Practicing real estate with integrity and following best practices are goals we aspire to as residential real estate brokers. That’s what the Realtor Code of Ethics is all about. Yet there are times when the best practice isn’t always clear, or the agent on the other side is causing us fits in a transaction.
That’s when great education can play a role in our success. And there is no better educational event than Battle of the Barristers, where our brightest real estate attorneys debate the pros and cons of difficult or unusual real estate scenarios.
This year, a sold-out crowd of more than 600 Realtors and affiliates attended the Battle at Meydenbauer Center on Oct. 1. The lively legal debate and seminar, approved for three clock-hours, is the primary fundraiser for the Seattle First Citizen Scholarship Foundation.
Mike Spence, general counsel for Seattle King Couty Realtors and a partner at Helsell Fetterman LLP, serves as instructor and moderator of the course. This year’s battling barristers included:
- Annie Fitzsimmons, legal Hotline lawyer for Washington Realtors®.
- Andrew Mathews, of counsel attorney at Stoel Rives LLP and outside counsel for NWMLS and CBA.
- David Daniel, co-owner at Demco Law Firm, P.S., who filled in last-minute for Lars Neste.
- Erin Varriano, general counsel for John L. Scott Real Estate
The scenarios discussed by our attorneys are generally fictional, but some are based on actual legal cases. Their knowledge and advice provide guidance to brokers in avoiding liability.
In discussing the first case about a scam seller, attorney Annie Fitzsimmons cautioned, “There are always red flags you should be aware of.” Questions were also raised about the use of AI to craft descriptions for listing agreements and the NWMLS database. “If using AI, check everything,” another panelist emphasized.
In another case scenario, stagers were allowed into a listing that had sold but not yet closed when they arrived to retrieve their items used for the staging. The buyer, who happened to be there, granted access. While removing some of the furnishings, some flooring and part of the front yard were damaged. Questions were raised about who is responsible for repairs.
Based on the facts, the barristers said the brokers may need to share liability. The case also served as a reminder of the dangers of allowing a buyer into a home pre-closing, or allowing a seller to stay after closing.
Another scenario raised issues about seller financing and using language provided by another party on an addendum or other documents.
“That’s one of the most difficult positions you’re put in, especially if you are skeptical,” Fitzsimmons told the audience.
“Seller financing can be risky,” added Spence, mentioning that brokers could be on the hook for not advising the client to do their own research and documenting such recommendations.
In the final scenario, Spence explained two of the “middle housing” bills the legislature passed in 2023: HB 1337 and HB 1110. He also reminded the brokers of a new online resource for tracking housing policy changes. Realtors + Housing has tables showing zoning code updates, links to jurisdiction websites, and other relevant information for King, Pierce, Snohomish and Kitsap counties.
This year’s Battle of the Barristers helped raise approximately $30,000 for the foundation. Since its beginnings in 1999 through last year, 388 scholarships have been awarded totaling $722,500. Scholarships are awarded in part for the recipients’ volunteerism and community service.
The Battle of the Barristers is a great event that funds a worthy cause. It reminds all of us we can always improve as real estate brokers.
Garrett Nelson is president of Seattle King County REALTORS®.