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Consumers in Pennsylvania are protected in a myriad of ways from potential frauds and dangers.  State licensing and regulation make it all but impossible for a real estate practitioner to “get away” with an offense against a consumer.  New licensees are indoctrinated into this matrix, and must undergo biannual ethics training to reinforce the state policy.  Lastly, all practitioners who are members of the National Association of Realtors MUST subscribe to it’s NAR Code of Ethics (one of the first of it’s kind in the nation) and local branches of the NAR are aggressive in prosecuting reported violations.

So why is it that Real Estate agents are still considered one of the most “shady” people in business?

In a nutshell, it’s because the typical consumer has no idea about the process by which they engage the real estate community for the purpose of purchasing a house.  And as a result of that ignorance combined with poor communication from real estate practitioners, the public finds that their expectations have not been met.

Not a week goes by when I don’t interact with a consumer (not a client) who has found me on the internet.  In most cases, they are in the initial stages of looking at homes, mostly online.  Often they declare their intention “not to sign with anyone” and “check out open houses”, etc.  When I question what the problem is with hiring a buyer’s agent they become either a) confused or b)suspicious (OK, sometimes both).  This is the conversation where I’m supposed to explain the role of a buyer’s agent (per PA law – known as the “first substantive discussion about real estate”).  Most consumers will tend to view this as a thinly-veiled sales pitch.  It’s frustrating to me as a professional agent on several levels:

a) I HATE being considered a sales pitchman.  Not to mention the fact that buyers aren’t financially obligated to a buyer’s agent anyway!

b) I’m REQUIRED to take the time to explain the law in Pennsylvania (BTW this is known as the PA Consumer Notice).  I know it can be boring.

c) I just KNOW that the consumer isn’t going to retain any of what I’m saying.  I know I wouldn’t myself…legaleze is sooo dry.

What’s worse, it does make perfect sense to use this juncture of my new relationship to promote my services over those of my competitors, right?  Would would you do, if you were just told by a prospective customer that they intended to go look at homes without you, thereby exposing them to your competitors without you having “fired a shot”? Hence the title of this post.

The question is “how to get the Consumer law into the consumer’s hands and understood by them ahead of time, as well as the opening presentation of the agent’s services so as to pique the consumer’s interest in talking some more…

There’s nothing so empowered as a home buyer who knows exactly what’ going on and why.  That’s my goal from moment one when I meet a prospective client.

So, the challenge the real estate industry faces is educating the public about the process of home sales and the necessary relationships that arise from it, as well as the points at which a consumer can elect to retain a pro on their behalf.  Educated customers can spot the experienced agents and avoid getting stuck in a business relationship they regret.  Agents are held to a higher standard by the consumer.  Everyone knows where they stand.  I like it!  How to make that happen….hmm.

 
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27 Comments on The Real Estate Relationship That Wasn't

NOV
21
2009
402,096 Points 2 Featured Posts Called Shot Master

How right you are!  Stay in the game.  You are a professional.  It's the uneducated consumer that is the biggest problem.  Envision yourself in an office....the guy at the watercooler says his uncle just....whatever.   This is an uphill battle that we must fight everyday...day in and day out.  If we don't, who will?  Stay in the fight.  I believe it's worth it. 

9:39pm • #1
NOV
27
2009
566,349 Points 79 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Jeff~ 

I am reBlogging this post...and am recommending that it be Featured. You wrote, "

The question is "how to get the Consumer law into the consumer's hands and understood by them ahead of time, as well as the opening presentation of the agent's services so as to pique the consumer's interest in talking some more...

There's nothing so empowered as a home buyer who knows exactly what' going on and why.  That's my goal from moment one when I meet a prospective client."

and I am 100% on board with what you have to say...

2:04pm • #2
723,187 Points 223 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

If we don't make the consumers hip to how the industry works and how we can help them, nobody can. 

2:16pm • #3

Good post. I have similar issues with our industry not being trusted.

4:03pm • #4
4 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Maybe some blogs to the public concerning how a buyer's rep agreement works would be a start. So many people are "buffing up" on real estate matters before they contact us. Let's start educating them ourselves!

4:14pm • #5
860,360 Points 76 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I'm reblogging, Jeff, as well. I get a slew of internet leads each week from my website. Many just email. Some call. The callers usually just want info, and to meet me at the house -- they don't want me to prequalify them or ask them any questions.

 

4:51pm • #6
338,205 Points 27 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

You are so right about the "sales pitch" - that's exactly how they see it.  Of course, we are selling our services, but the process and avenue of compensation has to be explained to buyers.

5:08pm • #7
455,678 Points 6 Featured Posts Outside Blog

Focus on the benefits you can provide to them.  Getting them with a lender to get pre-qualified, your expertise in knowing the neighborhoods and pricing, your negotiation skills, provide them access to all properties in your MLS via a search feature on your webiste, things like that.

5:31pm • #8

Jeff,

In beautiful NJ, we are required to provide the "Consumer Information Statement." I make light of it to avoid any discomfort. "The State of NJ requires me to give you a present..."  I can email it, fax it.

5:32pm • #9

Good blog!  That is the difficulty with real estate; the process seems extremely mysterious.

6:01pm • #10
497,480 Points 21 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Hi Jeff, I educate EVERYONE I meet. They understand the difference between being a customer or being a client when I get done with them. There are a few people here and there that just doesn't "get it". They sometimes shy away from the Buyer Agreement because ours is 3 pages long but I tell them when it comes time to negotiate, I CAN'T help you.

We have to take it upon ourselves to educate the consumers. It's to their benefit and protection. Sometimes it's hard to do because they come to us with a preconceived notion about real estate agents. It's ashame but we can change it!

Great post Jeff! :)

6:03pm • #11
152,342 Points 1 Featured Post

Let me see? You pay an organization dues (required by many brokers and local boards) to a group that promises to bring a higher level of professionalism to real estate agents and help protect the public from shady practices that have historically been played out in the business. But, instead they come up with catchy phrases like, "it's a great time to buy", and "every market is different" to lure in the consumer. And, they pay out an undisclosed amount to lobbyists in Washington DC to push a costly tax credits to people who were planning on buying a home anyway.

When they are not involving government into giving away taxpayer money they zero in on the self proclaimed benefits for agents to gather enough initials at the end of their name by paying more dues and attending training courses that have mostly required a warm body to fill a seat. Get enough initials and you can begin teaching the course. In turn, you are encouraged to persuade customers to become clients by comparing yourself with doctors and lawyers (not hair dressers).

I could go on as to why I think you will be required to read the Miranda rights of consumerism to potential buyers for long, long time, Jeff. But, I think you get the general idea on my thoughts on this subject. Great post.

BTW: we are required to "explain" the NJ Consumer Information Statement, not just hand over the folded paper and make light of it.

6:10pm • #12
315,612 Points 12 Featured Posts Localism Sponsor Outside Blog

Thanks JaneAnne for the notice, and thanks to everyone for their comments!  This subject is very dear to me especially in the world of internet leads where it's constantly touch and go with "buyers" searching about.

7:00pm • #13
290,376 Points 14 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Consumers aren't as dumb as many agents think they are. I am sure most of them understand simple agency, how we work, and how we get paid. Sometimes I think that many consumers feign ignorance because what they want to do is get valuable information without giving up anything of value. They want the "flexibility" to buy from anybody at any time without regard to the time, effort, and expertise we give them. 

7:11pm • #14
412,193 Points 1 Featured Post

Hey thanks so much for the informative post today. I too have bookmarked it for future reference.

Patricia/Seacoast NH

7:52pm • #15
776,950 Points 47 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

Jeff,

Most customers hear, "blah, blah, blah, blah, lets look at some houses, blah, blah. I understand the need for the disclosures but on the practical side...they infrequently work as designed.

Rich

7:55pm • #16
2 Featured Posts Localism Sponsor Hit Router

Jeff, you have articulated the conundrum that we REALTORS face regularly when encountering buyers whom we would like to convert to clients. As licensed professionals who must adhere stringently to the NAR Code of Ethics, we follow the rules governing disclosure very faithfully. Yet, just as you experience regularly, it is a real challenge to explain the Consumer Notice, educate buyers about the range of service we can provide, and describe how agency works.  I try to emphasize to buyers that they are entitled to be represented and, according to real estate law in the Commonwealth of Pennsylvania, REALTORS need to represent either the buyer or seller when showing a home.  I try to follow up with a statement of how this balances the equation, for sellers are already being represented by their listing agent.  Without the written Buyer's Agency Agreement, by default, I represent the seller- someone whom I don't even know!

As with all perceptions, it takes time, energy and skill to change them.  This is an arduous process which depends, in part, on the willingness of the customer to listen as we explain the value of hiring a profession who will promote and protect his/her client's interests.  By providing information, answering questions, sharing information such as web sites and other resources, I hope to build trust and some modicum of loyalty.  However, I also stress that I cannot represent customers until they commit to becoming clients.  I tie the Consumer Notice together with the Buyer Agency form from the onset. This is not always easy to accomplish, but I continue to work at it.

Thank you for an outstanding, thought-provoking blog which speaks to each and every one of us.

8:52pm • #17

I've always been pretty good at convincing buyers to use me as their exclusive agent. Of course 25 years of experience buying and selling real estate profitably is a great benefit to be able to promote vs. working with their friend or a relative with 6 months in the business and no track record of success. And therein lies the problem. Anyone who can fog a mirror can be licensed as an expert in my state within two weeks for a couple of hundred dollars. I've even mentioned that to a few reluctant clients in the past. Meaning, if they have a little vacation time saved up and really want to DIY to save some commission money, why not just use a weeks worth of vacation time to get their license and go represent themselves in their buyers transaction? It's far cheaper than paying me. In my career, I've seen newly licensed agents walk into my office looking for a place to operate that can barely write their own name much less read, but somehow they managed to pass their real estate license test and become a real estate expert seemingly overnight! That's what the public IS aware of. Some how, their peer Johnny Razorsharp, who never really excelled in high school and wasn't able to get into college, managed to get a real estate license and is now out advertising himself (Or herself) as a real estate expert after a whole week in class vs. the four years they spent in college to get a degree so they could be told they needed to spend another $50K and a couple more years to get a masters degree in their field before they could be considered an expert or make a respectable income at it. I'm not advocating that, that path is necessary to be successful in any particular field, I'm just saying, that it seems that that's what's being drilled into their heads from the time they emerge from the womb all the way up until the time they graduate from college and then struggle to find a job in their chosen field that pays more than 25K a year. Secondly, having said all of that, here's a few other things that come to mind: The industry as a whole has been advertising that everything we do is FREE for over 75 years. As a business you have to somehow compete with that. If you're the only person in the industry telling the truth, in other words, it's not REALLY free, people will naturally gravitate to where they feel they can get the same thing for nothing at your competitors operation. Our board here is fond of comparing us to other professionals like doctors, dentists, lawyers, and accountants when they want to emphasize a point to their members or move them to take action on a professional issue. I cringe when I read that nonsense. There is no comparison to a week in real estate school to 4 years or more at a university to qualify as a professional. If we're not honest with ourselves about our qualifications, why should the public be? The bottom line is, until we as an industry are willing to admit that our education requirements for entry into the business are inadequate at the very least and do something about it, the public will continue to be wary of the promotion of ourselves as professionals. And rightly so, I say. So I don't hide from it. I tell them the way it is and then give them the choice of walking to my competitors that promote the illusion that everything in they do is free, or sticking with me because the truth is my competitors are lying to them before they've even opened the door to walk into their office. Oh, and not to forget, either way the price is pretty much the same. So who would you pick for the same price? Shelly SixMonths or me? A couple of months ago I saw a joke that went something like: At the height of the real estate bubble, police officers in California upon pulling someone over would ask to see their real estate license instead of their drivers license because they were more likely to have the former license than the latter. I laughed so loud I spit all over my computer screen. That's how sad it's become. There's more but this is already becoming a blog post instead of a comment so I'll leave it at that . . .

 

Carl S

9:02pm • #18
129,774 Points 5 Featured Posts Outside Blog Attended Rain Camp

Wow!  Jeff: Your article generated some interesting comments.  If you educate your buyers and they decide to move to Texas,  send them my way.  I love educated buyers.  You would make my job so much easier. 

Carl:

I have a shirt that says "Buy from me or get out of my car!!!"  I mean it.  If I can't get loyalty don't waste my time. 

9:53pm • #19
1,004,751 Points 36 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I like the idea of a post or an email that explains the agency and also why use me.

11:21pm • #20
115,902 Points 1 Featured Post Localism Sponsor Outside Blog

I am a salesman.  I'm proud of it.  I'm also a consultant, teacher, listener, coordinator, facilitator, reseacher, analyst, etc.  I also know that people are looking for information and are not always ready right now to align with an agent.  I respect that and always remember that there is plenty of right now business out there.  I keep such people in tickler file.  I'm not going to work with everyone who crosses my path.  I get to choose too!

11:50pm • #21
NOV
28
2009
315,612 Points 12 Featured Posts Localism Sponsor Outside Blog

Wow, I'm impressed with the depth of these comments!  I'm glad this subject is being discussed.

12:27am • #22
450,896 Points 2 Featured Posts

Jeff, this IS so important and as others note, customers often here it as a sales pitch or having to sign a "contract."  I find myself explaining it several times. But, explain it I do

6:29am • #23
1,062,989 Points 156 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Jeff, the reticence by buyers is a trust issue and one of commitment. It takes time to build your trust with them and to overcome that perception of the shady real estate professional. People in general HATE contracts. It ties them down.

10:07am • #24
DEC
07
2009
168,842 Points 1 Featured Post Attended Rain Camp Called Shot Master

Great post Jeff, I definitely relate. Your professionalism truly shows. It is vital that we educate our customers.

4:22pm • #25
DEC
10
2009
538,546 Points 6 Featured Posts

ToulaRosebrock,com

Hi Jeff:

Sounds like PA and NJ RE regulations as very similar.

They all favor the consumer...

I share your frustration!

3:20pm • #26
DEC
17
2009
419,412 Points 71 Featured Posts Outside Blog Called Shot Master

Jeff - You said, "There's nothing so empowered as a home buyer who knows exactly what' going on and why."  Ain't that the truth.  While there is mis-information out there, there probably hasn't been a time so apt to provide home buyers a chance to be just that empowered.  Information, good & solid information, is out there for the taking.  And true professionals are also out there for hire.

9:31am • #27

This blog does not allow anonymous comments

 
Jeff_geoghan_2006smile Rainmaker_large

Jeff R. Geoghan - Marketing Evangelist and VP

Lancaster, PA

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Coldwell Banker Select Professionals

Address: 1000 North Prince Street, Lancaster, PA, 17603

Office Phone: (717) 735-8400

Cell Phone: (717) 799-0851

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