Ride the blogging wave. Be compliant and don't get wiped out!

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Ride the blogging wave. Be compliant and don't get wiped out!

Hi folks, this is a follow up to my last post, Posh'd Oh my gosh! Does that make me an "Expert"? In that post I wrote this:

"What if NAR or your State's Real Estate Board, decided tomorrow, to clamp down on all the ethical and legal violations that abound in blogdom? And believe me they do abound. I have visited many blog sites and for the life of me I can't even tell who they belong to. No company name, no licensee name, no contact numbers, nothing that even gives a hint that the owner of the site is a licensed REALTOR®. Those sites could be shut down overnight. Licenses could be revoked. All the hard work and SEO "thingies" would be worthless in a matter of minutes."

Brian Brady wrote in his recent post, Blogger: Be afraid of the big, bad Broker(or Bank), the following statement:

"Large real estate brokers and banks will severely curb the weblogging efforts of the individual sales agents in the name of "compliance". In short, the behemoths will say that they can not adequately protect the consumer from the unsupervised local messages being offered by its sales agents. That, will be bunk."

A couple of weeks ago I received an email from a REALTOR® who had left a comment on one of my posts. She was asking me to go in and delete it. According to her, her Broker had told her to go back and delete every comment she had made on any one's blog and also prohibited her from blogging. As Brian mentioned in his above statement this REALTOR® works for one of the large National brokerages.

My first reaction was "I think you need to find another Broker." This has been on my mind ever since. As a Broker myself, I am responsible for my agent's actions. It is my legal obligation to make sure all of their advertising is compliant. If I had dozens or even hundreds of agents working under my license would I want them blogging? If I'm honest with myself my answer would be a strong NO! Unless, everything they wrote and posted was approved by me.

Now reread the excerpt from my post up top. How many of you have visited blog sites where there was NO indication that the writer was a REALTOR®? Well I have seen many. In fact if I didn't know better I would think the authors of some of these sites were puppets, dogs, cats, fruits, vegetables and an assortment of other non-human "thingies".

If I had agents' licenses under me, with sites like these, I would be placing my license and my business in jeopardy.

If you are a REALTOR® you have a Code of Ethics that you must abide by. Here are a few applicable codes for you:

Article 12

REALTORS^® shall be careful at all times to present a true picture in their advertising and representations to the public. REALTORS^® shall also ensure that their professional status (e.g., broker, appraiser, property manager, etc.) or status as REALTORS^® is clearly identifiable in any such advertising. (Amended 1/93)

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)

Standard of Practice 12-9

REALTOR^® firm websites shall disclose the firm's name and state(s) of licensure in a reasonable and readily apparent manner.

Websites of REALTORS^® and non-member licensees affiliated with a REALTOR^® firm shall disclose the firm's name and that REALTOR^®'s or non-member licensee's state(s) of licensure in a reasonable and readily apparent manner. (Adopted 1/07)

So my question is, if you were a Broker would you let your agents blog and if you did, how would you monitor their activity? Is it be bunk? Or is it prudent?

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Posted by Bryant Tutas Broker/REALTOR(R) Tutas Towne Realty, Inc on 10/15/2007 04:51 PM

Comments (104)

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104 Comments on Ride the blogging wave. Be compliant and don't get wiped out!

OCT

2007

Reserved Parking For "The Lovely Wife"...TLW...ROAR!

Blog Boy...

As the co-owner of our company I would insist on having it in their contract that all blogs would have to go through us before being published.

Now that sure would create a lot of work for us. But I don't see any other way of doing it. The liability is too much.

It is just a matter of time before NAR is all over Blogging. I can almost see the same dollar signs that NAR sees when it comes to this topic :)

By the way...Why are Real Estate Bloggers not identifying themselves as Realtors? Now that I have thought long and hard about this I see major problems in the future of Real Estate Blogging. Or maybe I'm just paranoid :)

TLW...ROAR!

I hear ya. Didn't know you surfed so well. Same thing with lenders/brokers. By law every state requires the license number and address to appear on the page or advertisement. This one is a big banger - I see postings even on AR that advertise interest rates. It is a federal law requiring the APR (annual percentage rate) to be displayed on the same line and in the same font as the interest rate. I almost hate to admit but I require all blog postings and ads to be approved prior to submission. Maybe that's why I can't get anyone else to blog!

BB - Jack & I were discussing this and is it your understanding that in Florida we have to have the Brokers Info where you have the first link away from the page - not even at the bottom like so many do - is that right?

I have been to sites yo describe and decided they are either selling real estate without a lisence or they are REALTORS not giving property disclosure. Thanks for pointing out the ramifications to those doing it.

P.S. Contract's fully executed - marching towards Happy Halloween :-)

I have no comment except to comment that I haven't given this any thought. I will, and get back to you if I'm still blogging.

Thanks for ruining my day.

BB.

You know what excellent point...I think sometimes we forget we are vulnerable in the public eye and we might not even realize that we could be posting something that could become a problem with the brokerages name on it.

So what you're really saying is: "If your board isn't waxed, you're gonna wipe out?

I totally agree...if the broker is responsible for all agents and how they conduct themselves online then I say...hey we all need to get a grip.

I just put one up (you and Neal suggested Blogspot thingy) ....I just added my contact number (after reading this) and forgot my company name!

I sent TLW my blog address for you to critique...if that's okay...thanks.

Thanks for the thought! Not sure about this but will check it out!

Okay - I am not a sales agent, but a Broker Associate and an independent contractor. I write about MY business and disclose my brokerage affiliation on my websites, profile pages and on all listing advertisements. That is all. I do not have it in my AR auto-comment signature, nor do I put it on all of my blog posts.

The purpose of this mess is to make sure that agents are not misleading the public in any way. How is a comment without a brokerage disclaimer misleading the public?

You make an excellent point. There are compliance issues for advertising real estate services to the public. I've never sought to solicit clients using the Internet, as I had strong internal networks that supported me when I was fully active in the business. I did use the disclosure in my monthly email campaigns and print ads. As a matter of fact, I working diligently to strategic craft the language to show my brokers license number. There was once (when I first got my license) I called the DRE mortgage desk to confirm something I already knew, just to feel safe.

But if the California DRE was to visit ActiveRain, a lot of individuals would be cited for not compliance that could lead to license suspension. Compliance is simple and the responsible and professional thing to do.

I see threads all the time that discuss raising level of professionalism in the industry. Declaring our professional credentials is a simple act that would lead to instant credibility. It may even be wise to place a link to our Profile on the respective licensing agency webpage.

I would say that as a social networking conduit we should police ourselves. We should not need a regulator to tell us something we already know we're to be doing. I can see the day that the wrong person gets screwed online by an individual that is not declaring their license status and the DRE will come down like a hammer.

If licensees displayed their credentials it would seem reasonable that imposters would either not displays any license info or use fraudulent credentialing info. I'm amazed that so many states don't have an online portal for looking up licensed professionals online.

Click here to look up a California real estate licensee

I wrote about NAR looking at our blogs in May after attending the Mid-Year REALTOR conference. It was sent back to committee to be brought up next month. I sit on NAR's Professional Standards committee...It will be very interesting to see what comes out of Vegas.

BB - I'm guessing you used sunblock on your face? Ha!

I'm an agent and I guess I never thought about the liability of my broker. I try not to write anything inflammatory or against another agent. I try to be careful.

This is exactly what my company is trying to figure out. I know people rip on my company, but that is a lot of responsibility! We aren't allowed to have IDX feeds to personal websites, we aren't allowed to advertise anything but our own listings, etc.

CYA, brokers.

If I was a broker, I would let my agents blog, and I would have a staff member specifically trained to "proof before post" everything they did. But that's me.

Rich, I think that sums it up nicely!

Neal, Not only that but there are certain thing we MUST have on our sites and in out advertisements. Like our full names as they appear on our license. There are many violations on AR including my own blog. I need to have Tutas Towne Realty, Inc right near my email contact button and I don't. I'm going to have to fix that as soon as I figure out how:)

Corie, Don't quit!!!! Just check your site and make sure it's compliant. Make sure you are identifying yourself as a REALTOR(R) and make sure your brokerage name is highly visible.

Cyndee, you are correct. It's actually Florida law. I only posted parts of the COE but Article 12 covers most of the advertising stuff. Check it out. I don't think it's that hard to be compliant but it is something we need to do.

Ken, Maybe design a company template or header for your agents blogs so they are all uniform and compliant. That wouldn't be too difficult to do.

Hun, I don't think you are paranoid. I think it's a case of just doing it right and getting a handle on it before it does become a problem.

PARTY POOPER! WHAT would Bertha say?

Seriously... WOW this is REALLY somthing to think about.

If I had to wait for my brokers to proof read, hell would freeze over. Not sure they could log on to figure it out. Seriously............

I'll deal with whatever happens, but this would be extremely difficult. I'd rather advocate for Trulia having agents only answer questions if they are licensed in the state they are answering on. To me that is what messes consumers up.

I was just involved in a meeting at the Virginia Association of Realtors about this topic. It obviously is coming to the forefront and it is going to take some "out of the box" thinking to come up with a solution that protects the brokerage and still allows the individual Realtors to express themselves. I've brought some significant violations to the attention of our local board and am basically told to file a complaint if I want any action to be taken. Great so I want to spend my time in hearings when a warning from the association should be forthcoming. The issues will only get worse if that is the attitude that want to take.

It's not only blogs that don't have the required broker identification, many web sites do not either. I see web sites advertising agent's services with no broker identification, let alone REALTOR identification.

Some years ago, I got a e-mail from some compliance officer with the Northern Virginia Assn. of Realtors who, after reviewing my web site, advised me that I was not in compliance with the REALTOR notice because the REALTOR icon was not on every page on my site.

This was back in the time when I was an Exclusive Buyer's Agent and various entities around here were often trying to kill me off.

I demanded a review by counsel to the association, who agreed with me that having the REALTOR logo on the main page was sufficient. I've followed that rule since although I often have in in a dynamic footer which would be visible on every page.

I don't know how a broker could possibly "approve" every blog post. MD law requires that the broker approve agent advertising.

It's a sticky wicket.

Jayne, There is certainly nothing wrong with erring on the side of caution.

Linda, I think most people realize that blogs are our opinions and I don't see anything wrong with voicing them. My biggest concern is that the we are required by our COE to clearly let the public no our status as agents, brokers etc....And our company name needs to be somewhere on our blogs. Not our posts but at least in our side bar.

Monika, It should be interesting. Especially out in blogdom. There are many clear COE violations.

Ntsike, I think AR should just add a field right above the "email me" button where our company info can go. Right now it just has a place for office phone and cell phone. One line for company name would do it. And also fell they should only allow first and last name as displayed on our licenses in the signature filed. Those two simple things would make us all compliant in my opinion.

Mariana, I think the comments section is fine. Read my response right above yours. What if your signature line had your name, as it does, but then had your company's as well?

Sally your site looks fine. At least for the COE. I don't know your State laws.

Yes. I agree with the needed field under our pic. I do not think that our comment signature need sto have it. It would get too long and jumbled.

I can't imagine not wanting to have all the necessary information disclosed. The reason I blog is for people to get to know me, I want them to know what broker I am currently with and that I am in-fact a Realtor who follows prescribed ethical procedures. I want to handle their transactions and by knowing the real me they can make an informed decision. Great post.

Personally whether it be in the Real Estate or in the mortgage business there are sooooo many rules and regulations to be compliant that it is virtually impossible to stay 100% compliant all the time. I also believe that if the regulators, whomever they may be, want to find a compliance violation on somebody they will.

This is especially true in regards to the people who work for you and making sure they are compliant, because I can asure you, no matter how much you instil compliance, they never will be 100% compliant.

In addition to that, I find it extremely hard to believe that NAR or any other organization or State governing office is going to search the web for non-compliance unless it is blatant. None of these orgainzations has the time or the money to search the millions of individual blogs & website floating out in the internet lala land.

Just my 2 cents worth.

Sean Allen
The Mortgage Professionals

This is yet one more reason why I love my new broker. When he sees articles on blogging, he cuts them out, writes little encouraging notes on them and brings them to me. I know that when he sees "blog" he thinks "Sarah", and he likes that. :o)

And props to my previous broker, too -- who told me to write about anything I ever wanted, and even smiled when I pointed the camera at him and said he WAS in my next post. (Brave man!)

When they encourage me, they earn SO MUCH RESPECT.

We have to have our name, designation and company name. They are definitely sticklers about using Realtor Associate ® and Realtor ® and using our legal names with "Sally" in the middle is okay. Content I don't know although Lola's post about that hit it home with me. I just make sure and watch myself as well as ask if I don't know. Thanks.

OK Check out my name under my picture in my side bar. Now I am compliant with the COE and Florida law.

It has my full name as dislayd on my license. My status as a broker. It shows I'm a REALTOR(R). It has my compnay name and my contact numbers. It's all there and I'm good to go. Simple

Very interesting.

I have a vision (nightmare?) in my head of all blog posts being proofed.

Reality, maybe the blog site and then spot checks and a method of receiving non-compliant reports. Much like ad violations are handled. Known fines etc. for getting caught.

I want anyone and everyone to know I am a Realtor ®. Hard to get business as a "secret agent". I put my contact information in all my post but I did realize that my company name wasn't in there. So I have added that one. But on my outside blog I not only put my contact info in each post I have it in the footer of every page. There I also include my license #. My broker said as long as I have my contact information with office # and company name somewhere on my main page that is good enough in NM. I have to say if I have to run every post past my broker I might have to think about going out on my own. Not that I disagree with the concept but I know it would slow my posting down and since some of this is time sensitive waiting 2 weeks could kill the post.

You know I think a Broker could very simply just make sure the company name, licensee name and status are visable and them maybe have a generic disclosure to CYA to make sure folks understand that the blog is the opinion of the author. What do think? Lenn would that work?

Bryant & Brian both make some good points.

If there is a dollar in it.... someone will find something wrong with it.

BB, you left out a big one here. Not only should the agent and company be disclosed, but here the commissioner requires the fair housing logo be at the top of the first page of any web site. This, and my other blog site would be considered my web site also. AR would be slightly mitigated by the fact the logo is here, just on the bottom of the page.

I guess blogging policy needs to be included in the company office policy manual.

No agent bashing
No breach of fiduciary duties
No talk of specific commission structions
etc....

The VP of my office signed up on AR last night...maybe I'll forward this to her and see what she says. :)

Oh Oh OH, Does this new revelation mean that it is now "proper and the legally right" that on our comments we need to have our full name, title and employer with phone number? I am just curious because when i first became a memeber of AR I use to sign all my responses this way but was abruptly told that I was not allowed to do that.... So to be compliant I am now required to disclose all of that?

That is just a thought. I would love a response please.

Sean Allen
Lic. Mortgage Broker
The Mortgage Professionals
yadda yadda yadda

I just dusted off and reposted part my post on NAR looking at blogs...the agenda of that meeting is pretty telling. It should be interesting! I think NAR has to do something.....

Hi BB,

If NAR decides to police the Broker and its agents, we will all be in trouble. The state commissions and NAR do not have the manpower currently needed to enforce these rules and regulations, when they do watch out.......90% of us will be out of business or in the process of a suit. Right now they can't even keep up with all the classified violations, don't get me wrong, the Broker can't keep up either, it still does not make it right. Kind of reminds me of the 55MPH speed limit laws.

Dick Beals

So....gotta put company name twice ... can't AR just adjust so it shows our company name on the blog page?

In any case...changed mine to reflect company name on my blog page.

Celeste "Sally" Cheeseman(RA)

Century 21 Liberty Homes
Mililani, HI

Because there are really no regulators then there will always be the wild west,

BB, I've been thinking about how I am re-inventing myself. When I came here it was as a sole practitioner. I sell business opportunities primarily with some commercial and mortgage work thrown in.

Early in my career I owned an ERA franchise. I've been toying with the idea of being a franchisor.

If I do become a franchisor I will incorporate full-feature and full-service websites into the USP for my brokerage. These websites will include blogs.

There are at least two main issues as I see it: The brokers liability for actions people might take as a result of something written in an agent's weblog and whether or not a weblog is considered "advertising."

Advertising must be pre-approved by the broker under California law and some advertising (mortgage) must be pre-approved by the DRE. All advertising must include the broker's license number. I don't know if AR blogging is advertising or not but my profile includes my CA DRE License number.

Risk Managers will need to address this issue in depth as we go forward. No broker can afford an unlimited liability for "words" expressed by licensees under him. I am sure E&O policies will have to address this as well.

Going forward, blogging is not going to be the wild west like it is now. Order will be necessary for ALL licensees. If they don't like it they either need to open up their own shop or quit real estate all together.

I'm parking here to hear what everybody has to say. Thanks for the opportunity.

Bill Roberts

Well, I guess brokers should just follow their agents around...if we aren't careful we won't be allowed to open our mouths to speak! Seriously...how far can "big brother" go?

You are right.

I just looked at my Blog- the interface most people see, and there is nothing there indicating where I work. I wonder if the other places my brokerage is identified is adequate.

This is something I pointed out to AR a while ago, and I was told, in essence, don't worry, it is in there somewhere.

It seems like the name of the company could easily be placed below the name of the blogger. The info is already in another spot.

I think this is a tough call.. the Broker should be aware of an agent who blogs and should periodically read what they are saying but I don't think I would work for anyone who had to screen eveything I wrote on a daily basis..

I recall someone blogging their code of ethics. First and foremost was protect the license. And if it's your company on the line, the least you could do is train properly and spot check.

BB,
Interesting topic you have here. I don't know what I would do if I were a broker. Glad I'm not right now! With the internet, it's tough to keep up with myself, much less a full office of agents.

I would be suprised if my broker has ever read a blog. Active rain could have a trailer on each blog. We have so many laws now that its hard to enforce many. It does not seem like a high priority in the grand scheme of things but understand that we must have standards. We have 20 million illegals in this country with many using false SS#s and we are going to have brokers police blogs. Its just a matter of time before attorneys start blogging here. Brokers hate opinions of their agents.

Well that brings up a new set of issues and some I had never given thought to. How many Brokers even would take the time to know what an agent was blogging? Not saying they shouldn't be more diligient but I bet it's not high on their horizon right now.

Hum did you use the spray on sunscreen. Well what I thought. I guess my BIC should or could google my name and see what I am doing. I could invite them so they could watch me. Hum I guess they should know? I thought since I was a broker and not an associate or provissional broker that I am resonsible for me actions that are out of wack?

Agreed there are agents and likely brokers who are willy nilly blogging without putting in the "required info" as footers or somewhere on their pages -- and who need a tap on the shoulder to add the appropriate things. But if a broker takes a position that they must read all blog entries before they are posted .... well forget it. We had a broker once who wanted to have us "print" off our website so they could see it.... huh, "print" the website. We are no longer with that firm, need I say more.

BB...you surfing is just too cool! Now what was I supposed to comment on after I rate it a 5?

BB,

Nice Pic...I can't believe this crap...What are we allowed to do anymore. I understand the public needs to be protected, but there has to be a line somewhere. I'm scared to answer my phone anymore. You can't breathe without crossing some line. I just don't know about this business anymore...

As a broker/owner, I would love for my agents to get more involved in blogging...but you better believe I would require them to submit the sites and names they blog on/under, just as I require them to keep their website addresses onfile with me, so I can visit regularly. Right now two of them are pretty inactive on AR, but I support them trying to expand our marketing effort and have even offered to help them get started. This is another argument for only hiring professional agents who act responsibly - if the whole world shouldn't see it...it should not be on a public forum.

I just wish AR would change the profile section some to show the required elements without us having to "abuse" the system - like having to put both names on the same line, etc. I could barely fit my full licensed name on both lines!

Is commenting as an individual on your blog the same thing as advertising as a Realtor®?

My Profile page is an advertisement and properly discloses as such, but this comment is just one guy offering his opinion to another. I'm not offering any services here.

There is a line, and if I could afford it, I would love to test the limit between free speech and the NAR. In the mean time, I guess I need to make sure all of my junk is compliant.

But, let's just assume for a moment that I don't actually issue a call to action. Is it an advertisement?

BB,

We have two issues in CA, one the DRE, Department of Real Estate and two if one is a Realtor, the Realtor Code of Ethics as you have indicated. Like others, I've seen stealth sites all over the place, you're clueless to who you're talking to, yet that's changing in CA. We will soon be required to display every our license # on every form of advertising.

As a broker-owner, I have several agents from my own office here on AR, yet not really active. As for watching over them, one of the biggest violations here is "failure to supervise" when it comes to broker/agent supervision. And no I don't require they submit everything to me in advance, most are very seasoned and it hasn't been an issue. However with a newbie that's a different situation.

As a broker, if I had to proof every blog any of my agents wanted to post, I wouldn't have enough time in the day. As it is, I don't have enough time in the day to do posts of my own. But, I do manage to find time to read the posts here and make comments.

It is certainly going to be interesting to see what happens next month and hopefully NAR's decision will be a beneficial one for all of us.

Both the owner/president and I encourage our agents to blog. A site such as AR is a great way to meet and network with agents across the country and be able to refer business back and forth. It would be a shame to see something like come to an end!

You are very correct in that as Realtors(R), we need to adhere to the COE in everything we do and that includes posting and commenting on blogs.

As the blogosphere is now growing at the rate of hundreds of thousands of NEW entries per day, this promises to get real interesting before things are resolved. I just saw an article in our local press about a major company in our area suing 30 bloggers. The principles involved here are pretty major on both sides of this issue...free speech and legal restrictions which govern our profession.

I am compliant and my agents are all compliant. I have been begging them to blog but no blogging yet so therefore compliant!!

I look forward to watching this debate mature.

I have several sites on line. They are not subject to any over sight by NAR. I do not have to ID my membership in a trade organization in order to express my views. If I want to display IDX, then there are certain requirements. Other than that, NAR is blowing smoke.

BB, you bring up some great points here and definitely things we all need to be mindful of while blogging. I've been using a signature on each of my posts with the sole intent of making myself identifiable if somehow someone out there on the web stumbles across an individual post and isn't able (for whatever reason) to see my identifying banner on the right side. I hadn't thought about it identifying me as a REALTOR and helping me to be in compliance on at least that issue. I'm sure, however, there are probably many things within my blog that could be brought into question if it were deeptly scrutinized. Thanks for the eye-opener. I'll be looking even more carefully and, thanks alot, I'll probably get a lot less sleep for a few days!

Bryant- Is blogging considered advertising? We have blogs here on AR teaching about search terms and keywords and how to use them in your name, like when you see our name at the bottom of a comment. Those are key words that are searched by people in Google and Yahoo. So our hands are being tied now about how we use our blog? And is it not clear enough on AR that we are agents when they click on our profile? On other blog platforms I can see this being an issue if you don't come right out and say you are a Realtor. On my Vflyers on my blog that is disclosed and the bottom of our posts it is disclosed. When I advertise a listing this is disclosed.I want them to know I am an agent and I want them to call me, of course I will make it easy for them to do so. Katerina

BB,

We've been in CE classes all day, not back home until 9pm... and all day tomorrow. the surf dude photo is one of your best... now I'm going to take the time to read it... after a way to late dinner.

best...

What difference is there in blogging than there is in print advertising? Agents advertise in out-of-state publications all the time. I'm sure their brokers don't know about those. And there's absolutely no way that a broker can police every move an agent makes. There has to be some trust. If you don't trust your agents, then get rid of them and get some that you CAN trust. (Not "you" specifically. I think you know what I mean.)

Bryant,

You certainly got discussion going on this topic. I read a similar post, it was probably yours, back in the early Spring and made a lot of changes to my AR profile and my website at that time to become compliant. I'll go back and check again.

We're dealing with two issues here:

1) Inappropriate Content;

2) Proper Disclosure.

Both need some type of broker oversight to ensure compliance with ethical and legal requirements (yeah, I know, we should take responsibility for policing ourselves, but I'm afraid that dog don't hunt . . . just look around).

Inappropriate content I think is likely to be flagged / reported by readers, users, colleagues, consumers, authorities, and other ever watchful eyes. There are those who seem to have plenty of time for this activity.

My question relates to the other, which seemed to be more the focus of the post. Disclosure.

What exactly constitutes "advertising" in the sense that it would trigger the disclosure requirement? I have websites on which I display my listings, and I therefore provide full info on my office, license status, broker name, etc., as required. But, does a blog talking about general real estate, community and personal opinion topics, without any reference to specific properties or promotion of services, fall under Big Brother's watchful eye and need our broker's name as a flash presentation?

(For the record, I do disclose my name and licensure status on my real estate blogs, but think the question is one that is going to be raised and have to be addressed by brokers and licensing bodies.)

I think it's a matter of education. We're educated on fair housing and proper disclosure, etc. and no one is checking us on every conversation or disclosure. I think all we need is the addition of some clear guidelines on what should or shouldn't be written in your real estate blog, plus proper disclosure rules. I think this goes for websites also. I've seen many real estate websites clearly in violation of disclosure laws.

We're licensed and independent contractors for a reason. Proper training is more important than proper policing. A rogue agent can cost a brokerage big bucks in law suits if he/she isn't trained properly (in any area).

It's impossible to watch every agent 24/7 but it isn't impossible to train agents throughly. And out of the entire population of RE agents, I'd love to know the percentage that are actually blogging. I don't think it's much at all. If you look at the 50,000 members here on AR, how many do you think are posting on a regular basis?

I think this is an important topic.

OCT

2007

Broker Bryant -This will definitely be interesting! I have shared much of my writing with my broker, and a few of the latest articles were submitted to our local newspaper at his request. Guess I've got the okay for now. You do raise some interesting points. At this time I'm the only REALTOR in my market who is blogging so it may take a while to trickle down.

Why not just let the consumer decide? They're a lot smarter than the NAR, state licensing cartels, and trade organizations think. They know the difference between a professional and a blowhard.

This is really nothing more than an internet land grab, designed by an organization to protect the privileged few (brokers and banks), so as to confiscate money from the salespeople.

An easy answer? Abolish licensing altogether or eradicate the dual-tiered license structure (like North Carolina did)- Level the playing field so everyone's compliant or not

well - Bryant - I have already had to cross this bridge to some extent - not NAR but my Principal Broker - and although some thought her requests to add a footer showing my title on each advertising post with my title, my company name address and the equal housing logo was crazy - it has put me one step ahead of some here in Oregon - and I will continue to follow her requests so that I can continue to Blog.... that is why my signatures are the way they are and my name appears the way it does... makes moving forward a little easier - great questions

Very thoughtful. I am both a broker associate with Coldwell Banker Residential Broker and Coldwell Banker Commercial NRT and I am broker/owner of Long Island Business Brokerage, Inc. I am in both positions at one time (feeds my schizophrenia).

As an agent, I feel no one is in a position in NAR to interfer with my consitutional right of free speech. I am not conducting real estate business in my blogs...I am communicating with other folks in the same industry.

When I put on my owner hat, I wonder what will I suffer as the result of some GDI agent like myself running off at the mouth? Scary thought.

If I were a broker and had a small office, I would monitor everything myself to make sure all i's are dotted correctly.

If I had a larger office I would hire someone whom I could depend on to do this, along with other duties a busy broker like me would need to hire out. ;-)

But I don't really want to be in charge of a bunch of REALTORS anyway - it's bad enough to have to put up with some of them during a deal, let alone being responsible for them. No thanks!

One day, when I am my own broker, I may have a partner and that's it. No "big office" to manage and be responsible for.

Wow!! Very good responses. OK let me add some thoughts here. First this has nothing o do with free speech. If you are working under a licensing authority and/or belong to a trade organization(NAR) the like it or not you have agreed to abide by certain laws and/or a COE.

The REALTOR(R) COE is very clear on what needs to be on your web sites, advertising etc.. If you are a REALTOR(R) and talking about real estate then the public needs to know who you are and what you are. Personally I don't think it needs to be on your posts or your comments. BUT it certainly needs to be on the face of your blog AND your profile page.

I CHANGED MINE LAST NIGHT. Just look under my picture in the side bar. I am now compliant with NAR and Florida RE laws. That's it! That's all I needed to do. No Big deal at all. The information is now right above my contact button where it is supposed to be.

Fact is f you are a RE Broker in Florida then it is my LEGAL requirement to make sure my agents are compliant. It has nothing to do with them being independent contractors they work under me and I am responsible. My main concern would be that their sites are compliant. A Broker that doesn't check on this, in my opinion, is a fool. I more than likely would have no problem with my agents blogging but I would certainly check in every now and then to make see what they are doing.

Eradicate licensing all together? Well that would certainly keep the criminals out. Don't we already have that issue with Loan Officers? Sorry that argument in my opinion makes no sense.

This post has NOTHING to do with control. It's all about taking some very simple steps to make sure your blogs, websites or whatever are compliant with EXISTING laws and ethics. If we take care of this now it will deflate any potential moves that NAR feels they may have to take. I AM not a fan of rules and regulations. But I am a fan of ethical behaviour.

OK that's it for now. I need to finish my coffee:)

Very interesting....the end of blogging as we know it???

Something to ponder...

Good post though. Thanks for sharing it.

Take care and good luck to you.

I have been wondering about this very thing. Since I don't advertise my listings on my own blog I haven't put my company info on the first page. My broker has read it and doesn't seem to have a problem with it. However, now I'm thinking I need to make RE/MAX more prominent. When do we cross the line from social blogging to "advertising?. Great question!

Jay put up a footer on my outside blog...I think that covers me. We still need to add a fair housing logo though. I'm not worried about content.

Hello Broker Bryant

On advertisements such as listings, I can see where they may have a point. On other subjects where opinions are expressed it becomes a slippery slope. I will park for now, and wait and see what happens!

So the question is a blogsite a website? In my opinion, of course it is. And if that's so then the answer is very simple:

Standard of Practice 12-9

REALTOR^® firm websites shall disclose the firm's name and state(s) of licensure in a reasonable and readily apparent manner.

Websites of REALTORS^® and non-member licensees affiliated with a REALTOR^® firm shall disclose the firm's name and that REALTOR^®'s or non-member licensee's state(s) of licensure in a reasonable and readily apparent manner. (Adopted 1/07)

Are we all on here just blogging for fun? Is getting business your goal? If it is, then no matter what you want to call it, it's advertising. So we can either take care of it now and be compliant or we can wait for others to make that decision for us. Now sure why this is so complicated or confusing.

Folks the fact of the matter is if you are a REALTOR(R) then you have pledged to abide by the COE. If you don't agree with it or think it needs to be changed then join your local board and let your voice be heard. Making your blog compliant doesn't force you to stiffle your voice in anyway. There is NO conspiracy.

While I do not have any unbranded sites, or blogs, I will say, please big brokers clamp down, control your agent, that will be great, it will make it even better for me as those big companies don't do much of anything great, they do things ok to well but not great.

Bryant, This is why I love coming by your blogs, this was a very educational visit for me, thanks!

Bryant - Tell me - does having six toes help with balance on the surf board?

BB - Good points. Brokers have a responsibility to monitor what their agents say and do. We can take this too far. Would we suggest that an agent take the broker with them on any sales presentation, open house, listing appointment, preview...you get the picture. At some point, Brokers need to give some latitude to their agents and have confidence that their agents would not do anything to jeopardize themselves or the company.

Great post BB. I have sent notes to people and written blog posts about it. I find so mnay blogs where I can't tell what company the agent is with. They have no logos, no nothing. Same with advertising on Craigs list. I even sent he HTML needed to embed logos to my entire office to make it easier.

What part of FOLLOWING OUR CODE of ETHICS do these people not understand?

You are right, I just changed mine too.

I put my name and designation in the First Name line, and my brokerage in the Last Name line.

I think is it... maybe... I should probably check it for typos huh? LOL

James, KW does thing pretty well don't they? I've never really heard much negative about them. Do they have rules and regs when it comes to blogging?

Well thank you Lysa. I just make all this crap up:)

Teresa, Yep me too. I see it all the time. It just doesn't make any sense to me.

WooHoo, I actually just went in last night to make mine right. I think we just get caught up in blogging and having fun and forget these things some times. So just make sure we are compliant then we can go around and scam the system with immunity:) OK I cracked myself up with that one.

Bryant, good points. I don't know why an agent would hide who they are on a blog.

Every state has its own laws. NAR is a trade association not a governing body. According to NY state DOS there are only two acceptable titles that must be on business cards. I recently recieved a memo about this.

NYS licensed real estate broker (or associate broker)
NYS licensed real estate salesperson.

Any other titles are in violation of DOS. So all the vice presidents, and managing directors and sales associates at brokerages in NY are in violation of DOS. (95% of them)

Currently I have REALTOR® on my cards. I beleive I can still have REALTOR® on my card but it must say NY State licensed associate broker.

Mitchell, I know they don't have to check all these things but it is certainly best to play it safe. They really are minor details.

Sarah, I like it! I've always just had my name but I like it better now that I've changed it. I think it looks more professional too. At least now when I dress in drag and do a stoopid Friday video I'll look like a pro!!

Okay...you cracked me up too :) !!! I changed mine (above) after I saw yours. I think the thing with this is that we have to enter our company on the line with our last name as well so it shows up under our name. Maybe AR has a solution to transferring the company name over here as well. Now, designation is important too.

I actually kind of like it like this. (don't have to worry....eeek)

good post. many things to think about. I am now going to run through everything I have and make sure it has passed all the realtor check marks!!!

You bring up another good point so now you have me conscience of not adding those things...I better check and see too!

OCT

2007

Hi Bryant,
Your post is a great example of why AR is such a wonderful resource. Discussing the issues that affect all of us and trying to be proactive so as to delay the censure that is probably coming.

Great info! As with many areas of real estate, I think there needs to be more governance over half-ass realtors. This would only help those of us who take our profession seriously.

Hey guys, Thanks for stopping by. I guess this is the "hot" topic of the week. Here's another good discussion going on over at the bloghoundblog.com if you are interested in some different opinions, have a look.

http://www.bloodhoundrealty.com/BloodhoundBlog/?p=2053

Interesting and "sensational".

Oh my...I think the guys have their panties in a big knot Bryant!!! Talk about over reacting a bit. NAR is not going to shut anyone down...or worse yet force us to blog only on one platform...

Come out with compliance guidelines or rules or additions to Article 12...possibly or maybe it will be sent back to subcommittee for further study. Who knows...nothing happens fast with NAR. It sure is getting sensational like you said.

Monika...

Sensationalism is great for driving traffic to a blog. Yes? :)

TLW...ROAR!

LOL...OMG!!! Is it ever! I'm still totally amazed by it all.

I left an even better smart ass remark on your post :)

I love your smart ass remark...I should have thought jock strap!!! Me slow!

Is this the part where I get to say ...

"Fallacious" again? :)

TLW...ROAR!

fallacious means intended to deceive

hmmmmm

OCT

2007

I know...

I had to look that puppy up :)

TLW...ROAR!

I can not imaging having to police blogs from independent contractors. This would be impossible to accomplish. However, having a written policy with regard to electronic communication is an absolute must in today's world. We will see large brokerages attempt to forbid blogging on any platform other than their own. Not only because it will allow them to monitor activity but....the main reason will be to increase company exposure. They want to see agents that are not electronically challenged produce business for those that are. Big companies do want to control more of the market and are creating platforms to do so withing the blogging world. Another reason to make certain what is yours, stays yours. When agents migrate to blog sites that are being created by their own companies, they will find, far too late, that they have made a huge mistake. If you are blogging and working for a franchise....watch what you sign in the coming months and....watch where you blog!

Very good advice Christopher. The reason I became a Broker so quickly is I want to control my own destiny. It was a no brainer for me. Unfortuinately a lot of folks consider this a job instead of a business and are perfectly happy being told what to do and when to do it.

Bryant, Let say you are a restaurant owner and issued an order "All employess have to wash hands after using bathroom", would you use camera to watch them if the do so? I don't think so. What you want is to educate your staff and keep reminding them often that it is important and why it is important. Additionally, before you hired them you possibly checked with their previous employer who they are. If you had any doubts that they might "poison" your clients, hopefully you eliminated the threat before it occurred.

It is all about management. Obviously having guidelines, policies and rules is important, but NEVER EVER, you should attempt to put boundaries on your agents innovation and creativity. Educate them, train them and give them as much freedom as possible.

How rediculous a concept. Blogging may be business - IF IT'S YOUR BLOG but otherwise it no different than having a conversation with someone at the grocery store - do you have to identify yourself as a REALTOR and give out a card with your office affilation there if you get into a discussion about anything real estate related? Nonsense, or as my mother is fond of saying..."poppycock".

OCT

2007

I would have to let my agent blog, I know how important it is! But, as for how to monitor what is said? I think maybe companies are going to have to hire someone and anything close to controversial then would be kicked up the the principle broker.

But, I see you dilemma.

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Bryant Tutas Broker/REALTOR(R) Tutas Towne Realty, Inc

Poinciana, FL

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Bryant Tutas-Tutas Towne Realty, Inc

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