Special offer

The feds are cracking down on agents and builders for deceptive ads

By
Real Estate Agent with Keller Williams Realty Coeur d'Alene AB37665

Consumer bewareI just read an interesting and alarming article in Inman News.  Federal regulators have been sending out warnings to real estate agents, builders and lead generators, stating that their advertising might be deceptive.

They are referring to advertising on websites, direct mail, Facebook and in newspapers.  The questionable ads refer to financing, loan guarantees and interest rates.  It's been a while since I've seen this topic come up so I read through the article to see what was happening.

I have to say, I was dismayed to see that veterans and elderly appear to be a particular target for misleading ads.

Consumers, as always, beware.

The FTC examined 800 ads and found troubling claims that could be misleading to consumers:

 

  • Ads that offered a very low fixed mortgage rate without discussing significant loan terms.
  • Ads containing statements, images, symbols and abbreviations suggesting that an advertiser is affiliated with a government agency.
  • Ads "guaranteeing" approval and offering low monthly payments without discussing "significant conditions" on these offers. 

This is also a very good refresher course for all of us in the industry.  Shame on those who use these deceptive ads to prey on the vulnerable among us.  The rest of us need to make sure we are not violating regulations simply because we don't know any better.

Read the Inman News article and see sample deceptive ads here.

Posted by

Janna Rankin Scharf provides a superior level of real estate service to home buyers and sellers in Coeur d'Alene and Kootenai County, Idaho. Visit www.JannaScharf.com for area information and to search for all homes in the Coeur d'Alene Multiple Listing Service. 

No matter how grand or modest your real estate dreams may be, you can turn to me in confidence.  Give me a call today so I can  be of service to you!

Janna Rankin Scharf AB, GRI, CLHMS, PMN, SFR  208.651.9700

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Michael Diaz Sr CMVLP
Home Xpress Mortgage - Las Vegas, NV
Certiied in NON QM and VA Loans. Loans to 500 fico

Definately need to cleanup and get those that give the lending and agents a bad name out of here.

Nov 26, 2012 05:26 AM
Michael Blue
Home Smart Realty West - Encinitas, CA
REALTOR - 760-889-8877, Encinitas/Carlsbad
@#53 I know of top producers in North San Diego County that use the withdrawal or cancel system to keep their days on market down and use that to their advantage as part of their listing presentation. The marketing gimmick, I will buy your house has been around long time, I just saw new TV ad this last week and the agent guarantees the home sold in like 96 hours with five offers. The market we are in now in San Diego, if the home is priced right all of us, every agent, will have five offers in just days.
Nov 26, 2012 05:52 AM
Rafi Footerman
Mid Jersey Inspections - Edison, NJ
Home Inspector, Mold Inspector, Radon and More!

Right you are.  It doesn't say much about the character of those people.

Nov 26, 2012 06:10 AM
S W
Centerville, KS

Thanks for the heads up, but in my opinion I think its a good action by the Fed. While I am not a huge fan of lots of gov't protection, I do belive that consumers need to be more informed when it comes to purchasing a home and there should be more clarity from those advertising rates. Consumer protection is important!

Nov 26, 2012 06:43 AM
Mitch Muller - Charlotte NC Real Estate
ProStead Realty Charlotte, NC CRS SRES mitch@prostead.com - Charlotte, NC
Certified Residential Specialist

Jannah, I hope they start cracking down on a lot more things, it's about time! I'm with you Michael & Jim (53, 60) how do agents get away with this? Ah, but they do. The thing about it is, I know some of these agents and they couldn't buy the house, even if was discounted by 50%! 

Nov 26, 2012 06:53 AM
Ron Aguilar
Gateway Mortgage Group - Saint George, UT
Mortgage & Real Estate Advisor since 1995

lenders have been regulated about this, now its being expanded. Join the rest of us. 

Nov 26, 2012 07:08 AM
Aneta Ivanova
Urban Nest Realty - Las Vegas, NV
#Your Realtor for Life

Very good article. I recomend every body to share  this article to their curent and fuure clients, even to the public

Nov 26, 2012 08:18 AM
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

About time for some enforcement.  I think there may be some hope that they eventually will get to those deceptive ads placed by many agents advertising 'buyer agent services' when, in fact, they might not be in a position to provide the service at all. If the agent's company lists homes - the ads are deceptive if the ad does not  include a disclaimer.

This is AT LEAST as serious a problem as the deceptive financial claims.

 

 

Nov 26, 2012 09:41 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

It's too bad that these type of practices are still going on. 

Nov 26, 2012 10:30 AM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

The FTC has been cracking down on all forms of deceptive advertising so this is not a surprise for me...especially in real estate where there is huge opportunity to mislead and profit from it

Nov 26, 2012 11:20 AM
Rob Renk
Center Street Lending - McKinney, TX
AE | Fast Fix/Flip Loans for Residential Investors

Who is going to look into the government for misleading us all of these years?

Nov 26, 2012 08:57 PM
Navona Hart
Century 21 Realty @ Home - Farmville, VA
Selling the Best Properties in Central Virginia

I hope they do make an impact on the deceptive ads.  I am so tired of people showing up to my office with these "offers".  Thanks for making all aware!

Nov 26, 2012 09:32 PM
Cory Ure
SecurityNational Mortgage Company | Co. NMLS 3116 - Salt Lake City, UT

Part of the problem here is that only lenders are held to the FTC's guidelines in marketing. Lead generation services and websites (those ads in the right sidebar of your Gmail or Facebook) aren't covered by the FTC's guidelines because they don't actually do loans. I see these ads and shake my head because I know the interest rates they are advertising, in an effort to get consumer's information to sell to loan officers, are not available. I constantly have borrower's ask me: "Is that the best you can do? I saw on Yahoo! that I can get 2.25% on a 30-year fixed loan."

That said, I also am appalled at the tactics of some of my peers in this industry. I get letters at my house for refinancing that are made to look like they come from a government agency. Some of the ones I see targeting veterans are especially sickening.

 

Nov 26, 2012 11:52 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team
Hi Janna, we agree and especially about the elderly being targeted. We hope these fraudsters are all caught!
Nov 27, 2012 02:26 AM
Donna Paul
Keller Williams Realty Gold Coast - Dix Hills, NY
Long Island Home Specialist,All About Real Estate

Thanks for sharing... We have to be careful when dealing with consumers.

Nov 27, 2012 03:38 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Janna:

I have heard the same thing about lead generation companies and of course they are soliciting us.  Not good.

Nov 27, 2012 04:37 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

So many scams large and small. From Barney Madoff to our own government. 

Nov 27, 2012 01:20 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Good thing I do not do that kind of stuff.  Probably a good thing to crack down on.  Now I wish they would crack down on stale or phantom listings on National Real Estate Search sites.

Nov 28, 2012 02:44 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

There is no place for deceptive advertising in our business. Or any business for that matter. Financial terms should always be crystal clear.

Dec 12, 2012 12:54 PM
MaryBeth Mills Muldowney
TradeWinds Realty Group LLC - Braintree, MA
Massachusetts Broker Owner

I think there really is no sheriff in town when I look at some of the advertisements on the internet or lately even in newspapers!  

Oct 12, 2015 03:44 AM