When working with clients who don't speak English, following the right procedures in your company helps guarantee that nothing is lost in translation. In addition to the complexity and potential for miscommunication that come with real estate transactions, non-native English speakers may face additional challenges while attempting to grasp an English-language contract. The National Association of REALTORSĀ®'s most recent "Window to the Law" video explains how to serve clients who don't speak English well and how to prevent the dangers of potentially incorrect translations.
Real estate agents may be held accountable for misinterpretations that occur. In one instance, a real estate broker who acted as an interpreter in a deal had his broker's license revoked and he was suspended. In the video, NAR Associate Counsel Deanne Rymarowicz describes how he was charged with misleading French-speaking purchasers about the conditions of the English-language contract.
When working with clients that have limited English proficiency (LEP), she offers the following advice to ensure a more seamless transaction:
Make use of a translator. Google Translate and other automated translation services should be regarded with suspicion. Rymarowicz advises, "Even if you speak the other languages well, think about hiring a third party to translate documents for the client."
Write it down. Employ a translation or interpretation agreement that specifies who will act as the client's interpreter, their relationship to the client, and whether they will help the client with the entire transaction or only a portion of it, such the home inspection or closing, advises Rymarowicz. "Any broker liability for inaccurate translations should also be disclaimed in the agreement," she continues.
Look for other materials. For instance, the EPA already provides translations in 11 different languages for its Lead-Based Paint Disclosure. Five languages are available for translations of Fannie Mae's key loan forms. Translations of important documents and contracts are available from numerous state and local REALTOR® associations. Resources for homebuyers and sellers in Spanish are available through NAR en Español.
Make sure you understand. "If a contract is translated, make sure the LEP client knows that the English documents will govern the transaction and that the translation is only being provided to help them understand it," advises Rymarowicz.