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Conflict of Interset

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(@ricky1947-2-2-2)
Posts: 24
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I am curious if there is anyone out there who finds that an active RLS holding an active real estate license has a conflict of interest.

Thank you,
Rick

 
Posted : 24/09/2013 2:46 pm
(@scott-mclain)
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I would never be the real estate agent and surveyor of the same parcel, but otherwise not an issue.

 
Posted : 24/09/2013 2:51 pm
(@greywolfe)
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Ditto. I have both. Steer clear using both on the same deal.

 
Posted : 24/09/2013 3:03 pm
(@larry-p)
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Same answer as the other guys.

Working as both on the same project definitely would lead to the appearance of a conflict if not an actual conflict.

Larry P

 
Posted : 24/09/2013 3:33 pm
(@clearcut)
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As many times as I've come across realtors who tell buyers the property lines are based on some fence or gps coordinates taken off a GIS site, or who have hired unlicensed individuals....

I tend to think it would be an improvement to come across a realtor who actually knew what he was selling.

I'm thinking maybe only surveyors should be the ones selling land. ;>)

 
Posted : 24/09/2013 3:39 pm
(@ricky1947-2-2-2)
Posts: 24
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So far as I know, my boss is requesting the real estate license for resume sake. I will not be actively using the license for purchasing duties. At the same time, I will not be land surveying any of the properties in question. Subcontractor to perform those duties.

Thanks all, certainly trying to stay away from the conflict "appearance". I personally would not use both licenses on the same property, but these days even the "appearance" can lead to trouble.

Rick

 
Posted : 24/09/2013 3:40 pm
(@ricky1947-2-2-2)
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Nice note, if it was as easy as saying " the line is over there, I would not be so proud of my license.

Rick

 
Posted : 24/09/2013 3:41 pm
(@holy-cow)
Posts: 25292
 

I, too, hold both licenses. It has never been a problem. I keep the two activities very separate.

 
Posted : 24/09/2013 3:57 pm
(@dave-lindell)
Posts: 1683
 

I know an LS who has a realtor license and is also a lawyer!

 
Posted : 24/09/2013 4:02 pm
(@surv8r)
Posts: 522
 

I held a RE license at one time, it's on inactive status now, but it was never a problem when I kept it active.

 
Posted : 24/09/2013 4:43 pm
(@joe-the-surveyor)
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I'm trying to figure why this is a contest?

 
Posted : 24/09/2013 5:08 pm
(@carl-b-correll)
Posts: 1910
 

> I'm trying to figure why this is a contest?

* BELLY LAUGHING!! *

 
Posted : 24/09/2013 5:12 pm
(@a-harris)
Posts: 8761
 

I would imagine that anyone in that situation (surely some admit they are) would not be paying themselves enough to keep both companies afloat. 😉

 
Posted : 24/09/2013 5:39 pm
(@ctompkins)
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Alternate Scenario

My wife is a realtor...Would me doing a survey for her be considered a conflict of interest?

 
Posted : 25/09/2013 3:44 am
(@scott-mclain)
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Alternate Scenario

I would not do it. If someone can point a finger, they will.

 
Posted : 25/09/2013 3:57 am
(@dave-ingram)
Posts: 2142
 

Alternate Scenario

Yes

 
Posted : 25/09/2013 4:23 am
(@davidalee)
Posts: 1121
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Alternate Scenario

Yes, unless you are a politician.

 
Posted : 25/09/2013 4:32 am
(@larry-p)
Posts: 1124
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Alternate Scenario

Yes.

A conflict of interest because if you find something that will kill the deal, then you (your family) will be hurt financially.

Larry P

 
Posted : 25/09/2013 5:09 am
(@holy-cow)
Posts: 25292
 

Alternate Scenario

It depends.

Is the survey a mere formality? Is it being requested prior to the receipt of any legitimate offers to buy? Is it an ALTA where you have already performed a survey of the outer boundary? Is there a known dispute?

Generally, this would not worry me. I would handle the survey no differently than any other survey except to possibly document things a bit more than usual should there ever be a claim of unprofessional behavior.

A lot of this attitude comes from living in the boondocks. It is next to impossible to operate in such a way as to not have a perceived conflict of interest in some way. Some people get worried if they discover the surveyor has a prior relationship with the party paying the bill. Maybe they attend the same church or the kids are in the same class or the both serve on a board or commission or they are distantly related or......so forth and so. At least half of my clients would fall into some category that might give others worry. Mainly because I know so many people over a rather broad area and because virtually all of my clients have been referred to me by people who fit one of the "worrisome" categories.

25 years ago when I served on the school board that covered about three-quarters of the count we had one board member who was the head of a local savings and loan and another who operated the only automobile franchise for 15 miles. The savings and loan was one of a half dozen institutions who handled the school district's money. The auto dealer was the provider of the servicing of the district's busses. Another board member's wife was a teacher in the district. The school district's attorney's wife was a teacher in the district. His law partner's wife was also a teacher in the district. Immediately prior to my arrival on the board there had been a board member who was also one of the regular bus route drivers. This is what happens in small town USA. Many of those with the intellectual capability and financial resources to dedicate themselves to such positions of authority already have links throughout the community that might make them appear to be biased about certain specific items on the board agenda. The fact that they do the job while also trying to be as unbiased as possible is commendable.

 
Posted : 25/09/2013 6:56 am
(@marc-anderson)
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It looks to me that if you want to work for the Feds as a Physical Scientist or Engineering Technician employee, you can't have an active real estate license.

I'm not sure of the rationale, but it's probably what some others have expressed.

 
Posted : 25/09/2013 7:00 am
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