May. 4, 2009
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 Others are great because they are perfect for marketing in an age where newspapers, radio, and television have been replaced by RSS feeds, Pandora, and Youtube.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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