Mar 05, 2018

Q. Can I say "pay stubs required" in my rental ads?

A. Only if you want to face a fair housing violation complaint! Source of income is a protected class in the City of New York, Nassau and Suffolk Counties. If you write an ad such as the one you suggest, the Human Rights Commissioner will see it as a rejection of people on programs, retirees, people who live on their savings or have trust funds, etc. Be careful!

Q. If I am working with a buyer, is the buyer my client?

A. If you and the buyer agree to buyer agency, the buyer is your client. Otherwise, you are working for the seller, who is your client. The buyer, in that case, is your customer.

Q. Can I call a seller directly if the listing agent does not call me back?

A. No! Speak to your broker and have your broker call the listing agent's broker. If you still do not get satisfaction, file an Ethics complaint under Article 3, for the agent's failure to cooperate with another agent.

Q. An agent said she was working for the seller, but she was the buyer. Is that correct?

A. If an agent is the buyer, that agent must be a buyer's agent.

Q. My buyer had an accepted offer, but then the seller took a higher offer. My buyer already had the contracts and the attorneys were negotiating because of the engineer's report. Didn't I earn my commission?

A. Your buyer rescinded the offer the minute re-negotiations started, so there was no meeting of the minds and you did not earn a commission. 

Q. My buyer went to an Open House and bought the house from the listing broker. He said the listing broker told him he could only buy through him. Is that allowed? 

A. No, but did you check that story with the listing broker? 

Q. If a seller calls me to list his house when he is listed with another broker, can I speak to him?

A. Yes, but you cannot interfere with the agency relationship he has with his broker. If he wants to list with you, you can take the listing, but it must be dated for the day after it expires with the present agent.

Q. Can I advertise an open listing?

A. Not unless your broker and the seller both allow it.

Q. Can I advertise another broker's listing?

A. Only if the other agent, his broker and your broker allow it!

Q. Do I have to keep documents on deals that die?

A. For three years, dead or alive!