In all my spare time, I’ve been working over the past few days on a real estate porn movie. The film features pictures from hundreds of homes, with loads of juicy details. We took the photos over the course of years, so it’s entirely possible that some of those homes are listed for sale right now. In making the movie available to the public, will we be “advertising” those listings without the listing broker’s permission? I don’t think we will be, but I also don’t give a damn. We have a right to our work product, and we have a right to do as we choose with our work product, and I will joyfully fight for my rights down to my last dime.
Let’s be obvious, at least for a moment. An appraisal is something you contract to have done and pay a substantial fee to obtain. Any state attorney general, even Arizona State Attorney General Terry Goddard, should be able to comprehend such a simple fact. In the same way, advertising is something you pay for. Quibblers will insist that paying web site hosting fees is alike unto paying publication line rates or broadcast fees. To this “argument,” the only reasonable retort is a Bronx cheer. When a word means almost anything, it means almost nothing.
The obvious fact is that MLS rules against advertising other broker’s listings without permission are devised to prevent Broker Paul from placing paid ads representing Broker Peter’s listings as his own. In fact, the motivating premise behind the rule is that Broker Paul, even while giving a false impression about his prowess as a lister, would nevertheless be promoting the homes in a positive light.
So why would Broker Peter object to free advertising of his listings? In other words, why does this MLS rule exist in the first place?
Too obvious, isn’t it? It’s because of the double dip. If Broker Paul advertises Broker Peter’s listings as his own, then Broker Peter might lose out on some opportunities to collect commissions from both sides of his transactions.
Real estate brokers implemented Buyer Agency not because they wanted to Read more


