I know this is not a question & answer forum for technical support, but I'm at my wits end.  Has anyone in Active Rain Land that uses FNIS' Agent Office / Agent 2000 had problems opening their program after last weeks Microsoft Update? Specifically, after Microsoft installs version 7 of their Internet Explorer?  I can uninstall back to Version 6 and all works fine...

 Please Active Rain Gods.. don't bust this question out of the blogosphere! 

 Les Sulgrove

Does your local MLS have a rule regarding re-listing properties in
order to "reset" the days on market?  Our MLS committee is considering
making a rule that prohibits an agent from taking a property and
cancelling the listing, only to re-list the property immediately with
the intent of pushing that listing back to the front of the daily
hotsheet.

Almost every MLS I am aware of including our own tracks historical
Days On Market (DOM) data on a property.  In fact, our MLS even tracks
Accumulated Days On Market (ADOM) which takes into account this very
tactic.  If a property has been listed within a certain period of time
and goes off the market, whether it be expired, withdrawn, cancelled,
sale pending, and then comes back as an active listing again with a
new MLS number, the ADOM calculates this and displays the "true" Days
on Market.

Where the issue comes into play is that this "List - Cancel - List"
process skews our MLS statistics.  Let's look at this (unlikely)
scenario: An agent lists a property on a Monday.  The following Sunday
night he cancels the listing and re-lists it again Monday with a new
MLS number.  This triggers the property as a New Listing on the MLS
Hotsheet.  However, it also triggers some other "events".  1. Any auto
prospecting searches sees the listing as a new property sending it out
to buyer clients.  They would receive the same listing each time this
property was "re-listed".  2.  Any search engine submissions would be
re-submitted, depending on the method you employ, either manually or
automatically.  Either way it would result in multiple submissions to
search engines.  3. Monthly new listing statistics would show
inaccurate records as in a four week month, one new listing would show
up as four new listings statistically.  This is just a few examples,
I'm sure there are more.

While it is obvious this tactic doesn't fool many (if any) agents, it
is merely a way of attempting to appease a seller and make them think
that their agent is "going the extra mile" to get exposure to their
home when in fact, it can actually hurt their chances of finding a
buyer.

So back to the question:  Does your local MLS have a rule regarding
relisting properties in order to "reset" the days on market?  If so,
how do they enforce it?  Is there a fine for violations?

Thanks as always to everyone's advice and responses!

Les Sulgrove

Floor Duty.  Opportunity Time.  Floor.  Desk Time.  Whatever you call it, what it really means is that there is an agent sitting in the office wishing they didn't have to be there.

It's one of those necessities of the business.  If you have a store front, you have to have a sales person manning the store.  But with the increase of buyers using the Internet to search for homes, the number of calls coming to the office have decreased.... dramatically.  Many if not most agents have direct numbers on their yard signs that drives the calls directly to them instead of through the office main number.  Print advertising and Internet marketing drives the client to contact an agent via email.

So my question to all of you... Does your office still have floor duty?  Is it required by your broker?  And HOW DO YOU GET AGENTS TO VOLUNTEER to do floor duty?

Donuts anyone?

September 25 Update

I spoke with the attorney for our local association and it is his opinion that while the sign is most likely a violation of the state law, it is on the line ethics-wise.  However, What has happened in the meantime is that the State of Iowa licensing division has decided that based on the photograph itself that I sent inquiring about the legality, that they have gone ahead and opened an investigation in the matter.  Evidently a letter went out to the broker of the agent and to the agent as well and now the signs are down.  I received a letter from the state saying that the case was in progress and could take up to a year before a ruling is handed down.  Either way, the signs appear to be down for now.  Put a check mark in the Win column for the State of Iowa taking the case on and for the agent doing the right thing.  Misleading the public is in my opinion both ethically and lawfully wrong.

Bravo! 

*** UPDATE ***  *** UPDATE ***  *** UPDATE ***  *** UPDATE ***

I have been in contact with the licensing division of the State of Iowa regarding this type of advertising in our state.  This is entity in our state that has the most "teeth" when it comes to violations of real estate practices & real estate law.  I have been told that there are problems with this type of advertising and have been invited to file a formal complaint to start the investigative process.  My initial intent was and is to deal with this on a local level with my local Association of REALTORS®.  I am still awaiting an opinion from our Association Attorney.  What follows is the Iowa Law regarding Advertising by real estate brokerages and sales associates that apply to this situation.

193E-10.1(543B)  Advertising.  A broker shall not advertise to sell, buy, exchange, rent, or lease property in a manner indicating that the offer to sell, buy, exchange, rent, or lease the property is being made by a private party not engaged in the real estate business, and no real estate advertisement shall show only a post office box number, telephone number or street address.  Every broker, when advertising real estate, shall use the regular business name or the name under which the broker is licensed, and shall affirmatively and unmistakably indicate that the party is a real estate broker and not a private party.  Each broker when operating under a franchise or trade name other than the broker's own name may license the franchise or trade name with the commission, or shall clearly reveal in all advertising that the broker is the licensed individual who owns the entity using the franchise or trade name.

10.1(2) Real estate advertising shall not be misleading or deceptive or intentionally misrepresent any property, terms, values, or policies and services of the brokerage.

The laws of any state are always subject to interpretation.  That is why a complaint process is in place, to test these interpretations.   Each state has their own laws regarding this subject in our industry and may be totally opposite in your area to mine. 

My intention with this subject is to apply the test of the law to this type of real estate advertising.  If it is determined that this is an ok method of advertisement, I will accept that and move along.  Thank you for everyone that has responded to this post.  I enjoy seeing both sides of opinions and I look forward to sharing the outcome in the forum. 

**************** ORIGINAL POST BELOW *************************

I was on my way home the other night and as I exited the freeway, I stopped at a red light of an intersection.  It's not uncommon to see handwritten signs planted along city intersections, but this one caught my eye.  

I thought to myself, "Wow... some For Sale By Owner has decided to get creative selling their house!"  Then as I sat there a bit longer (it was a long red light), it seemed odd that a FSBO would have access to a toll free recording service.... As I drove away, I jotted the phone number down and called for the "Free Recorded Info".  To my surprise, it was a local real estate agent! 

That was it!  I maneuvered back around the block to get another look at this sign.  This time I took out my camera and snapped a couple of quick photos.  I also wanted to verify that I had written down the correct phone number...

It wasn't until I got home, downloaded the photo's from my camera and zoomed in on the image that I discovered that at the very bottom of the sign was the name of the real estate company.

I know that NAR's Code of Ethics deals with proper advertising.

"•  Standard of Practice 12-5

Realtors^® shall not advertise nor permit any person employed by or affiliated with them to advertise listed property in any medium (e.g., electronically, print, radio, television, etc.) without disclosing the name of that Realtor^®'s firm in a reasonable and readily apparent manner.  (Adopted 11/86, Amended 1/07)"

This section deals with misleading the public in any advertising.  And this sign clearly does not fall within the Standard of Practice 12-5. 

But what bothers me more than anything is what does the public think about this type of advertising?  What are your thoughts?  Is this simply "creative marketing" in a time when listings are plentiful and buyers are few?  Or is this an egregious method to trick a buyer and capture their telephone number?

What's next?  Sandwich boards?

Being a REALTOR® in today's society can put you at risk potentially for physical harm.  We've all read the stories about an agent that gets a floor call from a buyer that wants to see a vacant house "Right Now" and ends up being attacked or worse.  Trackstick would be a step in the direction of safety.  At the very least, it would help track an agent in their car on a showing.  It is available for sale at the Google Store for $269.00.  There is no monthly fee.

The Super Trackstick is the perfect tool for individuals, law enforcement and government agencies looking for a way to track anything that moves. The Super Trackstick records its own location, time, date, speed, heading, altitude and temperature at preset intervals. With over 4Mb of memory, it can store months of travel information. 

Check it out at the Google Earth Store

Today's Tech Pick comes from the NAR Mid-Year convention in Washington DC.

After seeing this company at both NAR conventions in San Francisco and New Orleans and now again in Washington DC, it would seem that this company is here to stay! 



The Showing Beacon, with its patent pending technology, makes it simple to notify the seller to return home directly after the showing is complete. Eliminate uncertainty and excessive wait times with push button convenience.

www.showingbeacon.com

Les Sulgrove
IT Manager/Education Dept
RE/MAX Real Estate Group
Des Moines, IA 50311
515.274.8565
lessulgrove@dsmhomes.com

  The old adage "When the student is ready, the teacher will appear" is so true.  I have a friend that says that all the time, especially when I proudly announce that "I" have just found a cool website or software program... only to be reminded that she had sent that same website to me months earlier in an email.  I feel foolish for a moment but then move on.  With everything going on in today's world, it's a wonder that we can even function doing the day to day tasks of our lives.

It's been a few days since I've returned from the National Association of REALTORS® convention in New Orleans and as I dig through the Halloween bucket of trinkets handed out at the trade show, I've come to the realization that there are no new ideas.... only new ways of presenting them.  What's old is now new again and what's new today will be old tomorrow.  Howard & Friends had a booth and were promoting their CMA program.  Come on now... a CMA is a comparison of what has happened, what is happening and what is waiting to happen.  I think that the reason there is not a stand out CMA program is because everyone is trying to take the old idea and dress it up, slap it in a new box and sell the sizzle.

I guess I'd better get back to the point of my title before I lose all of you.  As a young man studying humanistic psychology, Abraham Maslow observed the social habits of monkeys.  He noted that some needs take precedence over others.  If you are hungry and thirsty, you will take care of your thirst first, then your hunger.  You can live several days without food, but you need water every couple of days to survive, thus thirst is a stronger need than food.  These observations allowed Maslow to create his now famous "hierarchy of needs" pyramid.

The pyramid consists of five layers:  physiological needs, the needs for safety and security, the needs for love and belonging, the needs for esteem, and the need to actualize the self.  

The real estate business right now is affecting REALTORS® on different levels.  It's pretty safe to say that the Physiological Needs layer is probably not in play in this example.  Given the choice of breathing air vs. listing a property....  I'm guessing that breathing air will win out every time... but beginning with Safety Needs layer it begins to get interesting.

National REALTOR® safety week was in September and there are REALTORS® that do nothing but remain preoccupied with their personal safety during showings or at an open house.  This is not a bad thing, but if your own concern over your personal safety affects your ability to show homes, you'll find that selling real estate will be pretty difficult.

LIkewise if you are a person that must have that continuous positive reinforcement, then your Belonging Needs could hold you back.  You know this person... they are always in the office, hanging at someones office door.  They are the first to suggest "Let's Go To Lunch!" and probably have a lot of free time on their hands because they thrive on "hanging" in the office as opposed to beating the streets for business.

The easiest level agent to spot is the Esteem Needs agent.  Unlike the Belonging Needs person, these folks are typically successful.  They are the ones that drive the expensive cars, wear the best of clothing & jewelry.  These REALTORS® were everywhere in New Orleans... big hair, heavy makeup, painted nails.....(the women looked pretty snazzy too! <G>) Now please, before you chastise me for picking on this group, read on.

Self-Actualization stands out at the top of the pyramid not just as the ultimate level, but alone and above the others.  In a sense, to attain the Self-Actualization level, the needs below it must be taken care of at least to a considerable extent.  You can't be hungry and scrambling for food, living in fear or clinging to the masses and attain Self-Actualization.  According to Maslow, when your lower needs are unmet, you can't fully devote yourself to fulfilling your potentials.  Maslow believed that only about two percent of the worlds population are Self-Actualizing.  I personally think that number is too low, but hey, it's his theory.

To wrap this blog up, I challenge you to take a look at yourself closely.  Where are you on Maslow's pyramid?  What is the highest point you have attained at a given time?  What were you doing in your business then?  It's too easy to see a stabilizing real estate market and cry that the sky is falling.  True, business is probably not like it was a year ago, but then again what else in your own life is exactly like it was a year ago.

When the only tool you own is a hammer, every problem begins to look like a nail. 

I bet that this statement already has a different meaning to you know than it did when you first read it.  Take advantage of a changing market to climb Maslow's pyramid. 

Les Sulgrove
RE/MAX Real Estate Group
Des Moines, IA

Sources:  http://www.deepermind.com/20maslow.htm
              http://en.wikipedia.org/wiki/Abraham_Maslow

This is my first blog here at Active Rain and I have to thank (or blame) Linda Davis from RE/MAX Realty Group in Gales Ferry, CT.  I first began hearing about Active Rain a couple of months ago from fellow members of CyberProfessionals, an International networking group of REALTORS.  Other Active Rain bloggers in my sphere of tech friendship include Active Rain Point Queen Teri Isner from Orlando, Florida, Sharon Simms from Tampa/St. Pete Florida, Angus "Mooo" Woodbury from Naperville, Illinois just to name drop a few.

While attending the NAR Convention in New Orleans this past week, it became clear that if I was not blogging, I was not doing my duty to help push forward this bit of new technology.  Never mind the fact that I could ultimately become famous in my area for being a "blogging" expert. 

So I tagged along Saturday morning to an impromptu gathering of Active Rain bloggers.  Besides the AR's I mentioned earlier, I got to meet Bill French.  (Actually I met Bill on Friday when he spoke to my CyberProfessionals group meeting)  Bill is a fun guy.. a little preoccupied with delicious liquid refreshments <g> but as I discovered when I stopped by his booth at the NAR Exhibition Hall, Bill is a man of his word.  He challenged me to walk across from his booth and pick up this very nice fruit basket that was on display and bring it back to him and he'd pay me $25.00.  Not being one to miss an opportunity to take someone up on a street bet, I walked over to the neighboring booth, looked the people straight in the eye and said... "excuse me, I'm going to take this basket from your booth and sell it for $25.00".  I proceeded to take it directly over to Bill who has witnessed the whole event and was digging into his wallet for cash.  I did the right thing and returned the basket to the vendor and let Bill off the hook for the bet, but now I am one up on him for the next time we meet.  I think I'll be ordering an expensive drink ($25.00 to be exact) in Las Vegas next year at NAR.

Now, back to the title of my Blog... How To Interview A Mime.  One of the very neatest people I have had the pleasure of knowing during the last few years is Jerry Fowler from Columbia, South Carolina.  Jerry is a member of the CyberProfessionals and is the creator and host of South Carolina's most listened to radio real estate talk show in Columbia.  He is a natural interviewer.  This I found out first hand on Saturday evening on Bourbon Street.  As he and I walked the street (not in the sense that Bourbon Street is typically walked), we saw a man standing in the middle of the street in Mime face and costume.  There was a bucket at his feet with a couple of dollars inside.  It was a cold night on Bourbon Street and as he stood still in statuesque pose with his eyes directed straight ahead, I could see a tear coming from one of his eyes.  Even though I knew he wasn't crying, (the cold breeze was causing his eye to tear as he stared into the distance), it gave me a feeling of sadness for what he and his fellow Katrina survivors have endured.  His name was Harold Short according to a tattered business card he later gave me.  He is a street performer and AIDS advocate.  To look closely you would think that this man was in his 50's perhaps even 60's.  The white face paint accentuated every crease in his forehead, cheeks & neck.  His facial expression was stone sober, unlike any mime I've ever seen at least. 

Jerry walked up to the man and began a 20 minute conversation that I don't think I'll ever forget.  With the drive of a veteran interviewer he started a conversation with Harold Short.  Harold's voice made him seem even older than he looked.  His slow Louisiana drawl was that of someone that had been to hell and hadn't found his way completely back yet.  As Jerry asked how he survived Katrina, how he was affected, what his experience was getting out of New Orleans... my thoughts went to the video images I remember seeing on TV right after Katrina hit.  New Orleans was not a financially rich place before Katrina.  But richness runs deep within the people of the city.  They have been beaten down, literally run out of the city to survive and many have made their way back.  Some say that they don't know if New Orleans will ever fully return but Harold Short is back.  When asked why he returned his response was "Where else would I go... where would I go to do mime?  This is my home."  Harold Short a man of many years by looks is 34 years old.

NAR, thank you for keeping your commitment to the city and people of New Orleans.  It wasn't the cleanest and prettiest place that we could hold the convention, but it was the right place. 

Les Sulgrove

RE/MAX Real Estate Group
Des Moines, IA