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Whose Real Estate Listing is this anyway?

By
Real Estate Agent with eXp Realty WA 47927

Listings are the life blood of real estate.

For Sale SignThe saying is “who lists, lasts.” Helping buyers find a home is good. Listing a home for sale is better. As a listing agent my name is out there on the sign in the neighborhood and on the flyer right at street level. My broker advertises my listing in Homes & Land magazine together with other Brio Realty listings.

Real estate agents ask me if they could advertise my listing in print or on the web. I say YES, BUT: limited to the particular publication and, on the Web, limited to the agent’s personal website.

As a listing agent I owe it to my clients to sell their home by promoting the home’s FOR SALE status to the best of my ability. This can include the promotion of my listing by other agents. After all, these agents are looking to find buyers for my client’s home.

I promote my client’s home widely on the web: on my own websites and elsewhere on the web: ad on craigslist.com and placement on Zillow.com and Windows Live Expo (MSN), to name a few.

I also create and post a Visual Tour at visualtour.com where I elect to have the Visual Tour automatically sent to Google Base, HomePages.com, HomeSeekers, PrudentialPropertiesVOW, Trulia, and Yahoo’s classified ads.

Woodinville home on Trulia.comToday, I checked these sites to make certain my clients get my/their money’s worth. I checked Trulia. I can’t find the Visual Tour of my listing. But what I DO FIND instead is MY LISTING that has been put there by livingchoices.com.

Who is livingchoices.com?

They did not ask me whether they could advertise my listing! The link from Trulia to livingchoices.com shows that the home “IS OFFERED” by Picket Street which is part of RE/MAX Northwest Realtors. What does OFFERED mean? To the average person this implies that Jesse Moore & Dennis Pearce of  RE/MAX Northwest Realtors are the listing agents. It says right above their names: “Contact Agents, ”  which at least implies “Listing Agents.”

Woodinvile home on livingchoices.comSo let’s move on to the details that livingchoices.com provides on Picket Street and Jesse and Dennis. Voila! The first thing we learn about Jesse and Dennis is that: “Of all of our listings for 2006, 100% of them sold (none of them expired, and none of them were cancelled). Homes listed with us averaged 30 days on market, with a selling price of 102.2% of the ...” This all but confirms that they ARE the listing agents of the Woodinville home on 185th Ave NE. In fact, right below is says “54 Properties offered by Jesse Moore & Dennis Pearce” Are these all their listings? I checked on the Northwest Multiple Listing members-only site: As of 08.28.05 at 11 am Jesse has 2 active listings, one with a contingent offer; Dennis has no listings.

So what’s going on here?

All members of the local Northwest Multiple Listing Service (NWMLS) are required to get written approval to advertise another member’s listing. I was asked via email by Dennis and Jesse for permission to advertise my listing in the Real Estate Book of North King/ Snohomish County. My  answer was specific: You have my permission for the publication you mentioned in your email below.  I’ve never gave approval for my listing to be advertised on the Internet, because I was doing that myself.

Problem is that the Real Estate Book of North King/Snohomish County is published by NCI, Network Communications, Inc. of Lawrenceville, GA, “the largest national publisher of local printed and online magazines for the real estate market.”

NCI also states: “Our websites and online proprietary real estate portal, LivingChoices.com, complement the strength of our print publications. With over 10 million unique visitors viewing 500 million listings annually, LivingChoices.com is a top destination for consumers actively seeking their next apartment or home.” Because LivingChoices.com broadcasts their information to other sites my listing appeared there but in association with another brokerage and agents.

Woodinville home listingI’m not blaming Jesse and Dennis for giving the consumer the impression that they are listing MY listing and that they have together 54 listings when they have just two. They are the "beneficiaries" (and "victims"?) of livingchoices.com scouring and scraping the web for listings in the area in which the two of them do business in the hope to find potential buyers. Neither Dennis nor Jesse have written the potentially misleading language on livingchoices.com nor are they responsible for broadcasting my listing to Trulia.com and making it look like my listing was their listing.

Jesse and Dennis are probably honest, hard working real estate agents. I say this with confidence without ever having met them. Proof: when it comes to Picket Street Properties and pickettstreet.com,  their own website, Dennis and Jesse do not pretend to be listing MY listing nor any of the other 54 listings that appeared to be their listings on livingchoices.com.

Why do I care about all of this?

Because I work very hard to educate my clients and potential customers about this business of real estate. The consumer has a hard time understanding the difference between a listing agent and a selling agent. Can you explain to me why the SELLING Agent is so named when he/she is representing the BUYER?  Many consumers don’t even know that they can be represented as a buyer by an agent. And many of those that do, don't really understand the benefit. The listing agent is the one that is publicly visible and thus, “gets the respect” of the consumer. That’s why giving the false impression that an agent is the listing agent is so prevalent in this business.

Real Estate Portals without Rules

Websites like livingchoices.com may serve a purpose but consumers should not look to them as an authoritative source about Real Estate practices. These “intermediary real estate portals” and hundreds like it do not have to follow the member guidelines of a Multiple Listing Service and adhere to the Code of Ethics of the National Association of Realtors. The way they present information does not break any laws as far as I know. But the ways they present information often misinforms and misleads the consumer.

P.S.

I called Jesse and pointed out that my permission to advertise my listing was limited to the local publication and did not extend to the Internet. He and Dennis agreed and they will try to remove the unauthorized postings on the Web. This is the second time I've covered this subject - the first one is called: The Wild World Web.

 

 

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Ken Bell
Realty Executives Brio - Bellevue, WA

Gerhard,

Did the livingchoices.com feed to Trulia trump your feed?  

I wonder how much they pay to be a part of livingchoices and have it represent them as having 54 listings. To a consumer searching through Trulia, this is quite a benefit for those agents. Trulia.........hmmm, have you tried to contact them about this? 

Aug 28, 2007 11:37 AM
Gerhard Ade
eXp Realty - Seattle, WA
What sets me apart, will set you apart.
Yes, Bob - livingchoices.com trumped my Visual Tour feed. I've contacted Trulia with the first incident just like this... they are not responsive ...or is this "responsible?" The trouble is that as a real estate agent who benefits from the mis-representation why complain about looking like having many more listings than you actually do?
Aug 28, 2007 12:00 PM
David Swierczynski
Retired - Antioch, IL
RETIRED

Gerhard,

I use living choices/the real estate book and can tell you that the person inputing the listing has the option of whether or not it will appear elsewhere on the web (due to their many portal sites). Don't want them on the web?Un-check the box. It's really that easy.

As for other agents advertising your listings, it would appear to me that if your broker has a policy allowing for it, since the listings ultimately belong to the broker not the listing agent it would be up to the broker to allow or deny that opportunity.

My broker allows any agent of the company (only) to advertise any agents/his (the brokers) listing. The benefit of an arrangement like this is obvious to the seller, agent and broker. To my knowledge advertising another agent/brokers listing from another company is illegal in Illinois. 

In response to Bobs question it costs me approximately $9100 a year for a full page (inside front cover) in "the real estate book" the web portion is an addded benefit for being an advertiser.

Cheers,

David Swierczynski

 

Aug 28, 2007 12:25 PM
Gerhard Ade
eXp Realty - Seattle, WA
What sets me apart, will set you apart.
David - good to know about the input function. I suspect that was handled by an assistant of the two agents I mentioned. The Northwest Multiple Listing Service requires a written permission (email will do) by the listing agent for another agent to advertise a listing. How to control the sort of advertising of another real estate broker's listings (PREVENT them before they happen) on real estate portal sites that aren't governed by any rules, is the question. What Illinois law would prevent that?
Aug 28, 2007 12:52 PM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS

Gerhard - I like your limitation of permission to a specific publication or site. In the future you may want to add that they should uncheck any additional distribution.

New photo, I see. More professional - more typical. I liked your older one - it gave you more individuality.

How far are you from Seattle?

Aug 28, 2007 01:20 PM
Gerhard Ade
eXp Realty - Seattle, WA
What sets me apart, will set you apart.

Thanks for the comments, Sharon. I had no idea about the publication being connected to a "web-blast" with any options for input.

My photo was taken by Tom, a photographer husband of another Brio Realty agent. Yes, its more professional. I'll be switching some time to another photo taken by Tom that is less conventional.

I live on the east-side of Seattle where I do most of my real estate work. The drive across Lake Washington to Seattle is anywhere from 15 to 50 minutes, depending on the traffic.

One last point about advertising another agent's listings: I would have NO objections at all if the advertising made it clear that the advertising agent is looking for BUYERS and state at least the listing broker's name, i.e. "Courtesy of Brio Realty."

Good to hear form you, Sharon. -- Gerhard 

Aug 28, 2007 02:04 PM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS
Agreed - it's the least that they can do.
Aug 28, 2007 02:19 PM
Jason Schweiger
Modus Mortgage - Auburn, WA
Loan Originator: Modus Mortgage
Ok. I get your point. I disagree with the NWMLS rules, as they are conflicting in nature. It always creates the issue of conflict.
Sep 22, 2007 08:09 AM
Marlow Harris
Seattle Dream Homes - Seattle, WA

I've started denying anyone else permission to advertise my listings.  I used to let Asset out of Kirkland do it, but then I noticed that their advertising started to take over Craigslist, and I prefer to have those inquiries going to my own website, not theirs.

Our office has since came out with a policy to "just say no", and I agree.  Now that I see the mischief that can result, I don't allow anyone to "feature" my listings on their sites or in their ads.

Nov 15, 2007 03:11 AM