by Michele Newbern Gillis
Staff Writer
The state wants to help you stay out of trouble.
Really.
That’s the message from James Pierce, a real estate investigator with the Department of Business and Professional Regulation.
“My mentor’s philosophy was to be broker-friendly,” said Pierce. “He said to help anybody who needs it. We all make mistakes. If you own up to your mistakes, no matter how small or how big, you get through it and we try to help you get through those mistakes.”
Pierce says that he tries to help agents work through their problems, not hang them out to dry.
Pierce said punishment can range from a smack on the hand, to fines or even to losing your license.
“In most of the cases, we help them get beyond the problems,” he said. “There are those individuals and entities who are willfully and intentionally harming the public and the image of the industry and I want them out. That is my goal.”
He said that Realtors have worked hard to get where they are and to maintain their image and that they don’t need someone to damage that. One way they can protect their image is to report those they see doing wrong.
“If they are there, let us know and we’ll help you get rid of them,” said Pierce.
Pierce was in the commercial banking business for 11 years and then decided he wanted to be a Realtor.
“I got tired of a regular paycheck, so guess what I did? I got a real estate license and actively participated in your industry for about 11 years in sales and management,” said Pierce. “I’ve seen the front lines, so I know what’s there. There are some tremendous battles that you encounter. I understand the business from your viewpoint.”
Pierce gave an overview of the complaint process he encounters every day.
Complaints come into the DBPR and are reviewed for legal sufficiency.
“The one-sided story is told with evidence provided to prove that potentially there is a violation of the real estate license law,” said Pierce.
The complaint is then sent to a field office, such as Pierce’s Jacksonville office which handles this area, which sends out notifications and starts gathering information.
“My job is that of an enforcer,” he said. “I’m an aid, I help. I came from your industry so I look at problems differently. Practicing the business and my history, I also have insight as to how you think.”
He said it is very important to tell the truth; his experience allows him to ferret out non-truths, which means he’ll ask more questions and the agent will find himself deeper in trouble.
But, he says, of the complaints he receives, the vast majority have no merit.
“Of the complaints we receive, most are the result of bad communication, no communication, missed perception of the facts surrounding an issue or just somebody who doesn’t like you,” he said.
Pierce told the group about the five deadly sins of real estate: sex, drugs, alcohol, greed and ignorance.
“Sex, alcohol and drugs ... so many times people can’t control them, but as professionals hopefully you can keep those out of your business,” said Pierce.
“Greed is when you want more money as opposed to servicing your customer.
“Ignorance is when you just don’t know. Sometimes you know you don’t know and you go ahead anyway. The worst part is when you don’t know you don’t know and you go ahead anyway. Learning that you don’t know means that you give it to someone who does know and you share.