Red Flags to Watch Out for When Choosing a Real Estate Agent

Most agents are honest, and the data says most clients are satisfied: 88% of 2025 buyers would use their agent again or recommend them. (NAR 2025 Generational Trends Report) But 5% said they definitely would not, and 5% more said probably not. (NAR 2025 Generational Trends Report, Exhibit 4-11) One in ten is a lot when the transaction is the largest of your life. The warning signs below are drawn from what Mississippi law actually prohibits, what ethics complaints are actually filed about, and what I have seen across the table in several hundred transactions.

What the complaints are actually about

The most-cited article in ethics complaints against REALTORS® nationally in 2025 was Article 1, honesty and the client’s best interest, followed by Article 12, false advertising, and Article 9, failing to properly document agreements in writing. (South Carolina REALTORS®, 2025 NAR Professional Standards statistics) Article 1 reads: “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.” (NAR 2026 Code of Ethics)

Mississippi’s license law lists the conduct that can cost an agent their license. The first four grounds are all about truthfulness: “making any substantial misrepresentation,” “making any false promises of a character likely to influence, persuade or induce,” pursuing “a continued and flagrant course of misrepresentation,” and “any misleading or untruthful advertising.” (Miss. Code § 73-35-21) Nearly every red flag below is an early version of one of those.

Twelve red flags

1. No disclosure form

Mississippi requires the “Working With a Real Estate Broker” form at the first meeting, and the instructions are not subtle: it “MUST be completed at the FIRST meeting a real estate licensee has with a prospective client.” (MREC) An agent who is already asking about your finances and has not produced the form is skipping a legal step on the first day.

2. Vague answers about fees

“We’ll figure that out” or “it’s standard” are non-answers. Every written buyer agreement must now include “a conspicuous statement that broker fees and commissions are fully negotiable and not set by law.” (NAR) An agent who cannot state a number in an interview is telling you how the rest of the relationship will go.

3. Pressure to sign a long exclusive today

Agreements are negotiable in length and exclusivity, and NAR tells buyers to “ensure you feel comfortable with that arrangement” before signing. (NAR Consumer Guide) Urgency is a sales technique. A six- or twelve-month exclusive with no cancellation clause, presented as a formality, is a red flag regardless of how friendly the presentation.

4. The highest listing price in the room

Sellers interviewing several agents sometimes hire the one who quotes the highest price. Agents know this, and some quote high to win the listing and then push for reductions. Ask every agent for the comparable sales behind their number. The Mississippi statute’s prohibition on “false promises of a character likely to influence, persuade or induce” (Miss. Code § 73-35-21(b)) exists for exactly this behavior.

5. Dual agency without an explanation

Dual agency is legal in Mississippi only with “informed written consent,” and a dual agent gives up “the duties of full disclosure and undivided loyalty” to both sides. (MREC form) An agent who glosses over that box, or who seems eager for you to buy their own listing, has a financial interest in both halves of the commission. The statute lists “acting for more than one (1) party in a transaction … without the knowledge of all parties” as grounds for discipline. (Miss. Code § 73-35-21(e))

6. Steering to one vendor

Recommending a good lender is a service. Insisting on one is a flag. RESPA Section 8 prohibits anyone from giving or accepting “any fee, kickback or other thing of value” for settlement-service referrals, and the CFPB has brought enforcement actions against brokerages and referral networks for exactly this. (CFPB, 12 CFR § 1024.14; Husch Blackwell on CFPB RESPA enforcement) Affiliated arrangements are legal with written disclosure; ask for it.

7. Discouraging an inspection or an attorney

A licensee “cannot give you legal or financial advice” (MREC form), and an agent who waves off your request for one is protecting the closing date, not you. Same with “you don’t really need an inspection on a house this new.”

8. Slow responses before you have signed

Responsiveness was one of the top three things satisfied buyers cited, at 89% “very satisfied.” (NAR 2025 Generational Trends Report) The interview period is when an agent is trying hardest. If it takes two days to get a call back now, it will take longer in week six.

9. No recent local closings

Ask for the addresses of the last five. The typical REALTOR® closed nine sides in 2025, and newer agents closed two. (NAR 2026 Member Profile; HousingWire) An agent who cannot name recent sales in your area will be guessing at your price.

10. Loose talk about the other side

If a listing agent tells you, an unrepresented buyer, that “the seller is desperate,” they have just violated their fiduciary duty of confidentiality to their own client. (MREC form) It may feel like useful information. It is also a preview of how your information will be handled.

11. Blank or incomplete forms

Article 9 of the Code of Ethics, properly documenting agreements in writing, was the third-most-cited article in 2025 complaints. (South Carolina REALTORS®) Mississippi law separately requires licensees to furnish “at the time of signing, copies of all listings, contracts and agreements to all parties executing the same.” (Miss. Code § 73-35-21(i)) Never sign a form with blanks, and always leave with a copy.

12. The license does not check out

Before the first call, look the agent up on the Mississippi Real Estate Commission’s public search (MREC Find Licensee) and scan the Commission’s published disciplinary actions. (MREC Disciplinary) Confirm the name matches, the license is active, and the sponsoring broker is who the agent says it is.

If something has already gone wrong

Mississippi has a formal process. Any “member of the public or a real estate licensee” can file a sworn complaint; “the complaint(s) should have the signature(s) notarized and must be received by MREC within 60 days of the notary date,” with “ALL supporting documents or photos” attached, mailed to P.O. Box 12685, Jackson, MS 39236. (MREC Sworn Statement/Complaint Form) Once filed, the licensee must respond with “a written statement specifically addressing the allegations of the complaint, with a notarized signature” and must produce “the ‘ENTIRE WORK FILE’ (every piece of paper in the file).” (MREC Complaint Process) The Commission’s phone number is (601) 321-6970. (MREC)

Before you get there, call the agent’s broker. The broker is responsible for the licensee’s conduct and can usually fix a problem, or release you from the agreement, faster than a formal complaint can.

How to check me against this list

I am the broker, so the person you call about a problem is the person who caused it or can fix it. The MREC disclosure form comes out before we discuss money. My fee is a number on page one. I do not hold an ownership or referral interest in any lender, title company, or inspection firm. And my license and history are a one-minute search on the MREC site. I would rather lose a client to this checklist than win one who did not run it.

Frequently asked questions