There’s always something to howl about.

Category: Supplanting the NAR (page 7 of 10)

Raising the Bar or Bellying Up to It?

I hear a lot of chatter from successful REALTORS® about “raising the bar” for being a REALTOR®.  In other words, do a better job of distinguishing between REALTORS® and licensees.  This came up during a strategic planning break-out group today and we all thought it sounded like a good plan, but had no idea how to get it done.  So where do you go to figure out how to make the term REALTOR® actually mean something more than a common licensee?  A bar, of course.  Surely a few beers would generate enough creative thinking to solve this conundrum.

“Sam Adams, please.” 

The first order of business is to figure out how we got here – by “here” I am speaking figuratively and not how we arrived at the Dog House Bar and Grille.  Why is there no difference between a REALTOR® and a licensee?  I blame license law.  That’s right, license law.  It seems to me that over the years, state license law has “improved” to a point that there is very little difference in the REALTOR® Code of Ethics and state license law.  The ironic thing is that the REALTOR® organization has worked hard to strengthen license law over the years.  That’s a classic example of a raising tide lifting all boats.

Take disclosure, for instance.  I can only think of one thing that the REALTOR® Code requires to be disclosed that the license law doesn’t – REALTORS® are required to tell their seller clients about verbal offers where license law only requires disclosure of written offers.  Well there’s a strong marketing point!  Other than that, I can think of nothing significant that REALTORS® are required to do that a licensee is not also required to do.

“Another Sam Adams, please.”

So, what is the solution?  Do we think up a whole bunch of things that REALTORS® have to do or disclose that a common licensee does not?  Maybe we could require REALTORS® to disclose that the neighbor will throw potatoes at you if you purchase this home?  Or maybe we require REALTORS® to disclose all the future development plans within a mile of Read more

Big News on Data Standards

Creative Commons License photo credit: wfyurasko


I’m guessing that the main purpose of BHB is not to spread the news – especially NAR news.  Being the resident NAR insider on BHB, I promise I will not use this site to spread NAR propaganda…er…news.  But this quiet piece of information is actually VERY big and I doubt it will get much attention outside the hallowed halls (or ivory towers, if you prefer) of the REALTOR® organization.  

On Friday, April 11th, NAR announced that the Real Estate Standards Organization (RESO) had unanimously approved a “draft standardized data format for distributing real estate listing information.”  Okay, I expect that most of you NAR skeptics are not particularly impressed by that bit of news, but let me try to explain why I think this is important.

First, you should understand this was not a group of NAR leaders in a back room filled with cigar smoke that agreed to this draft.  Yes, NAR helped organize this group, but check out this list of organizations/companies that UNANIMOUSLY agreed to a set standard:

The standard was drafted and unanimously approved by a RESO working group composed of NAR’s Center for REALTOR® Technology and many of the real estate industry’s leading publishers and consumers of real estate listing data. They include MLS Assistant, MLS Listings Inc., MLSPIN, New Jersey MLS, TREND MLS, Move Inc. (operator of Realtor.com®), Bridge Interactive, Bainbridge, Cevado Technologies, CLRsearch, eNeighborhoods, eShowings, FBS Data Systems, Google, Homescape, Marketlinx, Oodle, Point2, PropBot, Prudential Preferred CRE, RealEstate.com, Realtracs, ThreeWide, Trulia, Vast, Yahoo! and Zillow.

Now approving a “draft” means there is likely more work to do, but this is an important first step in making listing data seamless on the Internet and between MLS systems.  What’s the next step?  According to the news release:

The draft standard will be implemented immediately by several of the partner organizations. Following their feedback, a final draft will be presented and voted on during a meeting of the partners in August.

This agreement has far-reaching and mind-boggling implications for listing data on the Internet, but there is more to the story.  This whole process was in danger of imploding recently Read more

Barry Cunningham is Full of Crap

I mean that in a really nice way. I am just trying to help. Just like Barry is just trying to help Realtors by pointing out various things that are wrong with Realtors,Barry Cunningham-Turd I am trying to help Barry. I mean no insult.  None. And should Barry get even a little bit defensive that would be wrong. He shouldn’t get defensive, I am just talking about Barry MOST of the time since he arrived on BloodhoundBlog. Naturally, I think Barry is wrong about everything he believes and that he charges people way too much money for the mindless, stupid and completely unnecessary things he does for them. He isn’t really a professional, the way he acts. All of his customers could all do a much better job than he does and don’t need him at all and they most certainly don’t need to pay him the outrageous fees he charges. No insult intended. Barry’s business won’t even exist in a few short years, he will fail and go broke. I say this to help Barry. We should be able to discuss this idea like adults. Openly looking at and discussing the idea: is Barry Cunningham completely passive-aggressive towards real estate agents or does Barry Cunningham sincerely believe the half-baked gibberish he writes. Again, no insult intended. None, really. I just feel it is vital to bring this up so we can all join in the discussion.

“Our role will remain strong, firm, indispensable. All we must do is adapt.” Wanna bet? The dinosaurs of the pre-web world of business will be supplanted, not disintermediated

Richard Riccelli fingered this article on intimations of irrelevance in the advertising industry. Richard and I lived through the demise of professional typography, so I have a different take than some others here about the dreaded word “disintermediation.”

If the triumphant yelp is that some travel agents and some stockbrokers still have jobs, I will point out that some blacksmiths still have jobs, too. Attention must be paid and horses must be shod. That much is utterly beside the point.

Here’s my take on the matter: Don’t think in terms of disintermediation. Use the word “supplantation” instead. The dilbert in the advertising article is insisting that he is not a dinosaur — because he knows he is. He is being supplanted by much smarter ways of doing his job, and he will never, ever catch up — first because he doesn’t want to change, and second because the first-mover advantage is too great.

In the same way, there is no need to start a revolution to get rid of the pestilential NAR. They have no intention of changing, nor any ability to change — but it doesn’t matter. We don’t need to storm the Bastille, we just need to get on with what we’re doing. The NAR will persist in a state of increasing irrelevance, a rotting husk like the neglected Sunday newspaper out on the front porch, but it won’t matter at all in due course.

The same goes for everything. If we are not all the way onboard with the way business will be done, we will be left behind at the station. The work we do will be superficially similar to the work others have done in the past — but those others won’t be doing it any longer.

Will they have been disintermediated? Not if you insist that they haven’t. But they will have been well and truly supplanted.

When will that happen? Ask a blacksmith — if you can find one.

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NAR News From the Legal Front

Over the years, NAR has had its fair share of legal battles.  Currently, there are a few big and interesting cases involving NAR that could have dramatic impact on the real estate industry.  Here’s an update on three cases that are in the works. 

US vs NAR

This is the famous case brought by the Department of Justice (DOJ) against NAR’s Virtual Office Website (VOW) and Internet Data eXchange (IDX) policies.  (Note: NAR has changed the name VOW/IDX to Internet Listing Display or ILD.)  There are two main issues at the core of this suit which is likely to go to trial this summer.

  1. The IDX opt-out policy is what started the case.  The policy allows brokers a blanket opt-out option to keep their listings from being displayed any competitor’s web site.  NAR policy also allows brokers a surgical opt-out option where a broker can opt-out of a particular competitors IDX feed (e.g., I will not allow my listings to appear on Swann Realty’s site).  The DOJ thinks there should be no opt-out option and that ALL listings should be available for ALL brokers to display. 
  2. NAR policy, as proposed, only allows ILD privileges to brokers actively engaged in real estate sales and leasing.  In other words, anyone who simply gets the ILD data for the sole purpose of generating leads and is not otherwise involved in real estate would be banned from ILD.  The DOJ wants listing data to be like the water that flows from your tap – available to all.

(My prediction: split decision.  NAR wins on #1 and loses on #2)

David Berry vs the Entire REALTOR® Organization

I am NOT talking about Dave Berry the fabulous writer for the Miami Herald.  This is David Berry the lawyer who has made a career of suing NAR.  He has tried to have the term REALTOR® declared generic, attacked MLS membership rules, and numerous other wacky lawsuits.  Recently he tried to get a ballot initiative in Maine to legally require all listed properties for sale to be placed in his Open MLS system.  NAR and several state associations have fought many legal battles against Read more

Where Were You When The Real Estate Industry Morphed?

Life is good — I’ll be going to the Master’s next week. It’s been a few years since I’ve gone. A friend has some family connection with passes and if one of his business clients back out, he gets me in. Business is picking up also. I just got a contract on one of my “flips” before I even finished and put it on the market, so now I’ll change hats and be a buyer for a while looking for another one.

Leads are coming in on a regular basis, a mixture of strong leads, not so strong and weak. They are all possibilities. I’ve even had time to browse the web and see all the distinctions without much difference being made. As topics run thin we tend to make finer and finer distinctions to prove….what? Superiority? Most likely. Hell, I always think I’m superior. Well, not really, I just like to think I am a lot of the time. In my better moments I realize I’m perpetually on a learning curve. Just as soon as I’m ready to crown myself as “Expert” I hear something from left field that sends me back to the drawing board, to tweak, re-think, adjust.

Perhaps that’s the highest value of this great learning environment called the internet, we’re contantly evolving and becoming better, never crowned for long as “Expert”. However, the more we learn the closer we get to being knowledgable enough to know what we don’t know and how to find the missing pieces.

One thing that fires my imagination and pulls me into the good and the bad of the internet is the growing “conversation”. From Maine to Florida and from Georgia to Oregon, to Canada and overseas, people typing away, posting and responding, creating conversations that for certain specific interests like real estate become Great Conversations with various ideas and concepts being woven throughout. There’s no central authority managing the conversation, there’s no hierarchy of experts, only diverse voices growing, hopefully, not into a Tower of Babel but in different directions of movement and progress until the best ideas and concepts begin forming a great change for the better.

It’s a such a Read more

Practical dual agency in real life: It is possible to have a fiduciary duty to your sellers — that you cannot get away from — that feels like a complete betrayal of your buyers. What then?

There is a debate on dual agency going on at VARbuzz. This is my contribution to the conversation.

I abhor dual agency — notoriously so. I make no distinction between one licensee or two in the same brokerage, and I am more than prepared to be suspicious if there is any relationship that might seem more important to the practitioners than the fiduciary relationship to the client.

Even so, Russell Shaw convinced me in person that there could be circumstances in which I might have to do a dual agency, like it or not.

What circumstances?

Like this: I’m at open house at my listing, some buyers come in, fall in love with the house and insist they have to put it under contract right away. I would prefer they got their own representation, but my fiduciary duty to my sellers is clear: I owe them the best possible chance at these buyers.

The question is, what duty do I owe to the buyers? The state and federal governments have so gummed up the process of transferring real property that ordinary people cannot competently represent themselves. Moreover, the due diligence process demands expert oversight and advice.

In short, if both parties are unwilling to countenance the idea of separate representation, I’m stuck. I cannot betray the seller’s interests, and I cannot in good conscience permit the buyers to betray their own interests. (And it is plausible to me that I have created an Implied Agency with the buyers in any case.)

This has nothing to do with compensation, and, if we ever have to do this, we will probably split the buyer’s agent’s commission three ways — a point each to the buyer and the seller, in consideration for suffering with limited representation, and a point to us for the extra work. But even that would be at Close of Escrow. My Buyer-Broker Agreement would specify that the buyers could obtain separate representation at any time, even down to the last minute, and I would joyfully pay the buyer’s agent’s commission.

But wait. There’s more. We had a multi-party debate about dual agency at BloodhoundBlog, and, while I would Read more

NAR and the Use of MLS in a URL

I’ve written about this before. This is an issue that just isn’t going to go away. Like most oppressive rules and laws this bad rule (at least as it is currently interpreted and practiced) was a sincere attempt to solve a problem. Unfortunately, the current rule creates a whole new type of problem. The solution is the new problem.

Should any misleading or deceitful statement statement be permitted on a website? No and the NAR Code of Ethics already covered that. But this issue – at least as it now stands – is a good example of “an innocent dolphin caught in a tuna net”. The very idea that an NAR committee came up with a restriction for Realtors that our competitors – who are trying to put us out of business – don’t have to follow is just absurd.

NAR will have no ability whatsoever to stop, inhibit, or prevent anyone BUT Realtors from using the term “MLS” in their URL. So why would it be alright to inhibit a Realtor while other companies are using the term and will continue to use the term (both as a meta tag and as part of the URL)?

__

Here is another letter Steve Westmark passed along to me.

From: Jim Lee

To: gary@garyashton.com ; steve@stevewestmark.com

Sent: Friday, February 15, 2008 10:35 AM

Subject: Fwd: Letter to NAR VP Cliff Niersbach

Gentlemen, Another Realtor friend of mine, Bill Holt who is in the Outer Banks area of North Carolina, has a URL with those troublesome magic letters “MLS” (www.obxMLS.com) and is having the same issues we are.Fortunately Bill has a member of his board who is on the NAR Professional Standards subcommittee, Policy and Interpretation, or some such name. He has talked with her and another long time member of that subcommittee named Ted Kelly. They both seem to feel that to be in violation of the new COE’s Article 12 that a member’s intent would be very important, i.e. are you trying to pass yourself off as ‘THE’ MLS. Mr. Kelly gave Bill Cliff Niersbach’s name who is some sort of NAR VP to talk with. Bill is sending him Read more

The NAR Has Caused Hell To Freeze Over

I don’t know if Hell has actually frozen over. Even though I’ve been told to go to hell many times over the years, I’ve not actually gone there (in the literal sense). So I can’t say I’ve seen it frozen over. But if a year ago someone had told me that I would gladly and joyfully be sharing a stage with Glenn Kelman – and that I would have previously publicly stated that Glenn is not only brilliant but also a really nice guy – I would have said, “you’re nuts.” He won’t want to get on the same stage with me and neither do I. I would have been wrong. Glenn and I will be sharing the stage for our debate at BHB Unchained on May 20th. (None of this it to even imply that I won’t point out why Redfin, the company, is doomed to failure – but Glenn, himself, is destined for greatness.)

A year and a half ago, BHB was famous for bashing Zillow. Pointing out what was wrong with Zillow (and getting huge traffic, as a result). Zillow is now the main sponsor of BHBU. And David Gibbons, from Zillow, has practically become an icon in the area of how to win people over and get them to like you and your company.

But those two items above are just the introduction to what prompted this post. Jay Thompson has a blog called NAR Wisdom. When it was first started it didn’t seem Jay even wanted his name on it. But before long his name was on it and the blog consisted primarily of posts critical of and (rightfully so) mocking NAR. But check this out. I wrote there that I am impressed. I am impressed. And delighted.

East meets West.

Some things may take time but as far as I’m concerned this is the best news about the future of our industry I’ve ever seen. Now if we can emulate David Gibbons’ style (WWDGD?) we can get David Gibbons’ results too.

Hell Freezes Over

I’m all in.

Do you want some earth-shaking news? In showing us a first tentative glimpse of its new mortgage lending product, Zillow.com may in fact be reinventing — and perfecting — Capitalism

I’m going to get the newspaper news out of the way first:

Starting now, if you are a loan originator, you can register with Zillow.com to receive mortgage and refinancing referrals from that Seattle-based internet start-up, once it ramps up its full — but still Top Secret — mortgage lending product. From Zillow’s PR team, presumably in the form of a Zillow Blog post:

To participate in this new product offering, lenders must have their professional status confirmed prior to connecting with borrowers, so we want to give lenders a head start on the process:

  1. Register with Zillow, if you haven’t already.
  2. Then apply as a lender, and answer a few questions about yourself.
  3. While access to borrowers is free, a one-time application fee of $25 is necessary to cover the costs of having an independent third party confirm your professional and employment status to Zillow. This is the only charge to participate; there are no other fees.

Why register early? The confirmation process can take up to several days. By registering early, lenders ensure they will be among the first to be notified when the product launches and ready to service borrowers on Day 1. We’ll also send out an e-mail to all pre-confirmed lenders giving them notice immediately after launch.

I don’t know what form Zillow’s lender referrals will take, but the important point — to which we will return — is that only duly-registered loan originators will be receiving them.

Zillow takes some pains to take away your fear of future pain:

While we’re not sharing more details right now, we can say that we’ve built our product around Zillow’s model of openness and transparency that is increasingly important in today’s home lending environment. And, consistent with our information-based model, we have no intention of being part of the transaction.

There’s a sweet little teaser at the end:

And if you happen to be in the market for a home loan, stayed tuned to this space as we announce an entirely new kind of mortgage offering built just for you.

Brian Brady believes that what Zillow will offer as its sticky mortgage product is a sort of interest-rates Zestimator. In Read more

The Great Debates – Monday, Feb 11

Dustin asks if Brian Wilson is really going to argue .. .. that Realtor.com is an agent’s friend with me taking the other side? Yes, is the answer. I met Brian in wilsonshawHawaii just a little over a week ago. We were both there for CRS Sell-a-bration.
I was a speaker (on how to correctly price listings in this market) and when I wasn’t actually teaching made it a point to either be out at the beach or doing something very non-productive. This time it was sitting in a hot tub. Brian greeted me by saying something about my posts on BloodhoundBlog. No one else in the tub knew what BHB was, but I wasn’t surprised, three of the other people were either fron Ireland or England and weren’t Realtors. Chatting briefly with Brian was all it took for me to instantly like him.

When he first sent me a list of ten different topics to debate I had to reject a couple of them just because I don’t know a damn thing about them. I don’t feel that way about Realtor.com. I do know about them and there are several things I really wish were different. Having seen Brian’s response to my first writing on the subject I have to say that I doubt anyone from Realtor.com could have done any better job defending them.

This isn’t to say that I won’t ultimately win the “debate” – as the “pro” position isn’t very defensible. You can see for yourself here.

Tear down those prayer tents, y’all — the world has been saved

The National Association of Realtors brings forth — I kid you not — the Voices of Real Estate Blog. Surely you will not be surprised to discover which voices are and are not “of” Real Estate. But don’t get the idea that this is just your garden variety NAR happy-babble. Consider this:

NAR disclaims responsibility for any of the content or opinions expressed in the President’s Report, including, but not limited to content or opinions regarding any products or service mentioned on the President’s Report.

NAR disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained in the President’s Report.

The President’s Report contains links to other Web sites operated by third parties. These links are provided as a convenience to access the information contained therein. NAR has not reviewed all of the information on other sites and disclaims any responsibility for the content of any other sites or the products or services that may be offered on or through those sites. Inclusion of a link to another site does not indicated any endorsement or approval of the site or its content.

They were aiming for gutlessness, but the commitment was just too onerous…

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The Future of the Fishwrap Classifieds

Fishwrap: Thank you for calling the classified sales department of the Middletown Journal, Southern Middle County’s premier newspaper. How may I help you today?

REALTOR: Good morning, this is Bill Smith from Middletown Fine Properties, over on Pennsylvania Avenue. I just took a new listing and am holding an open house this Saturday.

Fishwrap: Congratulations, Bill! I’m sure you’ll sell that home in no time with our new Strategic Selling Program, here at the Journal.

REALTOR: Hmmmm…what’s up with that? Did you drop your classified advertising rates now that more people are going online to start their home search?

Fishwrap: Well, Bill, we actually raised our rates because of the added value we’re bringing you.

REALTOR: Added value? Uh, oh. Can’t I just advertise my open house?

Fishwrap: Bill, you know that 83% of the public is now going online to start their home search, right?

REALTOR: Uh, yeah. That’s why I subscribe to Realtor.com

Fishwrap: We go even better than that. Bill. What used to cost $85 for a classified ad in the Journal, now costs $125…BUT, we distribute your advertisement and listing information to Zillow.com and Trulia.com. We’ll also write a blog post for you on Activerain.com, Realtown.com, AND place your listing on Craigslist.org for you. We’re a one-stop advertsiing shop for Realtors now! Think of us as your local advertising agency to assist you with online media buys. If you allow us to throw in financing information, from Bank of America, and have them feature it on their real estate center website, the cost drops to the original $85!

REALTOR: …but…but…I use Brian Brady for all my client financing.

Fishwrap: Hold on, Bill. If First American Title places a banner across on your online ads, the cost drops to $55 for what used to cost you $85 ! How’s that sound?

REALTOR: Well, what has Brian really done for me lately? Furthermore, First American is a great brand name, what have I got to lose? Let’s go for it!

Fishwrap: Read more

Excellence Unchained

I joined the Lake Grove Presbyterian Church choir about nine years ago.  (Geno, chill.  This is a story about excellence, not Bible Boy!)  There was an interim director who led about twenty singers. The assumption of the director, and most of the elder hierarchy in a still dying denomination, was (is) that choirs and classical music are essentially passé, that contemporary music, a rock and roll praise band and ‘Jesus is my girlfriend’ anthems are necessary to put people in the pews. Armed with that assumption, the director aspired to mediocrity and almost succeeded; why put effort into something that’s dying?

I was on the search committee to find a permanent director.  I had concerns about the person we picked – Wendy Bamonte, a wisp of a thirty-something with a terrific cv in instrumental music, but less so in choral.  She was hired, but I took my concerns to the pastor anyway, who took them to Wendy, who called me and said: ‘Let’s talk.’  We did.  It turned out she’s every bit as direct as I am, and out of that, um, lively discussion, developed a friendship that I’ve had with her and her husband since.

Wendy isn’t one who accepts conventional wisdom simply because it’s conventional.  She had (has) a vision:  provided excellence both in the choice of music and its preparation, choirs and classical music aren’t only not dead, but on the cutting edge of the future. No one believed it, of course, but it was nice to have someone passionate about something, as quaint as it seemed.

But she’s been driven from the first year eight years ago.  Interested less in genre than in the excellence of the music, we’ve done everything from baroque to gospel.  She’ll spend two weeks picking exactly the right music for a twelve week sermon series. She has the personality, drive and tact to get the most in the least amount of time out of unauditioned amateurs.  Unlike those who protect themselves from anyone better, she brings in world-class directors for choral workshops.  She’s very, very good at what she does, but still takes the time Read more

Redfin.com: Bodett-ing Real Estate Brokerage

Glenn Kelman appeared on NBC. This time, he wasn’t the smartest kid in the class; he imitated Tom Bodett. Greg points out the “Duh” factor in the most recent Redfin Revelation:

Here’s real justice: Someday, an actual reporter is going turn to Kelman and say, “Glenn, you’re the expert. How do you set up a lease-purchase so the buyer doesn’t get screwed? What’s the best way to do seller financing — a contract-for-deed or a carryback? Under what circumstances should a buyer consider waiving inspections?” Just keep on smiling, Glenn. You’re asking for it, and you’re going to get it.

Here’s the problem (to quote Jeff Brown):

They don’t know what they don’t know (the public).

Kelmann is taking the Bodett approach to selling the Redfin USP. Instead of appearing as the bright boy with a rebel streak, he’s approaching this with a folksy twist. The message he’s sending the consumer is compelling:

“Aw Shucks! You don’t need no high fallutin’ REALTOR to sell your house. Just list it on craigslist.org…and leave the light on fer me. A professional REALTOR is a luxury; who can afford that?”

Right or wrong, dangerous advice or not, that message resonates with folks, who are facing the wrath of Countrywide, when they short sell their home. Why pay for sumthin’ that you don’t really need?

Even more astonishing is the trade union’s endorsement of his message. It’s like the Ritz Carlton endorsing Motel 6. (Hat tip to Jeff Kempe)

Redfin will fail. We all know that you can’t exist by selling widgets below the manufacturing cost of a widget. There are only so many investors who will fall for the internet start-up math before A Wall Street analyst cries foul. Their demise, however, should serve as a case study for how NOT to respond to the Trojan Horse.