I love real estate!
Been in this profession for over 26 years now... Some things NEVER change!
One of the things I LOVE about the most in this profession is the way some of the less informed agents seem to have a knack for "knowing" how to be a real estate agent, ofterntimes not even being in a position to know, without VERIFYING what they are "hollering" about...
Here are a couple of the latest "complaints" I've heard from agents in the past year.. Some are REALLY REALLY Funny!
1. "You can't say what you do and your commission program online!" I actually had a very upset agent call me a couple of months ago yelling at me like I was her ex-husband LOL!
YES I CAN! I can talk about how much I charge all day long! UNTIL I TURN BLUE in my face! I can print flyers, send them out, publish them on my website, (Click here TO VIEW)... make paper darts and shoot them all over Massachusetts, yell them through a bull horn, anything!....
As long as I don't discuss what specifically my competition charges I can say ANYTHING about ONLY what I charge and what I do to anyone who's willing to listen, period!
When I explained all this, I heard a little frsutrated muttering, and she babbled a bit about how she didn't like my doings, and SLAM! She hung up...
By the way, I NEVER asked her what she does...
LOL...
2. Here's another I love.. "You can't offer a rebate or incentive to a seller to also buy a house from you.... "
Well, I had this checked by multiple attorneys and an MAR (Massachusetts Association of Realtors) attorney and they reviewed my program.
YES I CAN!
In some states, that may be seen as giving an "unfair" incentive to a seller... It may even be illegal.
I don't know and I don't care.. In your state, YOU should check...
BUT it's fine in Massachusetts!
As Massachusetts Realtors, we have a WONDERFUL Resource. The Legal Hotline. When in doubt, DON'T ASSUME! Go through your broker.
But of course, you have to follow the letter of the law... and it may depend how it may be handled due to the type of financing the buyer gets.,..., but if done correctly, it's possible...
Don't let anyone tell you, "You can't do that!"....
I consider this issue terribly "anti consumer" and certainly ridiculous! If I buy a printer at OfficeMax because they are giving a FREE Case of Paper along with every purchase and Staples isn't, should I tell Staples to tell OfficeMax they are NOT being fair?
Isn't THAT "Anti-consumer"..?
My Advice? Check! Call Knowledgable attorneys. Call your State Realtor Board's Legal Hotline! Ask! Don't take your competitor's word for it! Chances are they're blowing smoke and they really don't know!. Don't do anything before you know either way..Verify first!
The above are just TWO small examples of ridiculous conversations I've had with agents from all over. One other agent recently accused me of NOT having a contract with the seller because I give the seller (with conditions) the right to sell their property on their own and option to NOT pay a commision if they want to. It's called "Exclusive Agency" Aside from the philosophical view, their "accusation" was totally off the wall and rather insulting. Another example of "accusation without research"... In my MLSPIN area, you cannot even place a listing in MLSPin without a listing agreement.
I've even been told by another agent I couldn't legally allow a seller the right to sell their own property (with conditions)..
That WAS funny..
Note: I am NOT discussing company policies here. What you or your broker decide, as a matter of policy, is at YOUR discretion. That is NOT what this post is about. I am ONLY discussing legalities and of course I am discussing Massachusetts..
I'm not taking sides... My point on THIS post is to tell you, the next time someone screams at you; "You can't do that!", you need to be calm, grab the latest Copy of the Realtor Code of Ethics or other proof, and then prove what you already know...
That's is how you raise the bar. That's how you put the "professionalism" in being a Real Estate Agent, or Realtor, if you are one....
Sell your property yourself, while it is listed, and pay no commission! If you're not happy, fire me! You're in control!
Check out our website: YourHasslefreelisting.com
Search for 1000's of properties throughout Massachusetts! Click here!
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Good for you to promote professionalism! Luckily, I believe the one's "out of the know without a clue" are few and far between.
I sincerely would appreciate ANYONE who would ever call me, no matter who's right or wrong, to tell me something they thought was not right. What turns me off is the ones who try to quickly condemn without verification.
You can't be writing these types of posts annoying Realtors. . .. .maybe in Massachusetts. . .
I love it!
I wish I could hang out with you.. too much fun!
Jim, it sounds like some of the agents in your area need to drink less caffeine! They might spend less time in other agents' business and more on their own... I'm glad that in my Lancaster County PA sales area, the Realtors seem to get along with (usually) less friction!
The word "can't" rarely comes out of my mouth. When it comes out of others, it becomes a real motivator for me. I don't take well with others telling me what I "can't" do.
Sounds like some folks in your area like putting everyone in a small confined box !!!
Brian, I'd say in my area you have some of the nicest agents you'll ever find. Really nice and professional. Every so often I get a Wisecracker, that's all..
Rob D, I agree!
Jim - Your post is music to my ears. We sometimes encounter agents who claim with certainty that their way is the only correct way - and find that they are the same agents who can't even fill in the blanks in a boilerplate contract!
Jim,
As you pointed out at the end, laws and company/brokerage policies are different things. Some agents don't know the difference.
BTW,
RE/MAX does not allow associates to advertise commissions or fees charged. It's not a violation of anti-trust or licensing rules, it would be a violation of a contract with the franchise owner.
Rebates are legal in 49 states (Oregon is the exception). Again, certain brokerages may have policies against the practice.
When in doubt the first place to ask is your broker or office manager.
Tom
It sound like agents in your area need a real estate refresher course.
I love the saying I have in my workout room that applies here too...those who say it can't be done are usually passed up by those doing it or something like that!
I guess that I agree with #2. No problem with disagreement, but the method of disagreement (which, I suppose, is the point of your post anyway).
I have a running battle with my broker, She says that when I recommend a service provider, lender, appraiser etc, or even even lawn mowing service I must give three names, or better yet, give her, company provided, list to my customer, because it's RESPA required. I do what she wants because its the smart thing to do and because its Company Policy...But RESPA required? I dont think so.
Some agents have been doing things their way for so ling they believe its the only way...
The Canadian Real Estate Association just ratified an amendment to our code of ethics opening the MLS to owner/sellers, as long as they have an Agent to do the actual posting on Realtor.ca. Your blog, and sites are of interest to me as Canadian Realtors begin to open our offerings into this 'grey' area of opportunity. With your permission, I shall bookmark and study your site, and methodology. thank you.
Jim - its good to understand what you can and cannot do rather than to "know". But it is also good to keep up with the state real estate law
I've always said that one of the biggest things that gets in the way of a Realtor being successful is their EGO! Just put your ego aside and let the damn deal happen!
It seems like it's always the uninformed who complain the loudest. Why is that? I thought ignorance was bliss?
Hi Jim: Great blog. Gay
Sharon,
I don't mind but just to let you know I asked for permission myself from the Realtor whom I believe originated the basics of the system I now use. His name is Russell Shaw, a Phoenix agent, and his website is NOHASSLELISTING.COM
FYI...
Jim
Jim,
Good points! It is amazing how people complain about something they know nothing about. You should have referred the person where to look to get their education.
Great post! One of my favorite quotes: "Success doesn't come from fitting in, it comes from standing out." Competitors who have a weak game will always try to bluff you into being as mediocre as they are. Go get 'em!!!
Hi Jim, Great post for a Saturday ! Amazing how many folks want to tell us how we can conduct our business. Have a great weekend !
Jim unfortunately we are in a business that takes very little education to get a license. The amount of psycho babel I hear on a daily basis is amazing. It makes it easy for me to thrive in this industry:)
John: I LOVE THAT! "Competitors who have a weak game will always try to bluff you into being as mediocre as they are. " I'm going to post that on my wall and on Facebook!
Bill: I agree! Get the facts first, then make a statement. I actually know of an agent who got all "flustered" (according to the seller)and pretty much spent her time on her listing appointment just trying to discredit me.... Although I'm glad I listed the property (and put it on deposit), it was sorta sad to actually see someone lose a listing due to a "negative" presentation... The same thing politicians commonly do....
The agents who complain about such statements and programs are often frustrated because they have no argument to counter similar services offered at a lower price. Competition is healthy so if they can't compete on price, compete on services or something else.
Sad to say you cannot even go by what agents in your own office say. It is amazing (yes, even here on AR) the amount of information that is given out as if it were proclaimed from Olympus. We have many that like to pontificate, to say the least.
Another issue that one has to be a bit careful concerning is that even the legal hotlines many of us have access to. I had one of their attorneys tell me that "familial status" was not a protected class. As my broker said, "Keep in mind that these attorneys are working for much less than they probably could make on the open market". I am sure that most know a lot about real estate law, but no one is perfect. A second opinion cannot hurt.
When it comes to MY behavior I check all I can to make sure I am following the law. When the question is what a customer should or should not do, I then refer them to attorneys, tax experts, professional contractors, surveyors, title companies, loan officers, etc. Even if I am nearly 100% sure of the answer, it is not my place to give out expert advice when I am not an expert in that field.
But you are quite right, there are plenty out there who will tell you what YOU have to do. Know-it-alls exist in all fields, ours is no exception. Usually they are the ones that, in reality, know the least.
It all depends on local laws and broker policies. Those who know and understand them the best can do a lot of things.
:) I like this very much
Yes I do!
Please keep it up
Quite a few issues in your topic: the "bully",the way you offer incentives, conduct your practice, etc. The know-it-alls are here! They plauge us. And rather than mind their own business -- which is probably rift with legal, personal, business woes -- they've got to "call out" the other. And no one likes them, and everybody knows who they are. When they interfer with your business, and actually know nothing, it's good you've got your game face on, and got the ace up your sleeve.
Offering choices to the consumer - not sure why more don't do the same.
Mel
Jim - Great blog and congratulations on the feature. Its amazing how many people like to tell others what they can and cannot do!
Hi Jim -- I applaud your transparency. My brokerage model is built on 100% transparency and professionalism and it too has served me well. It's mind boggling to see how little some agents know about how things actually work, state-specific in some cases.
As they say, there are bad apples in every bunch!
Patricia/Seacoast NH & ME
Jim,
Knowing what is legal is very important before one goes popping off. I commend you for doing your research and being able to back up your position.
-Brent
When I was at a large broker, their company policy was that agents couldn't advertise listing fees online.
Your hassle free listing looks great.
Jim,
I always clearly, calmly and gladly discuss commission. Yet I know many agents who freeze with this topic. Being comfortable and confident - as you are with your points - is essential in this business. Hats off to you.
I like your program. Something to think about! Would you mind sharing the info on your Client Reward Bonus and how that works?
Hi Jim~ That bullying is for the birds! If someone raises their voice at me, I hear nothing they say! As long as I am following the rules, they have no say in how I run my business and I am not afraid to tell them so.
Thanks for the reassurance! The important points you made were to be knowledgeable about the laws of one's own state and to do so by consulting a knowledgeable attorney. Great advice!
I like the verify first, then make a decision to stand up for your real estate practice.
It's important to check facts and not just accept what someone not known to you declares.
It's always good to learn new things even for experienced agents.
The first clue that an agent knows little of what they are speaking is their claims about how much they know.
Remember the words in that old song... "Why doncha mind your own business then you won't have time for mine..."
As for discussing commission - it's my understanding in Idaho that you cannot discuss commission with another agent. I don't know if posting it on line would constitute "discussing it" or not, since other agents have access to your website. I would definitely check with the real estate commission before doing it.
My opinion doesn't matter a bit to the powers that be, but I think the whole thing about not discussing commissions is just silly. Just another rule that doesn't benefit anyone.
It's always best to verify and confirm the facts or details from sources that are questionable. I agree with John, #28 and his opinion regarding this issue.
The wisdom of determining the facts is a learning process acquired by knowledge and experience. Furthermore, operating your business shouldn't be a concern for competitors regardless of your benefits unless you take away their market share, so when that occurs, you know you are winning, don't you? And, aren't we in the business of winning?
Jim, way to go and by the way, I looked at your 20 page listing presentation, I liked it!
Ty
Why is it the ill informed dopes are the first on the phone?
Jim, I see that on these post all the time. Post that say - that is "illegal" or "unethical". Whenever I question "why" it's illegal or unethical, I usually never get a reply. Just because someone says that something is illegal or unethical doesn't make it so.
Something that may be illegal is one state may be legal in another. I'd rather someone say "In my state that is illegal because ........ The real estate laws in that state may make it illegal but those laws don't apply to every state. Same with certain contracts - they MAY be legal in some states but not in others.
Then there is the "unethical" comments. That also seems to be different for many Realtors. People have different ethics. It may be correct to say "that is unethical in my opinion", but again, that doesn't make it unethical for everyone. If someone thinks something is unethical, tell me why you think it's unethical. I may agree or disagree with you. I will however, respect your opinion, if I understand why you think something may be unethical.
Great post.
Anyone that says you can not do something...is really saying they can not do it.
You can or may or can't or won't, but in your blog, it seems to me that the caller is accusing you of doing what they can not do.
They really should have called and said. "I can't do this, how is it that you can?"
Randy
Jim - I loved your post. When I have agents tell me "you can't do that" I think to myself "well no, apparently YOU can't do that". I became my own boss when I earned my broker's license and as long as it is legal, YES, I CAN DO THAT.
Frequently brokers and big companies put limits on agents that are more restrictive than the actual law. This may be to keep them legal, but it is not law.
Dear Jim,
Some people just need to lash out for no good reason.
Jim,
One of my favorite movie quotes: "What one man can do, another can do", from The Edge. I guess that since you can, then so can I! Thanks for the encouragement and backbone!
Sometimes we are surrounded by people telling us where the boundaries are and sometimes those boundaries are just an illusion.
Just be ethical and do the right thing. If those are your guides you are off to a great start.
Instead of saying "You can't do that!" I find it much better to say "Can I do that?!" Especially as a relatively new agent. Margaret C.
I figured out years ago, since I first began rebates to new home buyers that the folks who say "You cannot REBATE money to a home buyer or seller" say so either because:
1. They are ignorant of the law.
or
2. They don't want to and don't want other agents to either.
You are right on target with this post Jim. Only with experience can you sometimes learn what is allowed.
Jim, I love putting obnoxious, know-it-all realtors in their place...probably a little too much. My favorite is when the agent throws down the, "I've been a Realtor for 30 years" line, before telling me what I can't do. After I explain why I can do it, I like to remind them that I have sold twice as much real estate as they have in less than a third of the time in the business...so they need to get off their high horse. Oh no...I'm ranting again.