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I discovered when I started college that most people who work with computers aren’t very social… or I should say weren’t very social. These days, I can be a social butterfly without having to go anywhere, or make idle conversation, or even dress up (actually, ever since my wife took the animal tags off of my clothes, I’ve had a lot of comments on how “special” I dress). The truth is, more and more people like computers more than people. I guess that’s why there are so many computer dating services, though why anyone would want to date a computer is beyond me!
Realtors, on the other hand, are generally very social. They are usually quite friendly (except seemingly to each other), often think they have a great sense of humor, and are occasionally even funny (by the way, before you take offense at this, please know that I am NOT talking about you!). But, Realtors historically haven’t been the most receptive to new technology. In the “good old days” I could gather a group of Realtors with one quick “free food” call, then clear the room twice as fast by saying “but you have to use a computer to get your food!”
Those days are long gone.
Realtors now embrace technology. In fact, I’m constantly learning about new sites from members. There are some great tools on the Internet – Blogspot, Audacity, Facebook, Twitter, Youtube, Flickr... the list goes on and on. Some of these tools are cool because they’re useful, free, and easy to use. Others are great because they are perfect for marketing in an age where newspapers, radio, and television have been replaced by RSS feeds, Pandora, and Youtube.
Social media sites seem to be the most popular sites for Realtors these days. What better way to market to socio-phobics than to meet them in their own world? Posting a comment on a local real estate discussion board is a great way to show your knowledge of the market. And who isn’t interested in reading about what’s happening in his or her own neighborhood?
But, when it comes to sharing listing information on these social media sites and discussion boards, you need to keep in mind that these sites are not your own website. The rules that allow you to display active listings on your own website don’t apply to these other sites. In order to advertise another broker’s listing, you must have that broker’s permission. If you don’t, then you are not only breaking the MLS Rules, but you may also be violating Chapter 475. And that means you could be hearing the most offensive four-letter “f” word there is for a licensee… FREC!
But don’t worry, Brother Geoff is here to help you. Just keep in mind that Brother Geoff (also known to nobody as “Bro Geo”) is not an attorney and knows nothing about real estate license law, so his advice will be based on how to avoid breaking the MLS Rules on advertising. How you apply this to general advertising requirements under Chapter 475 is between you, your attorney, and your DBPR investigator.
First, it’s important to understand that there is a difference between what you provide to a prospective customer and what you put in a comment you post for everyone to see. What you give your prospect – whether in person, by email, or through some other means – is a real estate service (speaking in terms of MLS Rules, not licensing law). If what you are presenting is available to anyone who happens to see it – through the newspaper, on your website, or in your comments on a local real estate blog – then it is advertising.
You have permission to display other brokers’ listings on your website and your company’s website through the MLS Rules. But that permission doesn’t extend to any other websites. This means that there are things you can do on these other sites and things that you can’t do.
Let’s start with what you can’t do. You can’t dress up as a pixie and go trick-or-treating on Halloween… oh wait, that was a discussion my wife was having with me at home the other night (who knew that some people find this behavior odd?). Let me start over…
What you can’t do is post a link to a listing report you generated through the MLS directly on one of these social media sites. MLS rules only allow you to post listings (or links to listings) on your own website or your office website. Let me mention, though, that this only applies to other brokers’ listings, so if you want to create a link to your own listings, you are welcome to do so (just make sure that you are meeting other advertising requirements).
What you can do is post a link to a page of listings on your own website. Depending on your IDX solution, you may be able to link people directly to MLS search results (Solid Earth’s Gateway product has this capability). So, if you want to share all of the foreclosures with your Facebook friends, just send them to your website. This is where you want them to end up anyway.
When used responsibly, technology is a wonderful thing. Remember, you are always a Realtor, even on the Internet. You still have to follow license law, you still have to follow the Code of Ethics, and (most importantly, if you ask me) you still have to follow the MLS Rules.
If anyone asks you why, you just tell them that Brother Geoff said so. Then, when they stop laughing, you can give them some other reason.
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There are so many things going on it’s hard to know where to begin. I want you to understand Virtual Office Websites, so I guess I’ll start there. I must warn you, though, I’m not feeling particularly funny. I’m sure that won’t keep you from laughing, though, because I never feel particularly funny and yet every time I leave a room people just bust out laughing. Being the paranoid person I am, I do occasionally check to be sure that I don’t have a note stuck to my back (or back end). By now you’ve probably read one or two emails about Virtual Office Websites, or VOWs. There are lots of things to understand, but, since even the concept has proved challenging to relay, I’m going to skip most of them. Frankly, I don’t really understand them either. I’ve already tried closing my eyes and wishing them to disappear, but they’re still here. So, as I typically do when I don’t understand something I am forced to explain, I’m going to talk in circles and make stuff up (I just wanted you to be prepared). What is a Virtual Office Website? I think we all understand the concept of an office, and most of us understand the concept of a website, so let’s focus on the other word, “virtual.” “Virtual” is an interesting word. I looked at several definitions, and rather than list them all, I’ll sum them up for you. When something is virtual, it doesn’t really exist. Thus when I say “virtually everyone agrees with me,” I actually mean that nobody agrees with me. So, put them all together and you get a Virtual Office Website… a website for an office that doesn’t exist. (I must tell you that Susan is reading over my shoulder and is “tisk, tisking” me. I think she prefers a definition of virtual that means that it only exists on a computer. Unfortunately, she’s probably right. So, if you take her view, then a VOW is a website for an office that only exists on a computer. My concept is much more fun, but hers will work better for our discussion, so we’ll use it in virtually all of our discussion). “Why would someone only want to have an office on a computer,” I hear you ask. An excellent question, but an irrelevant one. Why would anyone want to be a Realtor? But, that’s irrelevant too, no matter how many times you’ve asked yourself that question over the last eighteen months. You’re a Realtor, and, in the same way, there are brokers who might want to have an office that only exists on the Internet. If you keep asking irrelevant questions, I must warn you that this dissertation could become quite long. All right, so we now have a definition of a Virtual Office Website. Now let’s talk about what it means in practical terms. Say I’m a broker who wants to offer brokerage services over the Internet. I don’t just want to have a list of available properties on my website for visitors to peruse before they return to their Google search, I want it to be a “real” office. One where you walk in the door, you’re greeted by someone, you sit down, have a cup of coffee, discuss market conditions, see how much your home is really worth, tell your six-year-old that she may only have one more tootsie-pop from the jar… everything that happens in a real office. In order for me to do that, though, I will need more than just the active listings available through Internet Data Exchange (IDX). I will need all of the listings (I will also need a virtual gumball machine; the kind that you pay twice as much as it ought to use because the first gumball shoots out without warning and rolls under the counter). So let’s look at this in more detail. I have an “office.” In the window, I’ll display a few active listings that are available in the area. Actually, because I have a big window, I’ll have enough room to display all of the active listings available in the area. I can do this on my website through IDX. Anyone who passes by can see the available listings, but I won’t know who the person is. If a passerby calls me up later and mentions that he or she saw such-and-such a property, great! But if he doesn’t, I may never know anything about him. But… if the person opens the door and walks in, then I’ll get a chance to learn more about him before I show him property. I’ll want to know his name, address, phone number, driver’s license number, social security number, birthday, neck size, color preference, pets’ names… anything I can get to better help him find a home. And on the Internet, this is where VOW kicks in. Before I can show him anything through my Virtual Office Website, this visitor-turned-customer will need to register on my site. Once he does that, and once I verify that he at least gave me a valid email address, then I can offer brokerage services such as CMAs, BPOs, PDQs… all of the letters of the alphabet and then some. That’s a Virtual Office Website, and in order to be successful using that type of business model, I need to have access to the same information that other brokers use – the full MLS database. “Why would anyone try to sell real estate that way… it’s silly… you don’t even meet them face to face… I don’t think they should be allowed to do business that way…” Okay, you were doing okay until that last statement. It might be silly, it might not be as effective as the way you sell real estate, but the government tends to think that trying to control how a person conducts his or her own business isn’t really very nice. In fact, it’s called restraint of trade (or something) and I believe it’s illegal. “Don’t my sellers have a right to say where their listings go on the Internet?” Yes and no. Yes, your sellers may choose not to have the listing display on the Internet at all, but if it’s anywhere on the Internet then a broker has the right to display it on his Virtual Office Website. There are actually four ways a seller may control his or her listing as it pertains to VOWs. First, the seller may choose not to have the listing displayed anywhere on the Internet. In the MLS, the listing agent would choose “none” under the “Put on Internet” list. A seller may choose whether or not to allow the property address to be displayed on the Internet. This is a Yes/No selection below the “Put on Internet” list that currently says “Display Address on Public Sites” (clearly this language will need to be changed since it now pertains to private, Virtual Office Websites as well as public sites). In addition, a seller may choose whether an estimate of his property’s market value may be included with the property information (or in a link from the property information) on a VOW. Also, a seller may choose to prohibit VOWs from including a way for people to comment on his listing. To facilitate this ability, FAR has redesigned its listing agreements to include a seller’s choice for each of these situations. More information on the form changes is available here. In the MLS, fields will be added to accommodate these last two choices. “So, what if I want to have a Virtual Office Website?” If you want one, then we’ll arrange to provide a feed to you or your Affiliated VOW Partner (which, of course, we call “AVPs” because “vendor” or “website developer” doesn’t sound cool enough). Both you and your AVP (*sigh*) will need to sign a license agreement with the MLS, and there is a one-time $129 fee to set up the feed. There are also other restrictions and guidelines, so you will want to look at the VOW section of the MLS Rules. So, that’s all I can think of to tell you about Virtual Office Websites for now. If you have any questions, you may post them on the blog or email me. Regardless, you should really get on board with this VOW stuff; virtually everyone is doing it!
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Most of us are familiar with a shooting gallery, you know, with the ducks that move across the screen… er, I mean range. There are usually several rows, with some rows moving faster and others slower. If one of the rows happens to stop, then you have a sitting duck (okay, I just made that up, what you really have is a dead duck).
To me, and to those brave souls who volunteer to sit on an MLS committee, short sale listings are like the ducks in a shooting gallery – a moving target. It seems like we just get a handle on this relatively new phenomena when something else comes up and we have to reevaluate our position. The best and most recent example of this is the policy regarding short sales under contract.
The MLS committees have been very deliberative in their consideration of short sales (and I say “committees” because the Commercial MLS Committee played a big part in crafting a policy). Every recommendation that either group submitted to the Board of Directors was thoroughly debated as its members considered all of the ramifications of their actions. To all of their credit, the handling of short sales in the ECAR MLS system is as good a solution as any, and better than many.
But the target keeps moving. Reports from the field indicate that “this” is now happening or “that” is now occurring. Everyone is frustrated because the lenders’ policies change (not to mention their seeming inability to get a deal done). A successful transaction relies heavily on the listing Realtor’s relationship with the lender. All of this happens in an environment of stress and perceived personal failure.
So, when the MLS Committee was presented with a passionate plea to allow short sales under contract to remain active, the debate was intense. The issue actually had to be continued to a special meeting. And this was not the first discussion on contingent short sales. Ultimately, in light of the seller’s plight and news of continued change in lender policy, the MLS Committee agreed to allow these listings to remain active.
But the row of ducks moved, and it didn’t take long before I started to feel like we were on one of the rows that stopped. Ultimately it took a visit from the Good Father Chesser to help us straighten things out. It seemed fitting since the Good Father (that’s with two O’s… we’ll have none of THAT) had been our point person in the past when trying to get short sales in our sites (I’m beginning to regret using this analogy).
Just so you don’t think this is totally worthless dribble (or at least no more so than usual), I’ll answer a couple of questions that may have come to mind. Please note that even if you don’t list short sales, please read the answer to #1 since it calls on you to take action.
1. If I have to place a short sale listing in contingent or pending status, how do I continue to market the listing like it indicates in the addendum? This question has a two-part answer. First, it’s important to understand that, although the MLS is an avenue to market a listing, it is not the only avenue (it’s also important to realize that marketing a listing is not the primary purpose of the MLS). Secondly, and this is the part of the answer relies on everyone participating, if you put the listing in Contingent status, those agents with buyers looking for short sales will know that they should search Contingent listings too.
2. What was the overriding factor that caused the MLS Committee to change its mind? For legal reasons, I try never to discuss how a committee or the Board of Directors reached a decision, but thanks for asking.
3. What are you, some kind of an idiot? Answer my question! Okay, since you pressed, with answer #2 in mind, I will share with you what I think was the overriding issue, but keep in mind this in no way represents what the MLS Committee was thinking. Because our attorney recommended that we not allow them to be left in active status.
I think everyone understands that there is a lot at stake here. It would be nice to think that every one of you could be the “Super Realtor” that swoops in and saves the day. Hang on to that thought. But also remember that there are (at least) two sides to every transaction. You have to be sure that neither the buyer nor the seller feel like the sitting duck. By the way, the February 2009 Florida Realtor Magazine has a good article on short sales. Check it out here.
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We have a problem. A serious problem. Okay, we have lots of serious problems, but this one is seriouser than a lot of other serious problems. The problem with our problem is I have to be careful talking about our problem because I wouldn’t want anyone to think that I’m trying to meddle in anyone’s business. However, this is such a big problem that it can’t be ignored. So it’s analogy time at the ole blog.
Let’s play a game. It’s called Guess the Price. I’m going to offer something for sale and you have to guess the price I’m willing to accept. Sound familiar?
It doesn’t really matter what I’m selling, but let’s say that I’m selling my collection of Brady Bunch trading cards (except the Marcia cards, she’s dreamy). So guess what price I’m willing to accept?
Wait… I’m going to help you. I subscribe to the TCLS, the Trading Card Listing Service. This is a service of the AGLA, the Association of Geeky Losers of America. AGLA offers the TCLS to give its members an opportunity to advertise trading cards they want to sell.
So here’s how I’m going to help you guess the price I’m willing to accept for my Brady cards (less Marcia): I have listed them on the TCLS for $50. I know what you’re thinking, $50 for Brady cards? Who would sell them for such a low price – even if they didn’t include the Marcia cards?
Here’s something else you need to know: I have to sell these cards because there’s a new Steve Erkel bobble-head doll out that I want to buy. I am really quite upset about not having the money to buy the Erkel doll. So you might say that this is a distressed sale.
So make a guess. $40? $25? Are you kidding? The Erkel doll costs $250! And I’m planning on using all of the money I get from the Brady Bunch cards to buy it. Are you starting to see the problem with my game? I listed them for $50, but I have no intention of taking less than $250. Why would I do such a thing?
The AGLA is all over me about this. They call it false advertising, which it is. Geeky Losers have a Code of Ethics that states that I won’t misrepresent myself or my trading cards (one guy tried to impress us by saying he had pictures of every model of Apple Computers ever made, but he lied. The Geeky Loser Advisory Council made him hand over his slide ruler and use a calculator for a whole month!).
It makes no sense to list my cards for a price I know is too low to cover the cost of the bobble-head. Not only does it make me look bad and ticks off potential buyers, listing it in the TCLS like that makes all of the geeks think that all trading cards for stupid shows from the late ‘60s are only worth that much (you should see the emails I get from the Beverly Hillbillies geeks).
I’m making light of the problem, but our situation is very, very serious. Read the email we received from one broker. His is not the only story, but he sums things up very well. Ed Smith conducted a class on short sales in early December. He said that most of the time low prices are a result of good-intentioned agents who want to help the sellers and think that artificially low offers will pique buyers’ interest. But all it does, he said, is clog down the system and cause the whole process to take much longer. He estimates that 75% of all offers being submitted to lenders on short sales are unacceptable. Talking to Ed, I got the impression that most acceptable offers are within 20% of fair market value, but when I pressed him on this he said that there were a lot of other variables the lender considers when reviewing offers.
Florida Association of REALTORS®’ legal counsel Randy Schwartz believes it could be putting both the listing agent and the seller at legal risk. In answer to questions about this subject, Randy said that a case could be made for misrepresentation and false advertising when a licensee lists a property for a price that the licensee and seller know is not acceptable. The seller might also be on the hook for civil damages, according to Schwartz.
I want to be clear: nobody is trying to dictate what a property should be listed for or even suggest that we should all do this-or-that with listing prices. But considering the suspected intent of the action as trying to help, considering the way the situation is viewed by the public, considering how this is clogging up the process, and considering the way the practice creates risk for the agent and seller, it only makes sense that everyone go back to the basics and use common sense to get the job done.
We’ve all got to put our best effort into every aspect of our business or we will see our profession go right down the tubes. It won’t be because of a slow market, it will be because using a Realtor in a real estate transaction will be viewed as a frustrating, risky, and angry experience. Who would want to add grief to their lives if they didn’t have to? And trust me, you can’t make a living selling Brady Bunch trading cards – especially if you aren’t willing to include the Marcia cards too!
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If you like the sensation of an amusement park ride but can’t afford a trip to Orlando, just come by the MLS office any given afternoon. Come watch us as we zig this way and zag that way. I say this for no other reason than to set up the excuse I’m about to give for not having updated my blog in two months. (And get the violins out, too, ‘cause this is going to be a tear-jerker!)
All seriousness aside, once I posted the Golf Tournament entry (which, by the way got a lot of laughs but didn’t accomplish much else), I started to feel this overwhelming pressure that I needed to top it in my next post. Well, it only took two months to get over that silliness. But, I’m still zigging here and zagging there, so rather than continuing to be silent, I thought I would share my day with you.
It occurred to me the other day that I get a lot of good questions in my email and they give me plenty of opportunity to offer creative (and sometimes correct) answers. What a resource! So here are some questions and answers that have passed through my inbox this week. In truth, there really isn’t anything funny in them, so feel free to skip them and wait for my next blog.
Question: I signed up to get the email notifications from other agents, as I like to know when things are happening. I signed up for the four areas that I focus on, Destin, Niceville, Santa Rosa Beach, and Miramar Beach. The problem I am having now is that I am getting the same email three and four times from agents. I haven’t done an email blast but I assume they are choosing to send the listing to all three or fours area’s lists and that is why I am getting multiples. Is there any way to fix this issue outside of me just taking my name off the list?
Answer: I get copies of all of the emails sent through each list. Whenever someone uses the lists inappropriately, I send them an email explaining the rules. [the rules, by the way, are that you can only send email to the list in the area of the listing to which you are promoting. I also chastised someone today for trying to recruit using the email list… of course I chastised in a cute and witty way! g.g.] If they persist (and no one has so far), they are going to be banned from using the email lists. I realize that isn't a perfect solution, but it should keep the number of unrelated emails to a minimum. Please give agents a little time to get used to the new feature. I'm sure it will be beneficial to you.
Question: Hey, do you have any good articles about Realtors respecting other Realtors even during the toughest times. We all have to work together to make it work. It seems the Realtors are getting harder and harder to work with because they are so mad at the world and they spend more time [complaining] about the obstacles we have to overcome rather then working together to put deals together. I work so hard to put the most difficult deals together and I am finding more and more Realtors are getting more and more hateful and harder to work with. I am seeing this every day and when I speak to a few other Realtors they are also experiencing more difficult deals because of the attitudes of our local Realtors.
Answer: Welcome to my world. :-) Your comments are very true; everyone is on edge. I will look for something and then post it. [I found A Field Guide to Stress Management on the NAR site that might help. Although the question was a very good one and based on valid facts, I did find it amusing that this question was asked by a Realtor who got one of the emails I mentioned in my first answer. It really is a problem, though.]
Question: Why did my MLS sheets start showing and printing in such a large font that it takes three pages to print each listing?
Answer: Go to your setting for Text Size and change it back to Medium (it's a browser setting under the View menu or under the Page button). The reason it happened is because Internet Explorer (and all of Windows for that matter) allows you to make things on the screen bigger or smaller by holding down the Control key and then "wheeling" your mouse's scroll wheel. You probably changed the Text Size when you were clicking to select multiple list items. [I really did want to answer “because it knows you’re getting older, but since the question was asked by one of our new ECAR leaders, I decided to refrain. See, dear, my A.D.D. medicine does help me sometimes!]
Question: How come some listing say “N/A” for the expiration date, yet when I try to go in and put that on my listings it will not allow me to do so. Does this apply to everyone that each listing must have an expiration date or are some people excluded from having to do this?
Answer: It always displays "N/A" unless you are looking at your own listing. So when someone else sees your listing, they see "N/A" for your expiration date. [By the way, if you ever happen to print out an Agent Full version of one of your listings, say for a tour or something, please realize that the expiration date is included on that report. You can avoid printing your expiration dates by using the Agent Full w/o Expiration Date format.]
Question: I tried to send an email to one of the email lists and it rejected me. I subscribe to that list, why would it not let me send an email?
Answer: The reason it rejected your message is most likely because your email address in the MLS is different from the one you used to send the email (for example, my MLS email address is geoff@ecaor.com, but when I send mail from home I send it from geoffgurney@cox.net). Overall we are looking for ways around this, but for now the Email Manager doesn't understand that the two email addresses belong to the same person. If you can send it from your MLS email address, it should work.
Question: I see the next Emerald Coast Open House is scheduled for January. How can we get our listings included in this?
Answer: The Great Emerald Coast Open House is open to all ECAR members. The way you participate is by adding your open houses to your listings in MLS through the Open House function in Maintenance. This automatically includes it on the EmeraldCoastOpenHouse.com web site. Be sure to select that it is a "public" open house. If you would like to use ECAR Open House signs, email Michaela and she’ll hook you up. If your plan is to use a model home as your "meeting place" you can add that to the comments section of the open house.
Question: What happened to the map button on the right hand column of the search results page? And what is the N for?
Answer: The map button on the right was used to get to the old mapping system. Up until last week it was the only map that had all of the overlays (like areas and flood zones). But now the main map, which is powered by Google instead of the original Solid Earth mapping system, has the overlays and statistics. Just click on the address of the property to get all that you would need. The "n" is to enter Private Notes related to the listing that only you (or your broker) can see. You enter them through Maintenance. This way you can keep important, but private information about the property available to you even when you are away from your files.
Question: Thank you for your efforts to allow ResortScape to feature our listings. I understand in the future there will be a way to have new listings elect to have them go to their site. How can we elect for our listings that are already in the MLS to be put on their website? What other national sites are you negotiating with? We have a list of national sites we planned to feed our listings to and would like to know which ones you may work out a deal with thru our MLS instead of having to do it individually for our company.
Answer: Any listing that had "All" selected in the Put on Internet list was included. To include a listing in the ResortScape or LandWatch feed that does not have "All" selected for Put on Internet, select “SecondSpace” from that list. Currently the only other national site we send data to is Realtor.com. We are talking with a company called Threewide (http://threewide.com) to begin offering their ListHub product. ListHub is a listing syndication product that allows you to choose and send your listings to several national sites. I hope to have this in place by the first of the year.
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In closing, let me thank all three of you for your continued readership and encouragement. Since the blog has the capability to exchange thoughts and ideas (and since RealTown won’t let me shut that feature off), feel free to comment or ask your own question. Just please remember to be nice since this blog may be seen by people who don’t understand you the way I do.
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ECAR’s Golf Tournament is ready to roll. I heard Lisa Norton and Sam Kinkaid going down the checklist just today.
“Date?”
“Check – September 19”
“Location?”
“Check – Indian Bayou Golf & Country Club in Destin”
“That’s good; it’s easy for everyone to get to and we haven’t played there before.
“Sponsors?”
“Check – we’ve been blessed with generous sponsors!”
“Contests, prizes, raffles?”
“Check… check… check!”
“Players?” …
“Players???” …
“Sam!? Do we HAVE PLAYERS!!?”
At this point the scene got crazy. Tears were flowing, hair was pulled (their own, not each other’s), and papers were tossed around trying to find any lost registration sheets.
After they calmed down, they did what anyone would do in that situation. They got on the phone and called ECAR.
“Pat,” they sobbed, “do we have any players signed up for the golf tournament?”
I couldn’t hear Pat’s answer, but it must not have been good because the sobs got worse. That’s when I snuck away saying I had to go break a computer or something.
The fact is, with just over a week left before the ECAR Annual Charity Golf Tournament, only a few teams have signed up to play. The Realtor Outreach Committee is bewildered, and frankly, so am I.
ROC lowered the cost from $100 to $85. It’s tax deductable (although, I’m not a tax accountant, so consult your local tax attorney… oops, there goes the eighty-five bucks). Members can even charge the $85 to their accounts.
In years past this was the event of the season. As I write this, I can hear a voice echoing in my head (it kind of sounds like Don Dineen). “Why, in my day we used to challenge other offices to try to beat us … the sissies.” Has everyone lost their sense of camaraderie? Their sense of community? Their sense of “let’s kick their butts?”
But, I think I might have the answer as to why people aren’t signing up to play. I’ve heard a lot of talk. Let me share with you what I’ve heard, although keep in mind that my hearing may not be very good.
THE TOP TEN REASONS REALTORS AREN’T SIGNING UP FOR THE ECAR GOLF TOURNAMENT:
#10… It’s too cold in September to play golf; nobody wants to attend an ECAR event where you might need to bring a sweater.
#9… Indian Bayou’s course doesn’t have a windmill hole and they make you use all of the clubs. Not only that, but the balls aren’t pretty colors. I’ll sign up when they have one at Goofy Golf.
#8… ECAR staff always cheats so that they can win the duffer’s award. That can’t possibly be that bad every year!
#7… There is too much free beer, wine, soda, and food. I would hate to take advantage of the generous sponsors by eating their food and drinking their beer
#6… I live in Niceville and it’s not convenient to – oh wait… Niceville is close to Destin… um, I live in Seagrove Beach, and Fort Walton Beach is so far – oh wait… the tournament isn’t in Fort Walton Beach this year… um, I live in Destin and I don’t know how to get there! [Okay, that’s one I’ll buy, because we all know that Realtors sit at their desks all day long and never travel the streets.]
#5… I was saving the $85 to pay the IRS at the end of the year.
#4… It’s not the last minute yet and I only sign up for things at the last minute.
#2… Golf tournament? What golf tournament?
AND THE #1 REASON WHY MEMBERS AREN’T SIGNING UP FOR THE GOLF TOURNAMENT…
#1… I don’t want to donate to a charity that I may have to use next year if the market doesn’t pick up!
Please. Don’t make excuses. Sign up and play. It is a ton of fun. There’s food, and drinks, and prizes, and entertainment (especially if you follow the ECAR staff around… we are that bad!). And it’s for an excellent cause.
Please, fill out a form. You don’t have to know how to play. You don’t have to set up your own team. You get to spend four hours on a lovely golf course (longer if you’re behind us). And you don’t even have to have the money (in the words of Jeff Foxworthy: “a check, oh I thought you wanted real money!”)
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I would not want to be a Realtor. Not because I don’t respect the profession, but because I don’t like to work that hard. I’d be preaching to the choir if I described in detail everything involved in what you do for a living, but there is one aspect of your business that I do want to talk about – selling yourself. In my mind, it’s the hardest part of your job and one that takes the greatest amount of energy.
A major part of any salesperson’s job is getting his or her name in front as many people as possible. It takes creativity to find ways to get through people’s “someone is trying to sell me something” filter. Some Realtors are better at it than others, and sometimes it comes down to being in the right place at the right time.
Many times successful promotions involve working with people you don’t know or have never done business with. This is not only unsettling, but it can also be costly.
I received a letter from member the other day that described a situation that he (or she) would like me to share with others. I’m not going to disclose the people involved, but anyone interested in finding out more may contact me at geoff@ecaor.com. For the sake of the story, I’ll refer to the Realtor as “Bill.”
Bill connected with someone we will call “Pam” who represented herself as the general manager of a local hotel/motel, the “ECAR Inn.” Pam met with Bill at the ECAR Inn and presented him with a promotional opportunity to advertise on the hotel’s keycard holders – the folders the hotel gives to its guests with the keys in it. Bill agreed and paid $3,000 for the advertising - $1,500 when the order was placed and $1,500 when the proof was approved.
The proof came in within a week, and delivery was to be made the following month. When the product didn’t arrive as promised Bill called and was told there were complications. So things continued to drag on. After six months the keycards still have not arrived and Bill has not been able to get a satisfactory resolution.
As it turns out, Pam misrepresented herself when she said she was the ECAR Inn general manager. The actual manager only met Pam when she presented the promotion to him. The people involved in the production of the piece were available on occasion, but eventually their tone became one of threats and intimidation.
Whatever the outcome may be, Bill feels like the whole thing was a scam. He paid good money for an opportunity he believed would put him in front of many thousands of visitors to our area. $3,000 doesn’t seem like a lot to get results like that, but it’s a lot of money when you end up with nothing!
As Bill continued to look for answers, he noticed a couple of things that may help you avoid a similar experience:
- In the initial correspondence with Pam, she said not to call the ECAR Inn office because “the employees would not be able to help him.” She only wanted to communicate by email.
- The agreement did not include a product delivery date. This has made it difficult to claim that there was a breach of contract for non-delivery.
- The ECAR Inn was not a party to the agreement, so there is nothing that compels the hotel to actually use the holders. As it turns out, the ECAR Inn is not going to use the holders – although seemingly they were going to originally, So even if Bill gets the product, they aren’t going to do him any good.
While it may be easy to spot a scam after the fact, it’s not always easy to know who is offering a legitimate opportunity and who isn’t. Here are other suggestions that may help:
- Get references when working with a new company or individual, especially if you have to pay money up front.
- Be skeptical of individuals who encourage you to move quickly so as not to lose the opportunity being offered.
- Talk to someone else about the idea, someone who does not have a stake in the deal.
- Step back and consider the worst-case scenarios. Be sure that you do everything possible to minimize the potential for problems.
Maybe you’ve had an experience similar to Bill’s. If you want to publicly share information, I would only say that you may want to avoid divulging the people or companies involved. I’m not an attorney, but it’s one thing to know something about someone else and it’s another thing to say something about someone else publically no matter how true it might turn out to be.
You’ll notice I never have mentioned my Dad’s name. By the way, he spent his whole life in sales. Maybe that’s why I hide behind a computer.
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Responsibility.
It’s something I’ve tried to avoid all of my life.
“Take responsibility for your actions.”
“Be responsible!”
Not meaning to bring my dad up again so soon, but responsibility is something he started harping on me about since the first time I dropped my pacifier and shrugged my shoulders when he asked how it ended up on the floor.
Just as ugly to me is the word “accountability.” My dad liked that word too. Gag me!
They kind of go together, accountability and responsibility. I’m not even sure I always understand the difference, but I’m sure my dad could tell me if I asked. I’m not going to call him, though. He’d ask me why it had taken so long for me to call him. “Don’t you realize it’s your responsibility to…” yatta-yatta-yatta.
Sure, Dad.
We all have responsibilities, and we’re all accountable to someone. As an MLS administrator, I’m responsible for making sure the MLS system is up and running, and I’m accountable to you, Barry, the Board of Directors, the MLS Committee, the street cleaner…
The MLS Committee and Board of Directors are responsible for creating the rules that govern the MLS. The rules must accomplish certain things, like making sure listings are accurate, without stepping on the toes of the brokers as they differentiate themselves from other brokers. The MLS Committee and Board are accountable to the National Association of REALTORS® who insists that the MLS Rules adhere to their policies, because they are concerned about, and accountable to, you the member.
In turn, as a Realtor, you have the responsibility of adhering to the Code of Ethics, and you are accountable to your fellow Realtors and ECAR for the way you conduct your business, ethically speaking. The cool thing is that you are also a “fellow Realtor.” Other Realtors are accountable to you for their conduct. But even so, in order to exercise this accountability, you have the responsibility to file a complaint with the association.
See why I try to avoid these words. It’s a never-ending chain.
So what does this have to do with MLS? Glad you asked. To answer, I’m going to tell you another story. But sorry, no girlfriends in this one.
Once upon a time a Realtor entered a listing into the MLS that raised some eyebrows. The reason it got everyone’s attention was because the price was “way out of line” in some people’s view.
Well, everyone was up in arms. Everyone wanted to know what the MLS was going to do about this listing. They all waited with breaths held for the MLS to describe the extent of their wrath.
The MLS had the responsibility of responding to concerns about listings that might be inaccurate, so they confirmed the price was accurate. The MLS made sure that the price in the computer was the same one that the Listing Agent and the Seller had agreed to. But the MLS did nothing else.
The people got upset. “What?,” they cried. “That’s it? No fines? No lynchings?”
“Nope. No lynchings,” the MLS replied.
“But, why not?”
The MLS explained. I seemed that the MLS was accountable to the National Association of REALTORS®, and NAR policy said that the MLS could not interfere with a contractually agreed upon list price.
“You wouldn’t want us tell you and your seller how much a property should be listed for, would you?,” the MLS asked. (Keep in mind that in our story, the market may not have been like it is in our all-to-real world, the one where Realtors would love the MLS to tell Sellers what the listing price should be.)
“Well, that’s just not right!, “ the Realtors exclaimed. “This is wrong! This can’t be allowed!”
The members called for an investigation, asking “what is the Board of Directors doing about this?” They couldn’t understand how a Realtor could do such a thing. “It’s unethical!,” they cried.
“Really,” the MLS said. “Unethical?”
“Well that’s good news, because – if in fact it is unethical – then you who are up in arms have recourse. File a complaint,” said the MLS.
The members started to shy away. “Oh… well… we don’t have time to do that,” they said. “We don’t want to get involved in that mess,” they told the MLS, adding “but it still isn’t right.”
“Sorry,” the MLS replied. “If you aren’t willing to step up to the plate and exercise your right of accountability, then you really have no where to hang your hat.”
“We know it isn’t as easy as clicking on a link and reporting an error in a listing, but isn’t it just as important?”
The MLS apologized, saying “We can’t do it for you. It’s your responsibility.”
So I guess our story ends here. The MLS couldn’t go beyond their responsibility, and the members were unwilling or unable to take it upon themselves.
Is there a moral to the story? I’m sure there is, but I’ll leave you with the responsibility of finding it. I’m sure my dad would help. Want his number?
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A question came up recently as to handle a Short Sale listings in the MLS when a buyer has made an offer and the seller has agreed to send it on to the lender. May the listing agent leave a listing as active until the lender has made a decision? Here is the answer:
The MLS Rules state that when a listing goes under contract, the listing must be put in either Pending or Contingent status – unless there is a “first right of refusal” clause in the contract with a time frame of seventy-two hours or less.
Thus, the question becomes: when does a listing go under contract? That is probably more of a legal issue than an MLS issue, but let me offer these non-legal thoughts in the form of an analogy. Remember, I am not an attorney and I do not have a real estate license, which means I really don’t know anything about anything. With that in mind, here is the analogy.
Let’s say the MLS Rules included a paragraph that said that the only time a man and woman may live together is when they are legally married. How will I know if the woman that steals the covers from my side of the bed every night and I are breaking the MLS Rules by living together? It’s going to be a question of whether we were married twenty-two years ago or only said nice things to each other that day in the park.
My father (who was not an attorney either) taught me that when people agree to something in writing and everyone involved signs it, then you have committed yourself to whatever was agreed upon. For the sake of illustration, let’s say that my father taught me well (please don’t ever tell him I said that).
Now, let’s say my girlfriend and I, lo these twenty-two years ago, went to the courthouse and agreed to be married. Based on what my daddy taught me, if we both signed the marriage license, odds are we were legally married (at least she acts as if we were).
Let’s say that my then-girlfriend was under the age of legal consent, whatever age that might have been, when we went to be married. And let’s say that the law at that time said that if someone under this age wanted to be married then a parent had to sign the marriage license as well as the parties wanting to get married. If my girlfriend and I both signed the license, but her father did not sign it, then we probably were not married.
The same is true with Short Sales. If you have a contract, then the listing must go into either Pending or Contingent status, but if you only have an offer, then the listing may stay active. If the lender is a party to the agreement, then the lender would probably have to sign the contract too. Keep in mind, though, that the FAR Short Sale Addendum states that the lender is not a party to the contract.
Chances are that if you have a contract to purchase with both a buyer’s signature and a seller’s signature, based on what my daddy taught me you probably have a contract.
I hope this helps. If it only confuses you, please email me and let me know.
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So it begins, the ramblings of a new "blogger." I hope that you will find this blog of use as it develops. My intent is to start a stream of dialog regarding MLS issues, LIST-IT tips and tricks, new MLS functionality, and anything that seems useful.
Often I get off the phone with someone and say to myself "self, you ought to write something up about this and send it out to the members." And that's where it ends. So I hope to be able to share little tidbits of information as the thoughts occur to me.
This blog will not be about Geoff or anyone really. It's my attempt to continue what I started doing twenty-one years ago: help Realtors in Northwest Florida get the most out of the MLS system so that they can concentrate on the important stuff. Communication has always been the key.
The biggest trick will be posting material that you will actually read (which most would say is kind of silly considering the concept of "R.D.R.") and want to respond to. You will be the one to determine how successful I will be. And since I thought I heard Barry say that I was going to start getting paid by the blog response, your participation will be very important.
So stay tuned. Hopefully this will be the last post that really doesn't say much. Never be shy about suggesting topics or better word usage. You will never hear me complain; I love for people to talk about me!
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