We are reproducing below the content of an email we received today. for whatever it is worth. This has not been edited.
Administrator, Knanaya Viseshangal
If the Houston Knanites are really thinking that the Real Estate agent cheated them and mislead them, then do something about it rather than cry about it and be Cry Babies.
Any Texas State Licensed Realtor is bound by certain "Code of Ethics and Standards". If he/she breaks these code of Ethics, then he/she can be sued in civil court to recover the part of the commission that the Realtor earned.
The Code of Ethics is clearly described in
http://www.texasrealestate.com/web/4/43/
1) In the PREAMBLE of the code, it clearly says that "REALTORS® continuously strive to become and remain informed on issues affecting real estate and, as knowledgeable professionals, they willingly share the fruit of their experience and study with others. They identify and take steps, through enforcement of this Code of Ethics and by assisting appropriate regulatory bodies, to eliminate practices which may damage the public or which might discredit or bring dishonor to the real estate profession. REALTORS® having direct personal knowledge of conduct that may violate the Code of Ethics involving misappropriation of client or customer funds or property, willful discrimination, or fraud resulting in substantial economic harm, bring such matters to the attention of the appropriate Board or Association of REALTORS®. (Amended 1/00)"
2) A Realtors opinion should be offered in an objective, professional manner, uninfluenced by any personal motivation or potential advantage or gain.
3) The term REALTOR® has come to connote competency, fairness, and high integrity resulting from adherence to a lofty ideal of moral conduct in business relations. No inducement of profit and no instruction from clients ever can justify departure from this ideal.
So when the real estate agent says that he did what he did because of the pressure from Priest, VG, Bishop etc, he has directly violated this preamble. As a Texas state licensed realtor, he cannot legally move forward with the deal even with the instruction of his clients if he is aware of substantial economic harm
4) In ARTICLE 1 it clearly states that "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)"
This article 1 was violated. Does not need elaboration
5) In ARTICLE 2 it clearly states that "REALTORS® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction"
This article 2 was violated. Does not need elaboration
6) In ARTICLE 4 it states that "REALTORS® shall not acquire an interest in or buy or present offers from themselves, any member of their immediate families, their firms or any member thereof, or any entities in which they have any ownership interest, any real property without making their true position known to the owner or the owner's agent or broker. In selling property they own, or in which they have any interest, REALTORS® shall reveal their ownership or interest in writing to the purchaser or the purchaser's representative"
Was this given in writing? Be on the watch otherwise a back dated document will be falsely generated.
7) In ARTICLE 13 it clearly states that "REALTORS® shall not engage in activities that constitute the unauthorized practice of law and shall recommend that legal counsel be obtained when the interest of any party to the transaction requires it"
In this case, legal counsel was present. The legal counsel gave true unbiased opinion about the value of the property. But the legal counsel was brushed aside, hidden from the larger customers and efforts were taken to keep it a secret, and ultimately the community was hurt by more than a Million dollars due to this specific violation
SO WHAT CAN WE DO?
1. Form a small group and give it a name. It must consisting of only members of the present church, reside in Houston area.
2. Get hold of a copy of all closing related documents
3. Consult an attorney
4. Demand in writing that the realtor return his entire earnings to the church fund due to his Ethics violation
5. If he decides to hold on to the money, then file an Unethical Practice charge at the local Realtor board / State licensing Board.
6. Cooperate with the investigation and provide facts. Not stories
7. If the board does not rule in your favor take it to civil court. Which will mean loss of his real estate license, return of earned commission, his legal fees and this groups legal expenses if he looses the civil suit.
REMEMBER
1) A realtor typically earnes 7% of the transaction (2.5million USD)which equals to approximately $175,000.00 (One hundred seventy five thousand dollars). Since we have approximately 600 families, and this is a community project, every family directly or indirectly has contributed about $300.00 to the realtor.
2) By the church being purchased at more than 1 million dollars excess. It means than an additional $1800.00 burden was imposed on each of us 600 families due to the decisions of a hand full of people (some of who do not even reside in the state of Texas, some who are not citizens of this country, some don't even live in USA). Such an imposition of monitory loss on families is legally, Ethically and Morally wrong. It can easily be challenged.
3) This is a property for the "Zyro Malabar Knanaya Catholics", The members of knanaya community do not have a choice to Opt-out. It is not that if you disagree with these decisions go to another church. This is the only Knanaya church in Houston. The parish priest being brought from India to Houston is to serve ALL Houston Knanayites. Every houston knanayites have directly or indirectly payed for the priests development, the communities development and the churchs creation. So the church hierarchy cannot bring an argument forward that take-it-or-leave-it.
4) Also the parish priest was new and naive. So all decisions were taken by the hierarchy sitting in Chicago and Kottayam. They were not closely and physically involved in the church purchase. They did not lend their ears to many wise counsels and cries during the purchase. They did not take time to listen to our pleas, talk to us, explain to us the urgency of the church. Which implies derelict of their duties. They are now not taking ownership of this tremendous monetary loss. They do not have a plan to help Houston by transferring funds from our Chicago Diocese funds for this costly mistake. Which only goes to imply that they only exerted pressure on the new priest and wanted the church by hook-or-by-crook. Now when times are difficult they are nowhere to be seen. So they are also very involved in this act of defrauding us Houstonian by more than a million dollar.
Now the BIG questions - What are you leaders going to do?
Respectfully, a true
TEXAN-KNA
"The only thing necessary for the triumph of evil is that good men do nothing" - Edmund Burke
No comments:
Post a Comment