Brokering Different: Recent Episodes
Matthew L. Thrift
Hear from agents and brokers of Berkshire Hathaway HomeServices C Dan Joyner, REALTORS® and how they describe this dynamic real estate brokerage in Greenville and across the upstate of South Carolina.
https://www.youtube.com/watch?v=MyECqb_fk78
In this contract training video we will breakdown every section and go through every blank / fill in on SCR Form 310 commonly known as the Agreement / Contract: To Buy and Sell Real Estate (Residential)
https://www.youtube.com/watch?v=LQfOY6Gz6k4&t=1871sThis video is about the Agreement / Contract: To Buy and Sell Real Estate (Residential) Form 310 (Updated on June 13, 2022, owned by the South Carolina Association of REALTORS®. Its sole purpose is to help associated licensees of Berkshire Hathaway HomeServices C. Dan Joyner REALTORS® to learn and refer back to in times when needed. If you are watching this video and you are not an associated licensee with the offices that I broker (Midtown and Greer), please refer questions to your Broker In Charge as he or she may wish you to use or complete this document in a way other than what I share with the associated licensees of my offices. In any case, always follow your Broker In Charge’s Specific Instruction(s).
Disclaimer: I make mention multiple times that I am not an attorney nor anything other than a Broker in Charge and I have tried my best to explain every section of the contract in as much detail as possible and provide multiple examples of how this contract is used and completed. There is no intent on my part to mislead or misinform anyone watching this video. It is recommended that if you find that I have said anything that you feel is inaccurate please feel free to inform me at mthrift@cdanjoyner.com and if anything needs correction, I will do my best to correct the issue. You should however consult with your Broker In Charge FIRST and FOREMOST. The South Carolina Association of REALTORS® had nothing to do with the creation and making of this video nor represents this video creation in any way. I am not a certified or approved trainer with the South Carolina Association of REALTORS® but am simply a Broker In Charge trying to help out my fellow associated licensees to the very best of my ability. I have spent multiple hours studying this contract and asking multiple questions of the legal team at SCR. I have taught and trained this contract multiple times in my current brokerage and although I feel confident that I have an extremely good understanding of it, I am still human and interpret it my own way. And since I am not God, I am capable of error. So once again, ALWAYS check with your Broker In Charge in anything you have found to be questionable or do not completely and thoroughly understand. Together, we can make doing real estate in South Carolina a much smoother experience for the agents and parties involved.
Overcommitting can cause you multiple problems in your Real Estate business…or any business if we are speaking truthfully. Try the 4 D Method to help you Triumph Over Your To-Do List. Original Material provided by Tina Chadna found in Martha Stewart Living Magazine.
https://www.youtube.com/watch?v=WxS8a0o7jKI1.) Delete – Things that aren’t worth the time invested
2.) Delay – Something for when you can give it the time it deserves
3.) Diminish – An item by figuring out a more efficient way to get it done
4.) Delegate – Something or things that you know others can do on your behalf
Ever wonder how you can set yourself apart from the thousands of other real estate agents here in the Upstate?
Ever wonder how you can set yourself apart from the thousands of other real estate agents here in the Upstate?
Ever wonder how you can set yourself apart from the thousands of other real estate agents here in the Upstate?
Brokering Different Podcast – 3-9-2022Here is yet another Sales Meeting Shorts Video containing a ton of information regarding a new […]
This video will detail other tools and support that Berkshire Hathaway HomeServices C Dan Joyner, REALTORS® has to offer our […]
Brokering Different Podcast – 2-25-2022In lieu of an in-person sales meeting this week (Due to The Virtual Awards and the […]
Brokering Different Podcast – 2-9-2022C Dan Joyner’s Pleasantburg and Greer Office Sales Meeting from February 9, 2022. This video discusses […]
This video discusses the entire onboarding process of when a brand new agent or a seasoned agent joins our family […]
Brokering Different Podcast – 1-28-2022Discusses:SC Code of Laws 40-57-30(16) – Material Adverse FactsAppurtenances and Appurtenant InterestJust How Valuable Is That […]
Part 6 of my Introduction to Berkshire Hathaway HomeServices C Dan Joyner, REALTORS® discusses our technology, tools, and our resources. […]
One of the most asked questions I receive when I am speaking with new or newer agents is “What type […]
How does our company differentiate itself from the multiple other real estate brokerages within the upstate of South Carolina regarding […]
Hear how Berkshire Hathaway HomeServices C Dan Joyner, REALTORS® is a little different than most brokerages in the upstate of […]
Ever wonder JUST WHO IS Berkshire Hathaway HomeServices C Dan Joyner, REALTORS®? This is the first video in my series explaining the multiple different facets of our company.
How is it structured? What is the office culture like? How large is our company and how are we different?
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Here is the introductory video for my new YouTube Video series entitled Introduction To Berkshire Hathaway HomeServices C Dan Joyner, REALTORS®. This series will be on going for a few weeks sharing information on who we are, how we support our agents, our resources for agents to develop and grow their business, how our Agent Service Coordinators support our agents.
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Brokering Different Podcast – 1-13-2022
Discusses:
December 2021 Top Producers at Berkshire Hathaway HomeServices C Dan Joyner, REALTORS®
2022 Code of Ethics Changes
Thrifty Tech Tips
One Step Seller’s Disclosure
CORE – Agent Success Plan and Round Robin Lead Routing
Temporary Hold on Coming Into The Office For Floor Duty
Find this podcast at https://podcasts.apple.com/us/podcast/brokering-different/id1497350560
January 13, 2022
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Whether you weekends or not! Let’s face it, being a real estate agent comes with its own unique set of challenges; finding new buyers and sellers, negotiating repairs, advising a party what is best for them as far as Repair Procedure or Due Diligence, and time itself just to name a few!
Clearly there are many more challenges that we face but let’s take the challenge of time and break it down.
I recently had a conversation with a seasoned agent who had placed an offer on a property on a Friday afternoon. The offer expiration was set for approximately 9:00pm on Saturday (The following day). Making a long story very short the other agent contacted the buyer agent back on Tuesday of the following week to discuss a counter-offer. When asked why it took the the listing agent so long to get back with the buyer’s agent, the listing agent responded with the following comment, “I don’t work weekends.”
Wait! What? There was an offer from a ready, willing, and able buyer that had an expiration and the response was “I don’t work weekends?” So the contractual statement found in section 1 sub-section (F) – “Time” – all time stated shall be South Carolina local time. Time is of the essence with the respect to all provisions of this contract stipulating time, deadline, or performance periods means nothing??
Now let’s look at this from a different perspective. Did the seller violate or breach the contract? The answer is “No”…the seller did not Breach the contract because at the time, there was no contract in place; only an offer which means there was no meeting of the minds.
But what does SC Real Estate License Law say about this?
40-57-350(C)(1) On reaching a written agency agreement to provide brokerage services for a seller of real estate, a seller’s agent shall: (b)seeking a sale at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the seller, except that the real estate brokerage firm is not obligated to seek additional offers to purchase unless the brokerage agreement provides otherwise while the property is subject to a contract of sale; (ii) presenting in a timely manner all written offers and counteroffers to and from the seller, even when the property is subject to a contract of sale;
H’mmmm – a timely manner? So how is that defined? Well, an attorney I am not nor do I play one on TV. So let’s find out from Merriam-Webster. “Timely” – (1) Especially suitable for a certain time or (2) Done, carried out, or given without delay.
Okay, Okay, Okay…is this REALLY an issue. I mean, Real Estate agents deserve a “Day Off” as well don’t we? Especially on a holiday weekend, right?
Well, let’s look at the National Association of REALTORS® Code of Ethics, which by the way, if you are paying your fees to NAR, SCR, and your local Association, and you earned the title of being a REALTOR®; you raised your right hand and swore to uphold this document which separates you from among those that simply have a real estate license.
ARTICLE 1
When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01)Standard of Practice 1-6
REALTORS® shall submit offers and counter-offers objectively and as quickly as possible. (Adopted 1/93, Amended 1/95)
So we are in the year 2020. We have all sorts of technology to allow us as agents to NOT violate License Law or the Code Of Ethics. I would even go so far to say that there are very few excuses that an agent would have to NOT present an offer as quickly as possible.
But what if you “don’t work weekends?” Based upon the above SC License Law and the Code of Ethics, there is literally NO grey area here. License Law and the Code of Ethics are both “no respecter of persons.” All REALTORS® are treated as equal.
If you decide to NOT work weekends, it would be very prudent of you to hire another licensee to take care of your business on the weekend(s).
Honestly, this is one of the benefits of being on a team. Team members can take turns working weekends and allowing other members of the team to “take off”.
Oh, you thought this BLOG was going to be about the Parties of the contract and how they can default through time is of the essence built in the contract? Sorry to disappoint you….unfortunately as a Broker-In-Charge, I have found that a high percentage of the time it is the agent(s) that is the cause of the delay, not the parties!
Be careful with this. Make every effort to do things as “quickly as possibly” as the COE states. Violating “time” can cost you….BIG Time – whether you work weekends or not!
Until next time friends ~ MLT
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