In my many years navigating dispute resolution as a broker of record, I have seen variations of the “tree versus view” scenario play out countless times. It is the classic example of how quickly a professional transaction can unravel when memories conflict.
Picture this
The property was spectacular. Perched high above the valley, it offered sweeping panoramic views that stretched for miles. As the buyers stood quietly, taking it all in, one of them finally asked the obvious question: “Do you think those trees will eventually grow tall enough to block this view?”
They explored the possibility that the trees were on the neighboring property, noting that future trimming would likely require the owner’s cooperation. They also acknowledged that no one could guarantee the trees would ever be removed or trimmed and emphasized the importance of investigating the issue further before moving forward if preserving the view was a deciding factor in the purchase.
It was exactly the kind of thoughtful, professional conversation clients expect from a trusted advisor. The buyers appreciated the guidance, and the transaction closed. Life moved on.
Some time later, the buyers contacted the neighboring property owner and politely asked whether the trees could be trimmed. The answer was immediate. “Absolutely not. They are my trees.”
Suddenly, that conversation from the showing became critically important. The buyers remembered the discussion differently from the agent. The agent was certain the risks had been thoroughly explained. The buyers were equally certain they had never been warned that the view could eventually disappear.
Neither side was being dishonest. They simply remembered the same conversation differently.
Unfortunately, there was no contemporaneous memo to the file. No follow-up email confirming the discussion. No written record documenting the questions that were asked, the issues that were discussed or the recommendations that were made.
The transaction had become exactly what every broker hopes to avoid: a dispute based entirely on competing recollections. A simple email, drafted while the conversation was still fresh, might have resolved the issue before it became one.
Today’s consumers expect more from their agents; simply opening doors and preparing contracts is not enough. They expect professional guidance, thoughtful advice and clear communication. Ironically, the very conversations that demonstrate an agent’s value are frequently the least likely to be documented.
Why documentation matters
In today’s post-National Association of Realtors settlement environment, documentation has evolved from a good professional habit into a transactional necessity. As transparency and the demonstration of agent value become industry expectations, every client, peer, or vendor is a potential point of scrutiny. Documentation is one of the most effective ways to demonstrate professionalism, protect clients, and manage risks.
The reality is that the conversations most likely to create future disputes rarely feel significant in the moment; they happen during property tours, over the phone or in casual discussions about strategy. Everyone leaves believing they understand one another until they don’t. Because memory is naturally imperfect and tends to fade, relying on vague recollections or “he-said, she-said” is never an effective strategy.
A dated “memo to file” or a professionally written follow-up email, created contemporaneously with the events, creates a reliable record of what occurred and when. It protects your client, strengthens your credibility and serves as the most persuasive evidence that you fulfilled your professional obligations.
Text messaging is often part of the communications process, but it should never replace professional correspondence. Avoid relying on casual texts filled with acronyms; instead, follow up with a professionally crafted email that treats the communication with the same care as an “old-fashioned” letter, starting with a proper salutation and clear summary.
Documentation is not defensive. It’s proactive
Some agents worry that documenting conversations feels formal or unnecessary. In reality, documentation is exceptional client service. When you send a follow-up email summarizing an important discussion, you eliminate confusion.
When you memorialize instructions, recommendations, options discussed and decisions made, clients gain confidence that nothing has been overlooked. Documentation creates transparency, builds trust and leads to long-lasting relationships. When you take the time to confirm and document conversations, clients realize that you care.
Retain your communication and transaction logs in accordance with your state regulatory requirements.
What should be documented
As a general rule, if a conversation influences a client’s decision, protects the client’s interests, affects the transaction or could later become important, document it.
Examples include:
- Advice and recommendations, including those that notify a client they are “acting contrary to broker’s advice”
- Material disclosures
- Client instructions and discussions
- Inspection issues, repairs, and negotiation
- Offer, counteroffer discussions, deadlines or extensions
- Any significant conversations, whether in person or via phone
- Questions or concerns that require a referral to qualified professionals for guidance
Anytime you find yourself thinking, “Should I make note of that?” the answer is a resounding yes.
Documentation benefits everyone
Accurate and consistent documentation protects the clients, the brokerage and agent, the integrity of the transaction and your professional reputation.
It also allows anyone reviewing the file to understand exactly what occurred without having to guess. A well-documented transaction tells its own story with clarity.
Timing is everything
Waiting until the end of the day, or worse, several days later, to document an important conversation increases the likelihood that details will be forgotten. The best documentation is completed while the conversation is still fresh. Recording reflections in your Notes app or other electronic means is an easy and accurate way to ensure accuracy.
Do not attempt to record any conversations without the express written consent of the parties, whether by use of artificial intelligence or any other means.
Objective documentation
Focus on facts while avoiding emotion, assumptions, speculation and opinions. Make note of who was present, what was discussed, the date, time and location if relevant. Recap the decisions made and any contemplated follow-up that may be necessary, and do so as promptly as possible.
A final word on professionalism
Before every important conversation, during every important conversation and immediately afterward, just ask yourself one simple question: “Will I need to prove this at some point?” The conversations that matter the most deserve more than our best recollection; they deserve documentation.
In today’s real estate environment, a thoughtful follow-up email or contemporaneous memo isn’t merely a good business practice; it is your best witness to the professionalism, care and fiduciary commitment you have demonstrated throughout the transaction.
Kathy Mehringer is the Broker of Record for Compass in California and a real estate compliance and risk management professional with decades of experience helping brokers and agents navigate complex transactional and ethical issues. Connect on Instagram or LinkedIn.
