Event Coverage
Panel Discusses How to Help Agents Avoid Mediation
Approximately 120 SAMCAR brokers and managers gathered at the Hyatt Regency in Burlingame on Thursday, April 4 and received pointers on “Avoiding Mediation.” SAMCAR Board Directors John Gieseker, Marianne Zanone and Pete Aiello comprised the panel of experts; Ara Croce served as mediator.
Here are some questions addressed by the panel:
What should a manager do to make sure the transaction goes smoothly for a new, inexperienced agent?
Managers need to be available for questions, encourage agents to ask about issues early, before these become problems. The best way to ensure a smooth transaction and avoid mediation is for managers to make sure their agents know that they are always available to them for questions.
“I always advise agents to complete a contract to the best of their ability and I will go over the offer with them,” said Pete Ailello.
Should an office have a policy which limits what types or locations of properties that an agent can sell, so they do not get into transactions where they have limited experience?
Zanone said managers need to caution agents about the difficulties they could face in handling out-of-town transactions.
“I adhere strongly to the idea to stay close to where your office is,” Gieseker said, but he also noted, information is accessible to all agents, and it happens. “You (the agent) need to show that you have spent some amount of time investigating the property, the issues, and disclosures on your side of the transaction.”
Aiello said selling such properties is bound to happen, especially when there are fewer properties versus agents in a given area and with the consolidation of MLSs, but he also stated agents need to knowledgeable because “there are diverse and different markets.”
How should non-contingency offers be handled?
A non-contingency offer is a good way to ensure yours will be accepted, but buyers need to be aware of the risks involved in such a contract.
“A non-contingency is a binding contract,” Zanone cautioned. “It’s our job to make sure our agents are educated and that they are educating their clients as well.”
“You are really putting yourself out there and you need to make 100 percent sure that the buyer knows that and has all bases covered,” said Giseker.
What should an agent do to be sure there is full disclosure in the transaction?
“If you are not certain about something, if your clients know something about something, follow your instinct. Disclose, disclose, disclose,” said Zanone.
Zanone indicated the California Association of Realtors® (C.A.R.) has a new and excellent agent disclosure form that takes the agent through the entire house and she encourages managers to look into these forms.
“Point it out, don’t figure it out, and document it in their disclosure,” Gieserk said. “Common mistakes center on disclosure and inspection. Make sure you always address those topics with your agents.”
Aiello quipped, “The best training agents can receive is training on deposition. If agents were made more accountable, we might have less of these problems.”
The panelists said they strongly encouraged agents to have their clients at the property during the inspection. It could be critical and make a difference.
Have you had issues when selling property in Common Interest Developments and dealing with HOAs?
“All HOA documents are extremely important. If you don’t read them, you will definitely get sued,” Zanone warned. “Make sure your agents are not just asking their clients to do this. Make sure the agent does it too.”
Do you believe agents are getting the training they need to avoid the potential problems?
“There are 250,000 things a new agent needs to know in the next 15 minutes and (as a new agent) you want to know it all,” said Aiello. “Then there are twists and turns and curves. You got to be on your toes. As a manager, the advice you give is continually different because there is not a transaction that’s the same. Training is an ongoing thing and experience is the best teacher.”
“Our job is to do real estate the best way we can. You can’t learn it; you have to live it,” said Zanone.
“A good agent is one who is truly conscious and has the interest of the client,” said Giseker. “You need to be thorough, timely and involved in the education process. You have to have an eye on the transaction from the beginning to the end … It’s not difficult; it just takes the professionalism everyone understands and it will go smoothly.”
The San Mateo County Association of REALTORS® (SAMCAR) is a professional trade organization representing over 3,800 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula. SAMCAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in San Mateo County.
The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.
For further information, please contact Rose Meily at SAMCAR Public Affairs, e-mail , or phone (650) 696-8200.
