In response to:
my local MLS, WVMLS, does not require Realtor membership. We have rules, by-laws and a code of ethics for our MLS. About 50% of our members are Realtors. It is such a non-issue here.
I totally agree, Melina. I live in PA, and the designation Realtor is not required to be a member of the MLS. NAR has a code of ethics, and so does our MLS.
I believe you hit the nail on the head when you said that the Realtor designation would be meaningless if everyone needed it to subscribe to the local MLS. Every licensee would be forced to do it just to stay in business. I do understand the point, however, that Realtors are held to higher standard and therefore assume more risk than non-Realtors. I think you are right when you say that Brokers should supervise their sales associates better and encourage their sales associates to earn the designation of Realtor. Unfortunately, Brokers tend to supervise things because they don't want the stain on their office's reputation of someone getting into trouble. Or they don't want a lawsuit if they are a private company especially. Unfortunately, though, if someone can possibly get away with an action because it's not strictly an offense, even though it may not be morally correct, the broker will stand by and watch the money flow in. I guess that's just human nature.
By the way, I just came back from a vist to Oregon where several of my family members live. People there are truly among the nicest I have ever met. The difference was really remarkable. And I was visiting an urban center, Portland. I'm not surprised that you don't have too many bad experiences with other agents out there.
For the most part, I have had transactions with really great agents in the last year or so. S in a sense maybe it is a non-issue here, too. But lately, maybe because of market fluctuations, I have witnessed some truly surprising things. I have watched agents "shop out" Agreements, with no intention of closing them, to bid up the price of property. Usually, this is done between 2 agents working together to keep the commission in house. (Didn't happen in my brokerage). I've watched agents accept Buyer Agency Contracts as a way to secure commission, even though they know outright that another agent was the procuring cause of the sale. I don't know how well agency contracts stand up when you are not really the procuring cause of sale. I have seen agents make private sales with people, off the MLS, and not disclose they are licensees, and then go write up contracts that expose the other party to all kinds of risk (although laypeople should know better and get a realtor involved). In other words, I see people less apt to put themselves in another's shoes and do the right thing. Although that's nothing new in the history of real estate or all of mankind, I'm seeing it in my little circle more and more.
On the other hand, I've seen agents go to the other extreme and try to be heroes, telling buyers to ask for things they never would have thought of, or telling sellers they are getting ripped off by low offers (which are now fair market value in reality). I sat at a settlement with a buyer's agent arguing about an air conditioner that was working in 103 degree weather, an air conditioner that had been certified as per the Reply to Inspections Report." The most outrageous aspect of this debate was that it was occurring after the checks were issued and the closer was gone!
I remember someone replying to this thread saying, "We need to put the toothpaste back in the tube." Amen!
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