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Tidewater Talk

Limited Service Companies and New Virginia Legislation

By: Shelly Constantz
Monday, September 24, 2007 11:07 PM

So, what does the title have to do with you?  IRead On:

Today, I had to attend a mandatory 2 hour class regarding new laws that have been put in place in Virginia regarding Limited Service companies.  Virginia decided that the consumer has a right to choose who they want to help them sell a house (no surprise there), but they decided that the consumer also has a right to know what is included and what is NOT included. 

On this website are agents that give full service for a discounted price or rebate, and we have limited service companies and we have full service companies.  I'm ok with that.  There is always a need for choice.  And I am not afraid of representing what I do.  What has always bothered me, is when the offer is finally negotiated and signed, things weren't followed through on, or proper disclosures weren't done, etc.  and if I wanted my buyer to complete the deal, I ended up doing it.  Just to get the deal done.  I believe that some discount brokers count on the buyers agent to pick up the pieces and carry the ball.

Now, in VA. when you are offering limited service to a client, you must disclose the following:

1- You must spell out what you will do for the negotiated fee.
2- What you will NOT do for the negotiated fee.
3- and you must include a very large disclosure paragraph, in bold or underlined, that basically says the undersigned understands and acknowledges their informed consent.

Also, a limited service company still has to provide the required disclosures, including condo and poa docs, home disclosure/disclaimers, and additional local, required disclosures.

The legislation goes on to allow me as the buyers agent to perform certain actions for the seller, like order termite, pick up the POA docs, etc without taking on the liability or changing the agency relationship, AND I can charge the seller for that time.  Whatever amount that is agreed between my broker and seller.  For instance, if the seller says, who should I order the termite from?  My answer, here is a disclaimer and a list of fee for service, please sign here and I will be happy to tell you.  I will present my invoice to your settlement company for reimbursement of time and knowledge.  I may do the former if I have informed my buyer, and they are ok with it.

I think this is a step in the right direction.  I think the law still has some loopholes, and hopefully those will be ironed out soon.  I bring this up to you, to ask, how is it handled in your state?  Something similar?  Or not at all?  What do you think?

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Comments

Craig Barrett
Member Since '07

Craig Barrett said:

Excellent post Shelly. We have a similar disclosure in MD, I'm licensed in VA too, so I think it's fantastic. I'm all for choice as well. Competition is always best for the consumer.

September 24, 2007 6:46 PM
Mipeco Realty, Inc -  Michaela Krestenic, Broker-Owner
Member Since '03

Mipeco Realty, Inc - Michaela Krestenic, Broker-Owner said:

We actually have a "minimum services" law that states what services you have to provide as agent, no matter how "limited" your services are ... including having to accept offers, help negotiate, etc. Plus our MLS only accepts Exclusive Agency and Exclusive Right To Sell agreements to be in the MLS, limited service contracts are no longer allowed in the MLS. So while there are companies offering limited services, in reality they offer Exclusive Agency in order to be in the MLS and have to represent the seller to a certain degree. And even if the seller waives the rights to these minimum services, you have to insist on providing them because otherwise you'd be violating the state laws ...  this is the part of that law that I don't like ... a clash of acting in the sellers best interest while not letting them do what they want?

September 24, 2007 6:57 PM
Jana Davis & Virginia Houghton
Member Since '05

Jana Davis & Virginia Houghton said:

Interesting.  No nothing here yet.  My question is what do you do if they still don't provide the appropriate documents.  Is that part of charging the seller?  We can not contact the seller without going through the seller's agent.  Are they allowing for you to contact the seller to let them know that their agent is not providing the documentation so according to the agreement you will be charging them for 1. providing those documents and 2. Your time in preparing them.  (I would love to be able to do that!)

Jana

September 24, 2007 7:04 PM
Shelly  Constantz
Member Since '07

Shelly Constantz said:

Jana, alot of the times, it says to show home, present offers, etc. contact the seller and put their name and number in the listing.  So, the company and the seller have agreed to it.  How nice is it to negotiate with a seller?  hmmm, emotional!!!  So, when the deal is done, the seller goes ok where are we closing?  and think they are "done".  Uh, here is my list of things you may require, and my cost for doing it...

shelly

September 24, 2007 7:07 PM
Belinda Walker
Member Since '06

Belinda Walker said:

I am all for choice as well, however, I can choose to try to steer clear of the true limited service agent.  I've been there, done all of their work.  Basically, it's a FSBO in WA.  Buyer's agent gets everything from the seller and their agent does nothing except put the listing on the MLS.  These agents must disclose in agent remarks in the MLS that they are limited services.  I really wish they had to disclose in the marketing remarks so the public could see.

September 24, 2007 8:08 PM

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Shelly Constantz
Virginia Beach

Shelly  Constantz
Member Since '07

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