Dishin' Dirt with Gary Pickren

Fiduciary Duty: The Rule Real Estate Loves to Talk About—and Hates to Follow

• Season 6 • Episode 298

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0:00 | 30:04

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Real estate agents talk constantly about fiduciary duty—loyalty, disclosure, reasonable care and putting the client's interests first.

But does the real estate industry actually practice what it teaches?

In this episode of Dishin' Dirt, Gary Pickren takes a hard look at the conflicts between fiduciary duty and the way real estate professionals actually make money.

The Sitzer/Burnett case was an antitrust case, but the compensation system it challenged raises a much bigger question: Was guaranteeing buyer-agent compensation really in the seller's best interest—or was it simply good for the industry?

And after Sitzer, have we really changed?

Gary examines:

• Broker-to-broker compensation and why South Carolina REALTORS changed its forms
• Whether compensation should be negotiated as part of the offer
• Private and office-exclusive listings
• The South Carolina Real Estate Commission's limited-market-exposure guidance
• Research comparing private listings with broadly marketed properties
• Why brokerages want to control listings and consumer data
• Dual agency and the financial incentive to capture both sides
• Steering, affiliated services and other everyday conflicts of interest
• Why getting a client's signature isn't necessarily informed consent
• Why "it's legal" isn't the same as "it's in my client's best interest"
• What the next generation of real estate litigation could look like

Throughout the episode, Gary proposes one simple test every real estate professional should use:

WHO BENEFITS?

And an even harder question:

If your compensation disappeared from the decision, would you give your client the exact same advice?

Because fiduciary duty isn't really tested when doing the right thing also makes you money.

It's tested when putting your client first costs you something.

If the real estate industry wants consumers to view agents as trusted advisors, this is a conversation we need to have.

🎙️ Dishin' Dirt with Gary Pickren

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* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.