I was in an historic home on Monday that made me think it had been built by an important home-builder in the very early days of the suburbanization of Phoenix. With the permission of the lister, I went back yesterday and took dozens of photos of the property.
I built an engenu web site for 718 West Moreland Street, then I wrote a weblog post summarizing the web site.
My primary interest, to be honest, was simply to document the home in its current pre-furbed condition. But, if by telling a plausible back-story about the home I can bring it a buyer who will give it the love it needs and deserves, either through me or directly through the listing agent, so much the better.
We’re interested in real estate. We’re interested in engaging people who are interested in real estate. Not to beat a dead horse to a bloody pulp, but it seems reasonable to me that blogging about real estate is a laudable way to achieve our weblogging objectives.
Technorati Tags: arizona, arizona real estate, blogging, phoenix, phoenix real estate, real estate, real estate marketing, real estate photography
Barry Cunningham says:
Hello Greg..I have a question.
What’s your opinion about bloging other’s listings? I mean if it’s been approved for Internet advertising on the MLs do you think it is implied that a blogger could pick a home off the MLs and blog about it. What’s your take?
April 2, 2008 — 10:19 am
Greg Swann says:
The rules on advertising other broker’s listings are as stupid as all other MLS rules, but my belief is that, for now, discretion is the better part of valor. I would not weblog about another agent’s listing without that agent’s approval. If the home were occupied, I would also get the seller’s approval.
April 2, 2008 — 10:26 am
John Lauber says:
As long as you make reference to the other broker like the IDX feeds do, wouldn’t it be OK? Something like “Listing Courtesy of Blah Broker”. I had started and have been thinking of restarting this idea again with a URL I purchased. You would need to be careful with what you wrote, but as long as you gave the highlights, what would be the harm?
April 2, 2008 — 11:17 am
Todd says:
“I would not weblog about another agent’s listing without that agent’s approval. If the home were occupied, I would also get the seller’s approval.”
That a nice professional courtesy you are voluntarily extending but it shocking to read that an agent, even with a signed Right to Represent contract, thinks they have the ability to prevent a written blog post about the home.
I guess we have a longer road to travel than I thought before real estate as an industry arrives in the year 2008. And I request that this subject ( delusions about blogging other agent’s listings ) be at least mentioned at the upcoming Unchained conference.
April 2, 2008 — 11:26 am
Gary Frimann says:
Gregg,
How can you possibly defend another agent advertising your listing. I say, Keep your hands off of my listings… Too many things can go wrong, and I’ll name a few-
1) They “inadvertantly put in the wrong asking price.
This could result in THEIR OWN listing looking good in comparison. Offending agent’s response? “My Bad, I’ll correct it soon. Then 2 weeks later it is not corrected…
2) Square footage “inadvertantly” listed as 1041 square feet instead of 2041 square feet. You’ll get another “My bad, I’ll correct it SOON.”
3) Agent sends out postcards with all your listings in your a certain neighborhood, under “false light” that they are the ones who listed those houses.
4) Listings are the personal property of the broker, shouldn’t they control how the advertising works, and be responsible for their “inadvertant” mistakes? Mistakes which could be a violation of some statute regarding false advertising?
5) The rules are that we can advertise another Broker’s listing with permission. At least that way we have some control over the listing, perhaps with certain facts such as tenant’s rights, day sleepers, pets, etc.
5) What if the original listing has wrong information and is copied onto someone’s blog? If that is where the buyer sees a 4 bd./3ba home, and it is really a 3bd./3ba. home, and wastes my time and my client’s time (and my client had to get special permission from his boss to leave work early, costing my client money) how can I enforce any type of sanction against who listed the property (assuming my client saw it on the blog, versus an MLS feed).
These are just a very, very few reasons why I find it absolutely abhorrent to let others advertise my listings. The rules are there for a good reason… I’d rather have everybody singing on the same page of the same hymnal than have chaos.
To no way, shape or form is the MLS an advertising medium. It is an offer of compensation to other brokers for a commission coop. One does not need a written agreement for brokers to cooperate on commissions, which is great for interstate referrals, etc. and not get bogged down with extra paperwork.
So, as time goes on, and I have had pretty much all of these things happen to me, as well as clients stealing my listings and putting them on Craigslist and other places (one guy in our area posted 1,000 of other’s listings onto Trulia.com). I recently went to a free yellow pages type business listing portal only to find out that another agent working for the largest National franchise had already listed MY business name on there with contact information being directed to her. It took me a week to re-enter earth’s orbit.
If you want ot advertise a listing, go out and get your own, but leave mine alone, and leave my clients alone…
Thanks but no thanks, I’ll advertise it on my own, and I’m glad NAR backs me on my personal property. I’m sure any judge in any jurisdiction will as well. It really does fall under truth in advertising.
After all these years, I have come to the belief that NAR is doing something good for us agents and I have come to believe that organized real estate is a good thing. Who would you rather have diagnose you and give you a prescription? A street drug dealer or a doctor.
Gary Frimann
April 2, 2008 — 11:48 am
Greg Swann says:
> That a nice professional courtesy you are voluntarily extending but it shocking to read that an agent, even with a signed Right to Represent contract, thinks they have the ability to prevent a written blog post about the home.
It’s not a professional courtesy, it’s an MLS rule. I don’t agree with those rules, but I have sworn to abide by them. Seeking the approval of the seller is also more than just a courtesy: If I lead a burglar to that home, I have potentially incurred a liability.
In fact, anyone other than an MLS member could blog about the home, but they would not have access to it except from public property. I enter by permission even though I am entering with a lock box key.
April 2, 2008 — 12:03 pm
Greg Swann says:
Gary: Relax. I am not advertising anyone’s listings but my own, nor am I inviting other agents to advertise my listings. I am talking about writing weblog posts about homes listed with other agents.
I’m interested in the house, and I have interesting things to say about it. I sought permission not just because I am required to but because I am imposing on the listing agent’s and the seller’s hospitality. I told the truth about what is in some respects a troubled home, but I told it in a way that I would expect to enhance its marketability.
I forwarded all of my URLs to the lister so that he can see that I am not sabotaging his listing. This again seems to me to be more a matter of decency than compliance with the rules.
All of this, done right, is good for everyone involved: Seller, lister, me, my weblog readers and any potential buyers.
> Who would you rather have diagnose you and give you a prescription? A street drug dealer or a doctor.
Fallacy of the False Dichotomy. There are many graduations of illness, most of which anyone can diagnose. Don’t get yourself sidetracked, though: Virtually everything you wrote has nothing to do with this actual topic of the post at the top of this thread.
April 2, 2008 — 12:13 pm
Sue says:
I have to agree with Greg. It seems reasonable that you could blog about an area that has beautiful historic homes and reference that there are some homes for sale in this neighborhood. If one of those homes happens to have an interesting story, why not tell it. You could reference the listing agency as a courtesy and omit the address just to be safe, although alot of IDXs do provide the address as well. Just my opinion, but this seems beneficial and fair to all. You are actually driving interest and potential buyers to the listing. I bet the seller wouldn’t mind.
April 2, 2008 — 12:48 pm
Greg Swann says:
> I bet the seller wouldn’t mind.
Just to be clear, an MLS member making specific reference to an MLS-listed home should seek the explicit permission from the listing agent before blogging about that home. If you were doing only things that an ordinary citizen could lawfully do — reporting on or photographing facts plainly visible from public property, you might have a colorable legal case — but you would have to test that with a judge. If you are prevailing upon the hospitality of the lister and the seller by entering the home, I think you need to ask permission as a matter of simple courtesy, MLS rules be damned.
But: Take careful note: Redfin.com is getting fined again and again in Seattle for advertising listings without the listing broker’s permission. Agree with the rules or don’t, if your MLS system says you’re in violation, the fines could be a big hurt.
April 2, 2008 — 1:08 pm
Vlad says:
I find it strange that agents are getting so defensive about their listings. You gain nothing but publicity.
I actually saw on one of the real estate blogs a widget from the following website:
http://www.realbird.com/
I think any one can embed a listing from that website on any blog or website. If it was up too me I would say go ahead, talk about my listing on your blog as much as you like… But I am no longer active in the real estate so I better shut up.. 🙂
April 2, 2008 — 1:37 pm
Thomas Johnson says:
Greg: This may have an ancillary benefit for your brokerage as a brilliant recruiting strategery. I bet that the listing agent’s stuff isn’t anything near what affiliation with the way of the Bloodhound would be.
The bigger point is the zestifarming, peeing on the trees, long tail aspect of your presence in FQ Story. You have kept yourself above the fray by not participating in the sordid business of a short sale while genuinely demonstrating a care and love for the neighborhood and its historical significance. Hopefully the next owner will be better capitalized and will be able to do what this little lost pound puppy needs. Who better to oversee the transition than the biggest Bloodhound on the block? Brilliant.
So, Redfin got fined 25 grand. By my math, that is the annual health insurance tab for 2-4 salaried agents. The cash burn continues… Thinking out loud- Realogy or another big broker like John Scott might have an interest in the technology side of the enterprise similar to Prudential’s take out of eRealty a while back.
April 2, 2008 — 1:41 pm
Sue says:
I do understand that this is clearly an area to be sure you don’t overstep and have written permission if you feel a need to get specific and mention addresses or MLS#’s. I wouldn’t want to test anything because those fines are serious..(redfin.com) wow!
April 2, 2008 — 1:48 pm
Todd says:
Wow, truly eye opening. MLS “rules” are out of sync with the realities of 2008. At the risk of a big fine here is a listing I do not “own” which I will blog about at length:
http://www.zillow.com/HomeDetails.htm?zprop=7521111
…several million more can be found at the same source.
April 2, 2008 — 3:01 pm
Greg Swann says:
Here is what 1329 West Lynwood Street looks like from the street.
Zillow.com is not in violation of the rules because it is not a member of ARMLS. We are not in violation of ARMLS rules, even though we are members, because the home was not listed by an ARMLS member when we built our catalog.
I expect someday to have to defend our legacy web sites against charges of advertising other brokers’ listings.
My take: Bring it on. I believe these rules are ripe for a judicial smack down.
April 2, 2008 — 3:31 pm
Eric Blackwell says:
@Gary;
Just a thought. If a newspaper wanted to do a feature article about a listing you had that had a unique back story, would you let them?
If they (happened)to have a typo, would it be the end of the world?
What if their home (that was for sale) was featured on HGTV or other such media?
Why is a blog (especially one with LOTS of eyeballs-which is how I’d determine whether I’d recommend it or not to my sellers) any different?
Not trying to be contentious, but I am not understanding how you would turn your sellers away from the exposure?
And before anyone from Trulia, Zillow, or others fires the first shot at me grin, have you PROVEN to me that you attract enough local eyeballs to make it worthwhile?
I would want relevant exposure to home searchers looking for homes in MY area. That would be the deciding factor IMO.
Why couldn’t a valid selling point be..” I know several bloggers / sites that can get exposure for you and your home is UNIQUE. I can get an article posted on your home because I know the guy who runs it. He’s a friend of mine.
Thoughts?
Eric
April 2, 2008 — 4:44 pm
Marlow says:
It’s all about permission.
If both parties are members of an MLS organization that has rules about advertising other members without PERMISSION, then one needs to get permission to advertise, period.
But Redfin did more this time than just advertise other agents listings. According to the complaint, they’ve disclosed more information than allowed by the MLS and gave out confidential addresses against the wishes of a homeseller.
April 2, 2008 — 10:17 pm
Gary Frimann says:
Eric, I don’t mind if a newspaper runs a story on one of my listings or even features one of my listings–I’d welcome it. They are not in the business, nor are they in expectation of recieving a commission! They are not holding themselves out as Brokers. Zillow has a broker of record,the entries are made by the listing agent, and anything short of that would be a misrepresentation. What if an agent “stepped on your listing, and advertised it on Zillow, and you did a price drop, from the most expensive house on the street to the least expensive house being offered? Do you think the other agent would diligently change the price as you just did on the MLS?
If you had an empty flyer box, would it be OK for another agent to put some flyers in there, complete wioth a picture and description, perhaps sprinkled with some material facts regarding the house, with their contact information?
If you just took a listing, is it OK for another agent to send out 100 postcards to the nearest neighbors announcing that it was “Just Listed”? How about if they sent out a “Sold in just 10 days, and we can sell yours too!!!” and they were not part of the transaction at all.
I’m from CA, and our laws are found in the Business and Professions Code which is mirrored in the Code of Ethics. If a non-Realtor, who does not have to follow the COE does it, my only recourse is to file suit under the statute, and violation of a statute means I do not have to prove damages, just the act was committed. The
COE acts as both sword and shield. It is “False Light” advertising.
Gregg, with regards to your response, yes, I believe you can talk about a house (or building) if you are describing it in a historical light. Yes, for example, the “Wrigley Mansion” will appear then in a search result, but in no way would the blog reflect that the place is for sale, I presume. It is just giving a history of the historic house.
However, if you took over a cancelled or expired listing on 123 Easy St. that another agent had preciously had, and blogged about, and had a domain of ww.123EasyStreet.com, and that is all that showed up, and suppose they kept it on their web site, so it showed up there, without the Broker Exchange feed, would that make one happy? Shouldn’t they be required to take it off their website if they no longer have the listing. Suppose there was a misrepresentation of a material fact, and a buyer printed out the information, relied on it, and it was not even your ad…
Suppose the ad ran something illegal on it regarding fair housing or something which would be considered breaking YOUR fiduciary, such as “Seller soft on price, very willing to negotiate due to divorce” and it is not even your ad. When the ad gets printed, there are no “fingerprints” of the other agent, no mention of their website. I know I’d be pissed, and if I was sitting in a courtroom trying to explain that was not my ad, had no idea where it came from, etc. it would make for a pretty bad day.
I agree with Marlow, it has to do with either getting, or getting permission.
BTW, all the examples I’ve mentioned have happened, not necessarily to me, but to some other Broker/Friends of mine… Worse yet, all within the last 12-18 months, with the exception of the flyer box scenario, but I was using that as a hypothetical.
Where I am at, the situation is getting worse, with Open House signs leading nowhere. As agents get more desperate, more weird stuff is happening. We are entering silly season.
April 2, 2008 — 11:12 pm
Gary Frimann says:
Correction!
With regards to Marlow, it has to do with GETTING,or GIVING permission. (not “getting, or getting” as previously stated…)
April 2, 2008 — 11:19 pm
Jim Reppond says:
Greg,
I agree with you I think there is a big difference between “advertising” someone’s listing and “blogging” about some of the interesting details of a another agent’s listing that might not be readily known or published elsewhere. I mean after all, if we can’t talk about real estate on the market, what can we talk about?!
I recently blogged about another agent’s listing because I thought it would interest my readers. It was about a home for sale that Jimi Hendrix used to live at. Some people are curious about that kind of trivia.
http://tinyurl.com/2buwum
I did not try to solicit buyers to tell them to contact me regarding the property. I did mention the listing agent’s name so they could contact him directly if they were interested.
Let’s be practical here and not throw the baby out with the bathwater. If an agent or seller specifically asks me NOT to blog about their listing, of course I am going to respect that. But let’s not let the MLS regulate us out of offering our knowledge, expertise, and opinions to the public.
April 4, 2008 — 1:07 pm
Barry Cunningham says:
The NAR seems pretty clear on this…
“”advertising” another broker’s listings requires, under state laws, the consent of the listing broker. The IDX and now ILD policies create a presumption of consent;”
Bottom line if it’s ok to include a listing on an IDX, it seems clear that you can advertise or blog about it. Consent has been previously given.
Is this not sufficiently clear?
We are looking on the MLS and if it is approved for an IDX then we’re going for it on our real estate blog.
We called the NAR and the local board and were informed by their legal department that our interpretation is correct and clearly correct.
Maybe the brokers who complained above should actually read the IDX info and its ramifications.
Just my opinion.
April 5, 2008 — 7:49 pm
James Boyer says:
I would really only feel comfortable blogging about other agents from my own office, listings. The other company’s can make life miserable for you over time, since it is the company not the listing agent who owns the listing.
April 7, 2008 — 7:19 am