I think Gary may be onto something, keep on thinkin' it through Gary, you're almost there.
"That is the gist of the argument here, I think. I would say about half the listings on Craigslist do not include the fact that the person posting the listing is an agent."
This is where the train runs off the tracks my friend. You do not have to be an AGENT to Market Real Estate, so therefore you do not have to comply with NAR COE or anybody else's COE!. You don't even have to be a "Licensee" nor belong to any association to Market Real Estate. This is where our problem becomes paramount in our profession. The MLS has a set of rules that all Realtors are obliged to follow, where as the WWW has no requirements what-so-ever, not even licensure! In short as long as we voluntarily allow IDX (Internet Data Exchange) then the cross pollination of our ((("Privileged Information"))) will be made available for every "Marketeer" and "Pirate" to do their bidding. Our problem is that the restrictions afforded us under the NAR COE do not apply to the Marketeers, Licensees (Non-Realtors), Pirates on the high seas of cyber world surfing and the most questionable Internet thieves ((((Affiliates)))). Most states require that all affiliations be disclosed, but that only applies to the real world not virtual world affiliations! The laws that apply to the real world are not the same laws that apply to the virtual world (cyber world). The same goes for all ETHICAL standards of practice!
NAR and the Boards of Real Estate have a strict set of rules and guidelines unfortunately those rules and guidelines only apply toward it's "Members"! Who are those ((((Members)))) any Tom, Dick or Harry who happens to pay their dues for access! Until we as an Organization and Association take back what is rightfully ours!!!!!! the Rouges and Pirates will prevail under the current laws. Whether you realize it or not, where do you think all these lead generators get their LEADS? We provide our leads via IDX and their Affiliations, and then we buy them back for monthly fees. Stay in there Gary you are on the right path.
The biggest problem we face doesn't have to do with reworking the mouse trap as much as it has to do with Internet Affiliations that sell the information we provide back to us the Realtors! Most people fail to UNDERSTAND a "Licensee" is not necessarily a Realtor. A"Licensee" is a person who has met the minimum requirements to conduct real estate transactions with in the state they reside in. A Realtor is a person who not only has met the minimum requirements of state licensure law but a Realtor is a dues paying Board of Real Estate Member that is obligated under the State and National Associations to abide by the rules.
We are basically a bunch of Union Workers. We work under a code which is "assumed" to be honorable in the eyes of the Public. Unfortunately, the general public has a different opinion of our code and honor and the only reason is because of all the ((((Affiliations)))) and Non-Cooperation of everybody across the playing field. In short, (no pun intended) we have become our worst enemy. Our image in the eyes of the public has become questionable! If that were not so then our sales would be moving in a positive direction and the value of real estate would be rising not falling. For the past 7 years we have been treating Real Estate as an Investment tool and forgetting that it's more about a roof over somebody's head than an Investment. Real Estate is becoming more like the Stock Market Investment, rather than what it's initial purpose was intended to be, Land Ownership. But that was not the original intent for Real Estate! When you play a short in the Real Estate Market somebody is going to get burned personally. That's what's going on right now. We have a whole lot of shorts going on and everybody is Unhappy! How can that be???? We have the most advanced form of Communication known to mankind!!!! We have the Internet!!!! Unfortunately along with that Internet we have a whole lot of ((((Mis-Information))))). It starts with IDX (Internet Data Exchange). We may need to RE-THINK our values and our conduct and how it may be best to just allow the MLS system to be the Tool of Realtors, not the Re-Interpretation of the Marketeers, Pirates and Tire Kickers looking for a another scalp to hang on the wall of success. I'm always amazed by the intellect of a great former founding father of our Great Nation when he coined the reality of a Transaction. "A transaction is when to people agree and believe that what they are about to receive is of equal or greater value than what they are about to part with". That statement is not about compromising our values, it's about agreement between opposing opinions. Who better to determine that than someone who should be a non-beneficiary to that transaction? Who would you rather trust a Realtor, Pirate, Marketeer or the Opposing Party to the transaction? I'd pick a Realtor every time. Why? Because they have a code of ethics that is suppose to be of higher standards than a Pirate, Marketeer, and the Opposing Party. But that's not how it is in our system. Why? Because we have to many ((((Affiliates)))) with their hand out..... saying, "Monthly fee, Annual Membership, Designations, Badges of Honor" that only the choir understands while 80% of the general public is shopping online for their next venture. I think we've sold the farm and don't realize it. We don't need a Revival we need Resuscitation!!!
Robert King
Broker/Consultant
Charles Rutenberg, Realtors
Clearwater, Florida