RealTown's RealTalk

Tom Hathaway responds in part:

…We had at least four different licensees claiming in their advertising that they sold more real estate than any other agent in the Memphis Market.

Of course, depending on when one was counting, this could be true.   If between the hours of 6:00 am on October 1, and 9:00 am that same day, it is possible that an agent closed a deal and claimed to be number one during that time.  Then a different agent might close a deal an hour later and claim to be number 1, and so on.  

…Just something to think about.

Mark Jay comments:

It IS something to think about AND discuss—and that’s just what we’ve been doing. Remember that the NAEBA member is different than the non-member when it comes to practice methodology, ethics and most of everything else. This is something that the Toms, Jim and others have impressed on Real Talkers over the years. And over the last few days we’ve seen what this means in explicit detail in their own words.

NAEBA members of the Toms “stripe” believe that the NAEBA code of ethics is superior to the NAR code. Here’s what Sherry Edwards, a friend, associate, franchisee of Tom Hathaway and also along with Tom Hathaway, a Charter Member of the NAEBA, said in her famous lawsuit when she—represented by Attorney David Barry—was suing her MLS board for MILLIONS of dollars.

I will describe why I believe that the NAR Code of Ethics is unethical, and why I adhere to a substantially higher code of ethics and standards of practice as published by the National Assn. of Exclusive Buyer Agents, attached at page 170-176.  Here’s the link http://www.barryfirm.com/dnld/MLS_BuyersCorner_EdwardsDecl.pdf the excerpt is from page 6—in the first complete paragraph.

Keep in mind that Tom Hathaway has told us that he works with Attorney Barry as an Expert Witness. Here’s a little more about Attorney Barry from Francis Flynn Thorsen’s Blog at this link: http://therealtygram.typepad.com/realtygram_blogger/2005/03/who_is_david_ba.html

One or the other of the Toms and likely both, as well as other EBAs have said that they are only members of NAR to gain access to MLS. That is also the context and thrust of Sherry Edwards quote above. It doesn’t seem likely that the NAEBA members intend to be bound by the REALTOR COE when they have their own that—in the words of Sherry Edwards, Charter member of the NAEBA—is “a substantially higher code of ethics”. So I think that Neal Adler urging caution citing Article 12 of the REALTOR COE is largely a waste of bandwidth from the viewpoint of the Toms, Jim Bourgoin and likely a host of other NAEBA members. A host of other NAEBA members? Well, Tom Early—number 1 EBA in the WORLD, is the immediate past president of the NAEBA. Who elected him and his sense of ethics?

Here’s a link to the official site of the NAEBA containing the “substantially higher code of ethics” of the NAEBA: http://www.naeba.org/naeba/codeofethics.htm Here’s a link to the official site of the NAEBA containing the NAEBA SOP: http://www.naeba.org/naeba/standards.htm

You’ll notice NOT ONE WORD in the NAEBA COE or SOP requires an NAEBA member to present a true picture in his or her advertising. So Jim Bourgoin is completely within the NAEBA practice methodology when he takes another broker’s MLS sheet, adds his name and contact information to it, slaps the NAEBA logo on it and then advertises it on the internet just like it was his listing—and by his ethics it is. We have the two time and immediate past president of the NAEBA Tom Early—and Number 1 EBA in the WORLD—support this practice as being “innovative”. And now lastly, we see Tom Hathaway, a charter member of the NAEBA state; “WE had at least four different licensees claiming in their advertising that they sold more real estate than any other agent in the Memphis Market” and then offer up the rationale supporting the claim of his licensees.

Back to the origin of this thread; my observation that Hathaway shouldn’t be surprised when someone comes to him proposing a deceptive or likely fraudulent business deal—recently MORE than once. Maybe these prospective fraudsters follow the Real Talk exploits of Tom Early—Number 1 EBA in the WORLD, Jim Bourgoin with his large inventory of beautiful NAEBA branded listings that he advertises on the internet and Tom Hathaway who on his website under “current news” and the total of over 118 MILLION dollars saved-- has an article from October 18, 2000 proclaiming Hathaway’s franchise system to be ranked In The "Franchise Gold 200" By Success Magazine. If I were Hathaway I would drop the year 2000 date line from the article. Don’t worry Tom, your representation would still be completely within the NAEBA code of ethics. Here’s the link:  http://www.forbuyers.com/news.asp  Enjoy!

Mark@MarkJayRealty.com