John Peak (Get Your FREE BPO Company List)

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Ambassador
1,307,452
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

Why would you be working with such a person?  Fire them and protect your reputation -  no listing is worth this.

Jan 17, 2017 04:30 PM
Rainmaker
812,414
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

If you are my agent, and you come to me with that question . . . I have a conversation with the seller about how everything must be factually disclosed and if they can't or won't perform (and the listing requires that they do, so if they signed it and are still lying, they're in breach) . . . the black felt pen comes out, scrawls "Listing Cancelled, Agency Terminated" across the listing agreement and vaya con dios!
Ain't no one got time fo dat!

Jan 17, 2017 04:27 PM
Rainmaker
577,835
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

...and you wanted the listing so bad that you overlooked the lies and took the listing? 

But now you want to throw the seller under the bus?  Who are you representing? 

Eve

 

 

 

Jan 17, 2017 03:05 PM
Rainmaker
4,432,941
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I would not take the listing.

Jan 17, 2017 03:46 PM
Rainmaker
1,618,650
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

No but you can be sure that he will start calling you one. I would put him in the verify everything category. Everything must be in writing (emails) also.

Jan 17, 2017 03:35 PM
Ambassador
4,756,318
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Best to fire the client.

Jan 17, 2017 03:22 PM
Rainmaker
2,557,820
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Unless you are prepared to testify under oath and in open court, there are other more diplomatic and practical ways to call attention to the problem

Jan 17, 2017 05:07 PM
Rainmaker
577,189
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

I don't think that falls under the category of "disclosure."  If he is lying to you about the age of the home, age of windows, roof etc., ask for reciepts and you an verify cetain things yourself like lot size, through the land registry office.  If you need to put this information on the listing you can say "windows Approx. 10 yrs old, furnace approx. 7 years old. etc.,  based on information provided by the Seller.  When the home is inspected, he can usually tell the age of these things.

Jan 17, 2017 03:45 PM
Rainmaker
3,494,180
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

If they were lying and it was material to the home sale, I'd have fired them and not needed to disclose squat! Why put yourself in jeopardy in such a situation? 

Jan 18, 2017 04:36 AM
Rainmaker
1,747,767
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

Hope your E&O is paid up and you have a good attorney on retainer.

Jan 17, 2017 06:22 PM
Rainmaker
2,886,061
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

It is out the the realm of possibility that I would continue to engage with such a person.  The listing agreement would be cancelled.  I agree with Susan Emo - it is just not worth it. 

Jan 18, 2017 10:45 AM
Rainmaker
1,592,130
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

As Susan Emo wrote!!

Jan 18, 2017 06:59 AM
Rainmaker
3,066,356
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Candice A. Donofrio nailed this one!

Jan 18, 2017 05:12 AM
Rainer
97,766
Carol Wilson
Your $imple Home - Toronto, ON

The trouble is that people don't change much, particularly in characteristics like this. It is quite clear to the rest of us that if you keep dealing with him, you are going to get much more of the same treatment. And it won't ever get better.  

John Peak, you absolutely deserve better than that.  If you don't know how to extricate yourself safely (i.e. maintain your reputation) because of his tactics, find a way to make him fire you.  Tell your subconscious to find you the right way out.  Every time you worry about it, send the message deep again. Then keep your eyes and mind open for ideas.

Jan 17, 2017 08:31 PM
Ambassador
4,252,332
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Sounds like some important clues may have been missed early on. If I found the seller was lying repeatedly I would terminate the relationship. Disclosure? I think not - no requirement from what I know and that would seem to set up a potential legal problem by publicly calling your client a liar. Why risk your reputation!?

Jan 17, 2017 08:21 PM
Ambassador
3,302,643
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I have never seen a form or addendum for that...

Jan 17, 2017 06:37 PM
Rainmaker
465,654
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Your obligation is to disclosure all you know about the property. The fact that the seller is a liar does not change that obligation. 

Jan 17, 2017 03:12 PM
Rainmaker
795,096
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

I would step away from the listing if I could contractually.  If necessary get an attorney to advise.  I'd be very uncomfortable representing them.  I would not disclose that my client was a liar, that would not be okay, but I would not want to be in a position where I could be liable for incorrect disclosure due to dishonesty by my clients part. -Kasey

Jan 23, 2017 09:05 PM
Rainmaker
4,383,064
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

As Susan said - don't work with clients you cannot trust.

Jan 19, 2017 03:52 PM
Rainmaker
4,921,226
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

John,

I am with Susan Emo .  Life is too short to make yourself miserable.  A

Jan 18, 2017 10:25 PM
Ambassador
4,306,997
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

John Peak - do you really want to go there?

Jan 18, 2017 10:01 PM
Rainmaker
583,675
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

Why would you work with someone you know is a liar? I'm not that desparate for money.

Jan 18, 2017 07:17 PM
Ambassador
2,209,980
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Can you prove they are a compulsive liar?

Jan 18, 2017 07:15 PM
Rainmaker
1,306,592
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If I've caught them in a lie, I'd have a nice long talk with them.  If they did it again, it may be habitual (maybe they lied about telling the truth from there on in).  If it's habitual, I'd go to another source (if available) or drop the listing.

Jan 18, 2017 06:56 PM
Rainmaker
3,476,034
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Good question, but I do not think you should do that.  You are working for the seller.

 

Jan 18, 2017 02:44 PM
Rainmaker
1,434,894
Yolanda Cordova-Gilbert
Richmond, TX

John,

 I think I have to agree with what everyone has said so far FIRE THE CLIENT, I know sometimes at the beginning you might no be able to tell that they are a liar....but if you have this question Aurevoir!

Jan 18, 2017 02:05 PM
Rainmaker
775,782
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

As part of your "loyalty" package, you could not, but you could ditch him.

Jan 18, 2017 12:10 PM
Rainmaker
5,388,650
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

when and if the seller gets sued, they sue everyone.... the seller's lies will be your problem too....I'd  get rid of that listing...

Jan 18, 2017 08:49 AM
Rainmaker
4,798,831
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

My duty would be to fire them and stop representing them.

Jan 18, 2017 08:20 AM
Rainmaker
1,482,006
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Disclose?  For what purpose?  Do you mean to potential buyers?  You need to have a talk with your Designated Broker and come to a decision about how to handle it.  

Jan 18, 2017 07:51 AM
Rainmaker
881,609
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Hard up for listings?

Belong to the school of "He/She who has the most listings win"?

Not sure why anyone would put up with loss of reputation from a seller

Jan 18, 2017 07:38 AM
Rainmaker
821,950
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Any agent who allows buyer to talk to seller sets the stage for unintended consequences.

This is real estate malpractice.

NO such duty exists, unless of course you live in CA where the nuts and flakes run the fram.

 

Jan 18, 2017 07:33 AM
Rainmaker
3,637,425
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

NEXT! Wish them luck on the way out the door!

Jan 18, 2017 06:47 AM
Rainmaker
335,804
Shirley Coomer
Keller Williams Realty Sonoran Living - Phoenix, AZ
Realtor, Keller Williams Realty, Phoenix Az

Your integrity and reputation are more important than the sale. Are these really lies or just their opinion.  If they are putting the lies in writing and you can prove they know they are lying, I would have a conversation with them, However, if they are just "overly optimistic" they may just need a conversation.

Jan 18, 2017 06:28 AM
Ambassador
1,615,582
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

ask the broker

Jan 18, 2017 05:27 AM
Rainmaker
3,481,908
Richard Weeks
Dallas, TX
REALTOR®, Broker

If they are lying about material facts yes; otherwise, no.

Jan 18, 2017 05:25 AM
Rainmaker
3,182,981
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

No, i would approach the seller and go over why honesty is needed in the legal documents they are signing and the repercussions for not.

Jan 18, 2017 05:18 AM
Rainmaker
5,883,760
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

No.

Jan 18, 2017 04:04 AM
Rainmaker
1,591,146
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, Blackstone Realty Group - brokered by eXp Realty - Kalispell, MT
The House Kat

Disclose to who?

I think next steps would depend on what the lies were about. Everything would need to be documented with this seller, that's for sure. 

Jan 18, 2017 03:19 AM
Rainmaker
1,916,936
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

It's not true ! Or is it ???

Jan 17, 2017 05:06 PM
Rainmaker
735,413
Peter Mohylsky. Beach Expert
PrimeSouth Properties - Santa Rosa Beach, FL
THE BEACH IS OPEN

The last I checked.  No.  

Jan 17, 2017 04:40 PM
Rainmaker
589,629
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

No, but I wouldn't work with them if this were the case.

Jan 17, 2017 04:37 PM
Ambassador
2,020,836
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

The seller doesn't convey with the real property so I would say just have him put everything in writing and sign. Follow up every verbal communication in writing. 

Jan 17, 2017 03:52 PM
Rainmaker
790,066
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

No

Jan 17, 2017 03:28 PM
Ambassador
1,706,708
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

No, but why ask?

Jan 17, 2017 03:25 PM
Rainmaker
3,985,581
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Remember who you are representing.

Jan 17, 2017 03:21 PM
Rainer
274,437
Caroline Gerardo
Sun West Mortgage Corporation - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

How could you disclose this? "I am a psychiatrist and expert on liars and have caught my seller in fraud" How could you demonstrate this to be a fact without the seller suing you for defamation? Say the seller states the house is built in 1970 but in reality it was build 1965- put the correct date in the MLS. Seller lies about what exactly? 

Jan 17, 2017 02:58 PM