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Tom Scaglione Licensed Real Estate Agent,  Lutz,  FL

Date: January 2, 2008

You cannot stop it  It is call Anti-Trust and NAR is currently being sued by the DOJ and investigated by the FTC as well as many MLS's around the country.

.
Sincerely,

.
Tom Scaglione, ABR®, e-PRO®, REALTOR®
.
Avalar Realty of Tampa Bay, REALTORS®
1761 W Fletcher Avenue - Tampa FL 33612-1820

.
Off: (813) 969-0801 - Fax: (813) 969-0467 - Cell: (813) 310-8200
.
mailto:Tom@MarketingTampaBay.com
http://www.MarketingTampaBay.com
.
Serving Florida's Tampa Bay Area
.
Relocating anywhere nationally or internationally?
For specific assistance call International Relocation
at 1-800-523-2460 ext M713
.

 

 

 

From: RealTalk [mailto:mail@davemehta.com]
Sent: Tuesday, January 01, 2008 12:56 PM
To: tom@marketingtampabay.com
Subject: RealTalk: RE: Revisions to Article 12 ID004V4N

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Subject:

RE: Revisions to Article 12

Author:

mail@davemehta.com

Date:

January 1st, 2008, 7:15 AM PST

ID:

004V4N

As far as the IDX- our multiple listing services need to stop allowing membership to non-Realtors and the rest of us need to stop buying the leads. No customers- no lead pimps.

I support you whole heartily. How can we encourage our directors (NAR, MCAR) for this? Directors will get less perks.!

Dave Mehta

Re/Max New Trend

Bloomfield Hills, MI 48304




 

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Jackie Hawley Home Buyer / Home Seller,  Clarkston,  MI

Date: January 2, 2008

Tom-

Realcomp II Ltd - The Realtor's (R) MLS just had the suit brought by the FTC dismissed!

http://www.realcomp.com/news/ba121707hptemp

NAR needs to sprout a set!

Jackie Hawley, e-PRO
Keller Williams Realty
Clarkston, MI
Jackie@JackieHawley.com
www.miRelocation.com

You cannot stop it  It is call Anti-Trust and NAR is currently being sued by the DOJ and investigated by the FTC as well as many MLS's around the country.

.
Sincerely,

.
Tom Scaglione, ABR®, e-PRO®, REALTOR®

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Robert King Licensed Real Estate Broker,  Saint Petersburg,  FL

Date: January 3, 2008

 
Some enquiring minds want to know how to deal with Rouge Agents and Access to the MLS.
 

"As far as the IDX- our multiple listing services need to stop allowing membership to non-Realtors and the rest of us need to stop buying the leads. No customers- no lead pimps.

I support you whole heartily. How can we encourage our directors (NAR, MCAR) for this? Directors will get less perks."!

It's real simple guys. But let me assure you it's not about Directors and Perks.  It's really in your hands already you've just been "Alinskized" and don't realize it. It's just as simple as
OPTING-OUT when you input your listings. This is why I don't allow staff or team players to place my Listings in the MLS.  Actually I put my Listings in the MLS at the Seller's table just prior to them signing the listing agreement.  They see their property with all the pictures as any MLS agent sees the Listing right there in the comfort of their dining room.  You see when you input your listing you are AUTO-DEFAULT Opted-IN to the WWW via IDX.  However, in order to circumvent the WWW you MUST OPT-OUT when you Input your listing.  The come-on for IDX is always the same nonsense (((Exposure)))!  Will if (((Exposure))) is the magic button then why is sales volume so low and inventory so high???? 

It's really pretty simple, and I want to thank my E-Pro Coarse for educating me in this regard. The MLS is for Realtors and their Affiliates, however when the MLS can be accessed by anybody through IDX then the MLS becomes less effective, why because the consumer can circumvent the Realtor causing reluctance, creating more inventory, subsequently more expired and withdrawals, not to mention the price reductions.  It's like the talking house, it's fun and exciting but when you get down to it, why would you want to opt-out of one on one via a presentation that sounds so unprofessional, I've yet to hear a professional sounding talking house and I firmly believe that the first impression may be your last impression?

What ever happened to talking to the buyer directly.  If that doesn't happen I want the next best thing, a Professional MLS Board Certified Member Realtor to bring me a buyer!  Back when I had a Real Estate Website and everybody else thought Websites were for geeks, I was a STAR in the HEAVENS.  But when everybody else muscled in because of IDX and the magic button (((Exposure))) the bottom fell out of the market.  Why?  I don't have a reason, other than the statistics seem to point toward ACCESS to INFORMATION, basically we've given away the goose that lays the golden eggs, The MLS.  We allow to much information in the hands of those who mis-understand what only a Realtor can explain.  Now we've upped the anti with DOJ, FTC and Anti-Trust interpreters of the law, and everybody is running for the hills.  It all boils down to "freedom of information"!  Everybody thinks the Government can legislate FAIRNESS!  Yea right?  If you want to correct the problem then I suggest Opting-OUT when you input your listings.  This way only the MLS representatives get the information that is important. Look, if the buyer's agent is the buyer's representative, why would you want the buyer to circumvent their agent.  Look at the stats, we are in a FREE FALLING MARKET.  The consumers perception is their reality.  They see what we've produced, and they personally don't trust us?  Can you blame them?   We don't even know how to represent ourselves let lone the consumer.

Robert King
Broker/Consultant
Charles Rutenberg, Realtors
Clearwater, Florida
 

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Date: January 3, 2008

"What the heck does "yahoo" have to do with searching for something.  Domains are supposed to be short, easy to spell, easy to say, and easy to remember.  We shouldn't be penalized for having a domain that doesn't define or present a true picture of our websites."

This point does bring up some interesting issues. While domains are supposed to be concise and easily remembered, the E-pro course does seem to emphasize the use of a personal domain name that does not change such as You@your association.com or You@yourcompany.com. It could be argued that there may be better domain names that could be used to advertise a particular product. Any other thoughts concerning this?



Lena Butingaro
Coastal Carolinas Association of Realtors
951 Shine Ave.
Myrtle Beach, SC 29577
Lena@ccarsc.org

 

 

 

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Date: January 3, 2008

Jackie wrote:
 
If the MLS is open to non Realtors, how are disputes to be settled? When a Realtor puts a listing in the MLS they (we) have to abide by NAR's code of ethics. A non-Realtor doesn't.
 
 
Many courts have ruled that denying MLS access to non-Realtors is in fact restraint of trade. In the South East, the Eleventh Circuit has agreed and we have no choice but to let non-Realtors into the MLS.  Even though they do not have to comply with the same Code of Ethics we do, they must comply with the MLS rules and regulations. NAR has just implemented some new rules that bring MLS closer to the Code of Ethics in a number of areas.
 
 
 
BUTCH HENKE
Connell & Manziek Realty Inc.
2107 Air Port Blvd
Pensacola, Florida 32504
850.982.0025
popbutch@aol.com



Start the year off right. Easy ways to stay in shape in the new year.
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Lindy Hall Licensed Real Estate Agent,  Houston,  TX

Date: January 3, 2008

Hooray!!! Thanks, Jackie.... nice to know that somebody had the "guts" to fight it.

However, it is hard to put toothpaste back into the tube.
We've already given away the MLS in most of the USA, and it's unlikely it will ever be for our exclusive use again. If the rules for joining boards and MLS's had been made stringent.... we wouldn't be in this position.

I can't join the AMA, just because I want to....
I can't call myself a doctor, an architect, an accountant, a policewoman, a teacher, or hundreds of other things, because I don't have the TRAINING & EDUCATION..... so how did every Joe Blow and his uncle get to access our MLS and join our boards? 

The people we entrusted to run our boards and MLSs would have us believe it was for better exposure, better marketing? for more & better sales? 
So for that, they gave away any semblance of control we had.... 

As an old-timer, I LIKED it when people had to come to me to know what was available.
Sure, that ship has sailed.... but perhaps we can reinvent it and call it something else.

Lindy in Houston
 

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Suzanne Hathcock stephens Vendor,  Battle Ground,  WA

Date: January 3, 2008


On Jan 3, 2008, at 1:16 PM, Lena Butingaro wrote:
>
> "What the heck does "yahoo" have to do with searching for
> something. Domains are supposed to be short, easy to spell, easy to
> say, and easy to remember. We shouldn't be penalized for having a
> domain that doesn't define or present a true picture of our websites."
>
> This point does bring up some interesting issues. While domains are
> supposed to be concise and easily remembered, the E-pro course does
> seem to emphasize the use of a personal domain name that does not
> change such as You@your association.com orYou@yourcompany.com. It
> could be argued that there may be better domain names that could be
> used to advertise a particular product. Any other thoughts
> concerning this?
>
>

I strongly disagree with the idea of using your own name as your
domain name for anything other than email. While I've worked on and
will continue to work on long-established sites with their owners'
names as domain names, I prefer that the domain name be focused on
some specialty for which visitors will actually will be searching. For
example, if you were looking for a luxury home in Wilmington NC, would
you be more likely to click a search result for http://
www.BrianYork.com (I don't know that this is a real domain name.) or http://www.SignatureHomesWilmington.com?
Or http://www.JoeJanus.com/ vs http://www.HomesWithExceptionalStyle.com/

Few people search for properties by REALTORs(R) name, so it's a
criminal waste of highly valuable SEO/marketing turf to brand a site
with a personal domain name.

Unfortunately because of what I feel is misguidance, many REALTORS(R)
have gained SEO footing on long-established personal domain names and
can't afford to lose the traffic that they would lose by switching to
a newer, more appropriate domain. For example, the first/old domain
brings in the traffic, while the newer domain tells a story about
Joe's area of specialization: http://www.JoeJanus.com/ vs http://www.HomesWithExceptionalStyle.com/

Other problems with personal names as domains:

--The web site can't be sold to someone else.

--A web site personally branded to its first owner can't be
comfortably expanded to include more members of a team or brokerage.
For example, http://www.KTMills.com is actually a 4-person team, but
you wouldn't know it from the domain name.

Suzanne

Suzanne Hathcock Stephens
Point2Agent Design Partner
http://www.SuzStephens.com

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Neal Adler, gri,abr, e-Pro Licensed Real Estate Agent,  Studio City,  CA

Date: January 3, 2008

Non Realtors in the MLS.
 
Why would not allowing non-REALTORS(r) to join the MLS be a violation of anti-trust laws?  It would seem to me that any organization should be able to set whatever criteria it sees fit to be a member of that organization.  Following this logic would it be a violation of anti-trust laws to let non doctors belong to the American Medical association?  How about non-attorneys to be members of the American Bar Association? For that matter how about non REALTORS(r) to be a member of NAR?
 
We as REALTORS(R) have every right to protect our business. This is our livelihood and we should defend our way of doing business just like any other legitimate business.

Neal Adler, GRI, e-PRO, ABR
Associate Manager, Rodeo Realty
California Association of REALTORS(R)Director, Region 18
Member Professional Standards Committees
California Association of REALTORS(R)
Southland Regional and Beverly Hills Greater Los Angeles Associations of REALTORS(R)
California Association of REALTORS(R)Certified Professional Standards Trainer
www.nealadler.com
Direct 818-308-8679
Cell 818-282-2516
Pager 818-228-9999
Toll free 888-216-7530
Fax 818-761-7277

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freds@sempre.com

Date: January 4, 2008

 
>>Neal Adler wrote in part:
>>Why would not allowing non-REALTORS(r) to join the MLS be a violation of anti-trust laws?<<

Here's the California Supreme Court's opinion on the issue.

Marin County Bd. of Realtors, Inc. v. Palsson , 16 Cal.3d 920
<http://caselaw.lp.findlaw.com/ca/cal3d/16.html> (Free registration required)

"We decide here for the first time the extent to which the state antitrust law circumscribes the practices of a multiple listing service [16 Cal.3d 924] operated by a county board of realtors. We conclude that the Marin County Board of Realtors has violated the Cartwright Act (Bus. & Prof. Code, ยงยง 16720, 16726) by limiting its membership to persons primarily engaged in the real estate business and by denying nonmembers access to its multiple listing service."

California Business and Professions Code
<http://www.leginfo.ca.gov/calaw.html>

Fred
fsalzer@sempre.com
Poway, CA

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Date: January 4, 2008


>
>Non Realtors in the MLS.
>
>Why would not allowing non-REALTORS(r) to join the MLS be a
>violation of anti-trust laws? It would seem to me that any
>organization should be able to set whatever criteria it sees fit to
>be a member of that organization. Following this logic would it be
>a violation of anti-trust laws to let non doctors belong to the
>American Medical association? How about non-attorneys to be members
>of the American Bar Association? For that matter how about non
>REALTORS(r) to be a member of NAR?
>
>We as REALTORS(R) have every right to protect our business. This is
>our livelihood and we should defend our way of doing business just
>like any other legitimate business.
>
>Neal Adler, GRI, e-PRO, ABR

The simplest answer is NAR does not issue you a license to sell real
estate, your state does that. Because the MLS is the only
compilation (at least the major compilation) of homes for sale
keeping that information from those who are licensed to sell real
estate just because you do not belong to the NAR club is considered
restraint of trade.

I would also point out that non REALTORS who wish access to an MLS do
not get it for free so the argument that WE pay for it and they don't
does not hold water.

tOMe

Thomas A. Early, Master CEBA
425 W. Schrock Rd.
Westerville Ohio 43081
Serving the Greater Columbus Ohio area
TomEarly@BuyersBrokerage.com
http://BuyersBrokerage.com
100% Buyer Representation 100% of the Time
Past President of the National Association of
Exclusive Buyer Agents (NAEBA) http://NAEBA.org
NAEBA: 1-800-786-1570
Buyers Brokerage 1-614-890-2722

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