Are Real Estate Agents in GA Fiduciaries?
Posted by Hank Miller on
Here’s a fun fact, real estate agents in GA have no fiduciary responsibility to their client or customer. Some may ask, “what does that 
mean”? Well, the exact definition varies depending on the type of business, but in short a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients' interests ahead of their own, with a duty to preserve good faith and trust. Being a fiduciary thus requires being bound both legally and ethically to act in the other's best interests. Typical examples of fiduciaries are trustees, executors, and guardians.
Are Real Estate Agents in GA Fiduciaries?
In some states, but in Georgia real estate agents are not fiduciaries. They are of course expected to exercise reasonable…
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Well add this to the list of “No chit Sherlock” observations coming out of the last two years. Seems that just over 70% of recent homebuyers have buyer’s remorse. In Feb '21 we noted that 44% of homebuyers had buyer's remorse, these new stats are bonkers. This number is a bit of a surprise and the reasons have to do with price but also with just about every other aspect of the buyer's transactions. Put politely, these buyers are now in a position that no one wants to be in…and they have only themselves to blame. Sure, the market over ’21 and the first part of ’22 was bonkers, competition was fierce. But how many of these mournful buyers made the cardinal sin of not qualifying their agent? Most of them.
market; none of that applies to their home. Data clearly shows their home is aspirationally priced, buyers confirm it, and it sits idle. When challenged the agent and/or buyer drop the classic line..."the seller doesn't need to sell".
As we get back to a normal real estate market, contingencies that buyers waived during the covid crazy months will return. Due diligence periods are back and with them, the main contingencies of appraisal, finance, and inspection. It’s reasonable to say that everyone needs to get reacquainted with home inspection hysteria and the rule of making mountains out of moles hills. The inspection is a critical component of the purchase process and certainly one of the most contentious and misunderstood.
disclosure after contract? Standard real estate answer..."it depends". Issues with the seller's disclosure tend to be the most common thing buyers and sellers lock horns over. Contracts fall apart as buyers claim things were omitted, information wasn't accurate, something that was to remain was taken...the list is ever growing. Remember all of those buyers that waived the contingencies during the lunacy of '21 - early '22? Now some are having issues and looking to assign blame. A bit late for that, remember that while sellers in Georgia are obligated to disclose latent defects, they are not obligated by law to…
of 2022 will show the pull back and move toward a balanced market, but as with everything real estate related, the devil is in the details. At the macro level, buyer activity slowed, days on market increased, months of inventory increased and the general balance of power is moving from sellers to a neutral position. On a granular level however, how homes are presented for sale makes all the difference.
Crazy Train. The market shifted due to continued historic inflation and housing around Atlanta hit the brakes. This isn't a crash; at this point it appears to be the market catching it's breath after two plus years of straight adrenaline. Now the Fed is tasked with being the economic hit man. They clearly should have acted back in the 4th Qtr of '21 when the administration was dismissing this as "transitory inflation"; something Secretary Yellen knew wasn't accurate and has since admitted.