As I sit checking my email on my iPhone, I began thinking about everything that we can do on smartphones and small tablets. It. Is. Amazing. 

I can deposit a check into my account by taking a picture, track a friend’s location — with permission of course, check traffic patterns, listen to music, track how far I’ve ran, track how much farther before I get to my destination, receive news notifications, talk in real-time with friends and family and take some of the best pictures and video without having to carry around separate camera items. I can pay for coffee and food, scan items to find out how much they cost, read a book, find out what song is playing, binge-watch “House of Cards” and “The League,” find the cheapest parking spot, and even board a plane. And these are just the personal things that I can do on my phone, which means I can do a ton more with phones for work. 

The conveniences of technology have made us arguably more efficient, more communicative to our clients and customers and sometimes, frankly too accessible. I recently closed on my home and thought about all the communications I had with my agent by way of phone, email and text in addition to the fact that I signed documents on my phone. And this got me thinking, it’s probably a good idea to remind you of the risks of practicing real estate on your phone and tablet.
I came up with some everyday reminders to help you better guard yourself against making errors in a real estate transaction when practicing on your smartphone and tablet. The following are what I refer to as “self-preservation and risk reduction.” “Self-preservation” is defined by Merriam-Webster simply as, “protection of yourself from harm or death.” I like to think of this as a way I can help you protect you from you. 

Set boundaries

It’s okay to let clients and customers know after a certain time of day or day of the week that access will be limited. Whether that’s so you can spend time with family or friends, watch the game, work out or sleep, you need your time away. You can still be a high-functioning agent, but if you are too stressed, under fire by your family or friends for failure to be there, or too tired, you won’t be the best version of yourself. Besides, when you’re not on your “A game,” your decision-making skills are lessened, and you absolutely are not the best version of yourself for anyone. 

Sometimes a phone call is all that is needed

I always say, “If I’m having a bad day, I need to remember to not take that to work,” meaning I should not take my frustration to a separate situation, including into the email or text that someone has sent me. For example, you send me the following text about a transaction we are working together on: “Could you send over the inspection report?” Because of the state of mind that I am in, I interpreted your text more along the lines of, “since you are either too busy or clearly unable to manage your transaction, send over the inspection report.” Obviously that is me putting my spin on a simple and likely innocent sentence. Sometimes a phone call allows me to hear what you’re saying — not saying what I hear. 

Do unto others

I was once told if someone invites you to an event by mail, unless told otherwise, you RSVP by mail; likewise if someone texts you an invite, you can text your RSVP back. This leads me to my next point. One of the major complaints I have been hearing from agents lately is that “I call the other agent and ask them to call me, and the agent then texts me. When I ask them via text to call me, they text me back rather than calling.” It’s frustrating, I am told. And no, the text scenario is not generation-specific — meaning the lack of calling someone is not exclusive to the Millennial generation. 

So my version of the Emily Post of real estate etiquette generally says respond to the communication in the method requested — not in the method that is easiest for you. 

Take a breath before responding

Taking a breath before responding is the equivalent of counting to 10 or writing a letter and then throwing it away before you send your actual response. The latter, by the way, is much trickier to do on a smartphone because accidentally hitting the “send” button is much easier than marking a letter with a postage stamp or sending a fax. We are not adversaries. We have the same goal to assist the consumer in getting to the closing. 

I once had a manager tell me that her agent was being accosted by way of email, text and phone by another agent during a closing. And the manager told the agent, “Just remember we don’t know what’s going on in this person’s day. We can control our behavior, so let’s just take a deep breath and get through the closing.” 

Everyone has a bad day, and while poor behavior and lack of being professional should not be swept under the rug, a cautious reminder that we don’t know what’s happening in someone else’s world is an important one. An agent’s manager can still be contacted to discuss the incident and concerns as to the combative nature that ensued. I am not suggesting we refrain from self-policing that is of the utmost importance; if a complaint needs to be filed with the local REALTOR^® board and/or the Department of Safety and Professional Services, then so be it. However, as the legal department, we have determined the most important first step should be to contact the manager to discuss the state of the situation, the circumstances surrounding it and any of the paths you and your company will be taking as a result. 

Watch out for handheld transactions

Smartphones and small tablets are fantastic for real estate transactions, and the mobility and accessibility of these items are unrivaled. However, they can create some major issues. 

For example, when reviewing the offer submitted by the buyer’s agent via your smartphone, say you failed to notice that neither the inspection contingency nor the closing of the buyer’s property contingency have deadlines inserted on lines 421 and 310, respectively. Using your smartphone, you then forward the offers to your seller, and by way of email, you mention a couple of concerns such as closing date and low earnest money. The seller says he understands those concerns but likes the fact that the offer is for cash higher than list price, so he accepts the offer and delivers it back to you. You in turn then send the signed, accepted offer back to the buyer’s agent by a method of delivery approved in the offer. And the offer — without two major deadlines — is accepted and is now in play. 

In this scenario, a party could attempt to argue that because all material terms were not specified, there was no meeting of the minds, and therefore the contract is not enforceable. If an accepted offer includes a blank line in an applicable contingency, the parties may agree to amend the offer to agree on a time frame. Again, the parties have to agree to amend. 

Neither the parties nor the licensees can unilaterally add conditions to the contingency missing in the offer. For example, if a blank line on 310 occurs in the bump clause, the listing broker cannot say, “typically we see 72 hours in this contingency, so the seller decided the buyer gets the 72-hour time frame once the seller gives notice of being bumped.” If the offer does not include a term, a party or the licensee cannot make one up. Hopefully, the parties can resolve the missing deadline time frame via amendment. However, if the parties are unable to reach an agreement, they should consult with legal counsel. 

So before you send that text or forward that transaction document using your smartphone or tablet, take a step back because the risk may be greater than the reward.

Cori Lamont is Director of Corporate and Regulatory Affairs for the WRA.