hobby horse and I think I've ridden it long enough for one day. I doubt that we're going to get straight answers to our questions (mine or Rakins), based on current evidence and precedent as of today.

[Austin-Willy]

Originally Posted by TexasHorseLady

You did not use the word animosity, but your analogy, and your words since that point, have made it clear that animosity is, indeed, what you intended.
...
However, this is your hobby horse and I think I've ridden it long enough for one day. I doubt that we're going to get straight answers to our questions (mine or Rakins), based on current evidence and precedent as of today.

You can believe whatever you want. I think Jenn, an unbiased third party to this discussion, has a better grasp of my intent.

And in fact, this is your hobby horse, HorseLady. I simply stated my opinion and you took exception to it, and the rest followed.

I honestly hope you give the title objection provision a good look, maybe even discuss it with your broker's attorney.

[TexasHorseLady]

I've had it up (the entire contract, actually) on my computer all day today for reference (and because I wanted to make sure to give good cites when I told you it said something - some things stick with you, and giving cites is one of them).

It would be nice to see your answer to Rakin's question, though.

[IC_deLight]

Originally Posted by Rakin

IC Delight

Very thoughtful post and well written without any personal attacks. Good job.

Yes every profession has it's crooks and bottom feeders. It's a shame each industry can find a foolproof way to eliminate the unscrupulous. Many times the money and power issues override any clients best interest.

Overall at least there are licensing, codes of ethics and penalties that attempt to keep many occupations clean.

Thanks for the compliment

Quote:
"a Realtor cannot practice law and only gets paid when the place is sold. The Realtor is NOT going to point these things out."


This I disagree with. Many smart agents explain to their buyers how and when they get paid. I always tell my clients from day one, when we are explaining agency that I am not a lawyer and cannot give legal advice. Good agents have nothing to hide.

I may have inadvertently introduced some confusion due to the way the paragraph was constructed. Sorry about that. The lack of disclosure in that paragraph was not intended to refer to the agency relationship of the real estate agent.

The lack of disclosure was intended to refer to the intangible details associated with the home ownership such as the priority of payment scam, voting rights, assessments, liens into perpetuity, and other things not even mentioned earlier such as the ability of an HOA to foreclose for trivial amounts and engage in private fining, etc.

The real estate agents usually focus on the physical aspects of the property rather than the intangible aspects (e.g., 4/3 3200sf rather than "you're a member but your right to vote can be taken away at the whim of the Board and you can be fined without any due process, equal protection, or judicial scrutiny, etc.). To the extent the intangibles are discussed, they are usually marketed/hyped as an asset without discussion of any liabilities or risk exposure to the buyer.