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Is your ActiveRain blog in violation of the Realtor Code of Ethics?

violation photo by hawaii ...Mine is, but it won't be by the time you read this.

I attended Professional Standards/Code of Ethics Training this week provided by the Michigan Association of Realtors. Our trainer, Bruce Aydt, went over changes in the COE, and this is one that actually was put in January of 2007, yet is not at all well known.

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)

Blogs are, of course, websites. Your ActiveRain blog does suggest a market that you work in, but, in my opinion, it does not comply with this COE unless you specifically put something on it that says the state of licensure and firm's name.

I will be adding these items to my sidebar now. miOaklandCounty.com is already compliant. How about your blog?

Photo provided by Hawaii

Thanks to Lisa Rapose for reminding me to include the second have of this SOP.

Posted by Maureen Francis & Dmitry Koublitsky, SKBK Sotheby's - Metro Detroit on 02/10/2008 09:54 PM

Comments (199)

featured post, mioaklandcountycom

Originally posted at: Dmitry & Maureen: Moving Metro Detroit: Is your ActiveRain blog in violation of the Realtor Code of Ethics?

Post is included in group: ETHICS and the REALTOR
Post is included in group: Michigan Real Estate

199 Comments on Is your ActiveRain blog in violation of the Realtor Code of Ethics?

FEB

2008

Maureen, I just got an email from Greg McCullum, Attorney at MAR on this. I'll email it to you when I get home, it's on my desktop and I am at a conference. He said there is no clear defination in Michigan about "readily apparent". Did your guy say something different? What did he define as readily apparant?

Maureen: I am in compliance!

Matt Grohe is licensed in Iowa. Each office independently owned and operated. Matt Grohe is a real estate agent, not a home inspector, accountant, attorney or appraiser. This post is believed to be accurate but should not be relied upon without verification and should not be a substitute for any independent interpretation the reader my obtain. Past performance is no guarantee of future results. For questions about disclaimers please seek independent legal advice from the counsel of your choice. If swallowed,please induce vomiting immediately. All rights reserved.

PS That is copyrighted material you have posted from the COE

Form No. 166-288 (12/07)"*source realtor.org Code of Ethics and Standards of Practice

Missy, I suppose readily apparent could be interpreted differently, but Bruce did not really go into too much detail on that topic. Since I did not have it at all, I guess adding it to the sidebar is not going to hurt. Obviously it is not being enforced yet.

Matt, i love your disclosure!

Maureen - this really IS important stuff and will become more so in the future as we see more regulation around blogging. I think I am in compliance but I sure am going to check.

Jeff

Maureen,

Bruce is awesome and knows his stuff. He is my favorite Code of Ethics trainer.

As long as your brokerage and state is mentioned you should be just fine. I have mine in the about me section as well as on the bottom of my outside blog.

The intent was so when someone lands on your site they know what state you're in and that you are a licensed real estate agent working for a specific brokerage firm.

Monika, I KNEW you would be on top of this. Bruce is great. Last time I heard him it was on a video our association had made for the newest members of the Grievance Committee (like me). I liked him a lot and was glad to get to go to his course this time.

Jeff, I am not sure why we haven't heard more about this before. NAR needs a blogger on ActiveRain!

These rules also apply to any of the profiles we set up on other social networks like LinkedIN, Plaxo, Naymz, Real Estate World, etc.

Elaine, Yes they do.

Matt, I have quoted a part of the COE, and referred to the source. I am not in violation of copyright for that, if that is what you are implying. If you were stating my source, thank you.

Thanks for the tip!

Always good to stay up on all the new tweaks needed. Thanks for the post.

WOW, thanks for the info. I think I'm compliant, however, I'm going to check as well!

Amazing - when I told of my principal broker making me do this - everyone thought I was crazy - nice to see that there is some one else paying attention - thanks for sharing

Thanks for the info, you would be surprised how many violations there are in blogs & web sites, they are starting to come down on them in New Jersey.

With all the violations on Craigslit, I can't believe NAR would be interested in flagging Active Rain members, with clear links to bios listing Broker affiliation.

Wow, I just love it when I pay for people to harass me...

Is this why dues keep going up?

Thanks for the reminder. We must all be more aware in this day and age. I always insert my WA RE License number in my CraigsList ads so with your info I went ahead and added it to my blog and my profile - thanks again!

Sandra,

WIPING MY BROW!!! I'm compliant...

Colleen,

How about it...Craigs list is a disaster! I do get calls though when I list on there...It's terrible though on there when you look at some of the posts... I agree!

Maureen -

Unsure of exact Michigan Law, but I would expect we would be compliant, since firm information is in framed part of site. I'm OK here in Illinois, I would believe.

However, if anyone wants to make a case of this - we'll have to duke it out. But I think we Realtors would win, most places.

DEAN & DEAN'S TEAM CHICAGO

I am amazed by how many agents have stealth websites that do not even put their name.

Yep, I'm compliant...my website and blog include company name and address, but I do see lots of Agent sites and blogs without this info, like Randy and others mentioned.

We don't have any stealth sites, but want to;-). Our outside blog has a brokers name on it. Here it doesn't. But your are right, it should.

Oops.

Thanks much

Vicki,

I sent you an email a while ago...how are you.?.. sorry Maureen...had to ask...

My compliance post On my A/R blog, all of the info is right there by my name. But, on my Wordpress blog, I wanted something that was obvious, but less obtrusive. I had the same thought for my website. So, I whipped up this little sign. I believe it meets all of the requirements.

I only included the links so that anyone interested would be able to see how I incorporated them into the site.

This image also has my C21 requirements and the EHO compliant logo.

Maureen:

Chorus:

I was only joking my dear
Looking for a way to hide my fear
What kind of fool was I
I could never win*

Rod Stewart, I Was Only Joking Lyrics

I will win, and I will sell and list...it's my passion...My friend is Billy Clements who wrote Suzie Q years ago. Had dinner with him tonight. Maybe there's a new song...

Thats an interesting point that I haven't considered..

FEB

2008

After BB wrote a post months ago I changed mine so even in the comment section my company etc. appear after my name. It shows up on the sidebar twice but hey...I'm in compliance...same for the outside blog...got it all over the place.

Do you mean something like this Maureen?

Having a privacy policy and terms of use is not a bad idea either.

People seem to like it when you tell them in advance what you will and will not do with any information they may furnish you, i.e.:

" Any data supplied to this site will NEVER be provided to any third parties without your express prior knowledge and consent.

No one under 13 years of age should disclose any information on this site."

Realty Executives Associates
Jim Lee
10255 Kingston Pike
Knoxville, TN 37922
Tennessee licensed Affiliate Broker # 206956

Privacy Policy and Terms of Use

Ah ha, this is a very good alert for everyone here, smart thinking and good post. It also makes sense for the consumer, to be fair. It also separates out those who are ethically challenged and trying to hide something. Good of you to bring this up, I bet quite a few folks never even considered it. Lance

Actually, your wrong.

Re-read your post -

"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."

Your blog is not a firm's website, it is your own web log platform which you can post about whatever you want and not limited to real estate.

What you are referring to in the COE is your firm or your agency's website. Not your blog.

Lance - "It also separates out those who are ethically challenged and trying to hide something." I am sorry, but this is the stupidest thing I have heard all week. So, you are saying all the agents or brokers out in the world who forgot to add the names and state of licensure are hiding something & ethically challenged? Get your head out of your ass!

Great post thinking about my people getting the credit all the time. Thanks for the heads up.

Maureen, thank you for bringing this up. I didn't know if the COE would differentiate between websites and blogs, but to be safe from the first day I've had my information about the brokerage firm I am with and the state on the sidebar. Timely subject!

In Maryland agency affiliation must be in ALL advertising to include the office phone number. There are so many web site violations to the COE it is not even funny. Also the craigslist posts by REALTORS not disclosing they are agents is out of control.

I had changes mine a while back for those reasons.

Maureen, great post. Good for those who forget to watch the rules of the road.

Joseph... You need to read Article 12-9 in its entirety:

• 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)

Wow ! Thanks for the heads up. Off to check all my sites and make sure I am in compliance.

Joseph,

Article 12 covers electronic media...Is a blog a website? Is it electroinic media? NAR thinks so. It is not hard to be in complinace.

That is good to know. It seems like there are more rules about broker disclosure than ever before and I'm personally happy about it.

I use an email signature.I should be ok. Why would you not identify who you are.

Hi Maureen-not only is our blogs...similiar to a website...but it's advertising...we need to be in compliance...I have been working on all of my online stuff to get it there. The rules are not that tough...

Great info. I thank you for taking your time to post this valuable info. I hope all others can use this to their advantage.

Thanks again,

Adam

http://www.adamaffleck.com/

http://www.atlanticrealtysolutions.com/

Maureen, Perhaps I've been reading this incorrectly for the past year.

...state(s) of licensure... is in small letters. I thought state in this instance was Realtor(R) not Michigan

On another note, Realcomp recently included this in one of their weekly emails. I assume it means someone will finally be cracking down on anonymous agents on Craigslist.

Maureen- This is a very important topic the blog should be treated just like our other website.

Nice heads up. In Arizona, our Dept of RE has further said that company name must be on the screen without having to scroll down the page. And, as for the question about email: an email to a client is considered advertising and need that proper identification as well. Good reason to use a prefromatted signature file with all the important stuff!
Hugs and Smiles,

Hi Maureen - great info to make everyone aware of. I always enjoy attending courses where Bruce is the instructor - he is awesome!

A blog IS a website - it's just not a static website, like what we mostly think of as websites perse. And BOTH are considered advertising.

In addition to what the NAR Code of Ethics says, you might also check your state laws regarding disclosing your license status, firm name, contact info, etc. For those who complain about NAR clamping down, start in your own state and see how they regulate your license. Some states are more stringent than others, and most assuredly most of those 'stealth sites' we all know are out there likely woudn't be acceptable by your state laws.....

Ann

In Maryland, we're also required to provide our OFFICE phone number. Ann is right - check with your own state, and make sure you comply.

Here's one for you..

I know of a licensee in Wisconsin who has a real estate company website which does not provide a company name. The broker who owns the company does not provide their own name either. There is no address, no phone number, no state of licensure, nothing other than listings, prices and photos, plus some community gab.

The site is registered under the broker's daughter's name. Ironically, the broker is a well-known attorney.

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.

1. The ActiveRain website is not a REALTOR firm website.

Content posted to the ActiveRain website does not violate the Code of Ethics. ActiveRain is not affiliated with any particular real estate brokerage.

Christian, I just added the second half of the SOP, thanks to Lisa Rapose.

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)

This statement does not change anything. (1) ActiveRain is not a Realtor website, (2) ActiveRain is not a non-member licensee.

Moreover, having a reference to your brokerage on your profile page is more than sufficient in regards to complying with the COE. This is reasonable and is readily apparent because of the hyperlink to your profile that appears on every blog post.

My outside blog and website are compliant but I had not even thought about my AR blog. Thanks for bringing it to my attention.

Excuse me, but has anyone checked with NAR in Chicago about their original intent in writing this COE standard? The opinions of state and local boards are important also. But the word on the street is that NAR is taking an increased interest in this issue and they are cracking down. It would be interesting to have Bob Stewart comment on this, since the AR powers that be take a serious interest in doing things legally and correctly.

I read comments by some people above who appear to be giving a legal interpretation of this Standard of Practice. I believe that is outside our area of expertise, unless the commenter is an attorney.

The Wisconsin attorney who teaches Legal Updates (CE) for the WRA lectured us just a couple months ago about this. His interpretation is that any site on the Internet which markets a company (or individual) practice of real estate brokerage and sales, or displays an agent's (or company's) listings, is a "Realtor website".

The same attorney cautioned us about "community" sites which are actually created to drive visitors to an agent or company site. He told the class that NAR is examining these and cracking down on what they perceive as violations.

True, ActiveRain is not affiliated with any particular brokerage. However, within ActiveRain are member Blogs, each with their own URL and web presence. I have a tough time believing that maintaining a blog under AR automatically shields the member's content from COE rules and regulations. And you can write "about whatever you want" whether it's "not limited to real estate" or otherwise on a website too, but when I read Standard 12-9 of the COE, I don't see that listed as an exclusion to the rule.

Maureen, if this is true, then your blog post is not compliant. Above, I don't see this information on your blog posting. You might want to fix it before NAR swings it's heavy hand of compliance on you.

Joseph, all of that information is in my blog settings which are immediately to the right of the post and attached to every post I make on ActiveRain.

I think that further clarification is necessary to make sure we all know what NAR is looking for. Perhaps, NAR can give us further clarification and guidelines so that we can comply.

Eric,

Bruce Aydt, the trainer I heard, is on the COE committee at NAR and has been for a long time. Their intent was to make sure that we are representing ourselves truthfully to the public. These rules would apply to real estate related sites and blogs we maintain, not personal blogs about our pets or children...

It is easy to see how it can get confusing. I just went thru the Sunday paper and 75 percent of the ads do not state they are a real estate agent. The agents are hoping to hook a buyer and pretend to be selling a home as a FSBO. How interesting what we consider important .

Lorraine

The Realtor designation instills confidence in consumers. Realtors have a code of ethics that they must follow to be worthy of such a designation. This code of ethics helps to assure consumers that they are dealing with responsible, ethical professionals.

Among other things, NAR's code of ethics dictates that we, as Realtors, are always disclosing to potential clients/customers (consumers) "WHO WE ARE". Marketing is one area that we must, as Realtors, make certain that we are identifying "WHO WE ARE".

A Realtor's blog is a form of marketing. Whether or not that blog is "hosted" by Active Rain or Bogs R Us is really irrelevant.

* The blog is most often used by the Realtor to discuss real estate, provide information/discussion pertaining to real estate, publicly advertise/indicate/establish the Realtor's authority or professional opinion(s) pertaining to real estate, and just flat-out GET BUSINESS...(i.e., marketing the Realtor). - That's why we do it in the first place!

* The blog can be and is found by consumers via search engines. - Oh yeah...the higher the results the better!

* The blog is quite often linked or advertised, in some way, by said Realtor, so that it can be found by consumers. - There's an idea! ;o)

The blog, therefore, should appropriately identify the Realtor to consumers (potential clients/customers).

As there appear to be those who don't understand, perhaps NAR will need to amend the language of the article to assure full understanding and compliance. (?)

BTW, If everyone makes sure to have this information completed in their profiles on AR, the information will automatically appear on their blog page.

Hi Maureen, thank you very much for this information. Very important. Good looking out.

Lisa - good for you for spelling it out that way.

I don't understand why some continue to fight what the Code says and what their own state laws say. They are what they are - choose to adhere to them or not. If you got caught not adhering to state laws and the Code (if you're a REALTOR), then shame on you because you've had ample notice through various training and reading materials, as well as reading your own state laws.

It's a very simple thing to make sure your contact info contains the correct information, and is on your sites, etc.. It's for consumers folks - consumers need to know who we are and what we are - on ALL advertising, no matter where it is!

Jeez......
Ann

I'll go back over mine and make sure they comply!

As others in Maryland have made it clear, any advertising must specifically state your brokerage and an office number, not just your cell phone. Many are not in compliance with this.

Hi Maureen,

Thanks for the reminder and I love the lively discussion, I'm pretty much in agreement with Eric. And like Randy commented, many have created stealth sites for a reason.

Hey I got it right by accident. Check out my title.

P.S. Article Swap. The wave of the future?

For those of you who are 'speaking on Realtors® behalf regarding our code of ethics.....and not even practicing REAL estate then it's no wonder there is no concern. As all of the other Realtors® who are wanting to just be in compliance....well, I sure believe these are the ones who'd rather be safe than sorry...don't cut corners in transactions as well as their advertising and blogging and ....we sleep well at night...don't we?

Ann, I don't think anyone here is fighting the COE. There are some just pointing out that blogs don't need to have certain information. It's not because they are trying to be sneaky or trying to get over on someone. If what you say is true, then every comment you post needs to have the same information you speak of. So, maybe you need to change your signature to reflect your company's name, phone number, state of licensure, and license number.

Sally, you are saying if your blog didn't contain a small piece of information that you wouldn't be able to sleep at night? Then maybe you need to see a psychiatrist.

I am not saying that the public shouldnt be notified on who we are, but cmon, get real. Of course we want to let the consumer know who we are, where we work, and the area we service. I just find it funny how people can turn this mole hill into a mountain. Probably the same agents who get bent out of shape over the littlest things in a transaction.

PS. My websites AND blogs are in full complaince with standards required and do not violate the Code of Ethics set forth by NAR, PAR, and BCAR.

I think if you are on any site, and answer anything to do with real estate, or post a listing anywhere, or associate yourself with other real estate professionals, you should identify yourself and that is the intent of the code... It isn't rocket science.

Why wouldn't you?

Why wouldn't you? Are you too lazy to type a couple extra words..... agent, Company? Or using Craigslist, why wouldn't you? The consumer knows you're an agent the moment they call and will call anyways if you write an ad with a trigger to it.

Where has common sense gone?

Sandra, it is not about common sense. Of course agents want to identify themselves. The topic in question is about a measly tidbit of information...should it be in the blog or not? I don't think it is a question of identification at all. If what you say is true, then why doesn't your comment on this blog have your agency's name, phone number, state of licensure, and license number? If you want to be all about being on the Up & up", then show it. I don't see anywhere in your comment where it says what state your licensed in!

Funny how this rather simple post is such a hot button with a few people.

While we are talking about the COE guidelines, the ActiveRain guidelines deserve a mention here. The AR guidelines prohibit insulting comments and name-calling.

There is no need for a commenter to get insulting with either the individual who posted this, or with other commenters. Isn't it contrary to the AR guidelines to write that another commenter needs to "see a psychiatrist"? Referring to someone else's comment as "the stupidest thing I've heard all week" or telling that commenter to remove his head from his rear end (I paraphrased that) is neither necessary nor appropriate. Be passionate about your opinions, by all means, but how about a little civility?

That's because I can't figure out how to get an automatic signature to work. But if someone clicks on my name, they go straight to all of that info. I think yours is pretty clear. Was mostly referring to agents who don't identify themselves on Craigslist and classified ads AND their blog here on AR.

Do you know how to get a signature to work on the comment section?

You are the devil's advocate here today aren't you Mr. Grabowski. ;) For some reason, when I see your name it reminds me of The Big Lebowski...

Joseph, could you please refrain from personal attacks here? Comments like "Get your head out of your ass!" and "Then maybe you need to see a psychiatrist" are not productively arguing an idea, but attacks on individuals. I imagine I am next for suggesting this to you.

Also, the difference between a blog, a post and a comment is enormous. A comment is typically not a form of advertising one's services (though it could be.) And comments here link back to the agent's profile, where the data is displayed.

Thanks for the reminder. I just updated my blog also. I also heard in PA you have to have your license number or ads that you place on Craigs ist, etc.

Sandra,

I really don't think the COE implies that you need a signature with that data in your comments on blogs. Especially if you are linking back to a complying profile. Also, most bloggers out there in the real world look at email signatures as spam.

Thanks for this information. I read that somewhere in the last couple of days. I have been reading exorbitant amounts of stuff lately. From fiction to real estate to the newspaper, I have been there done that.

I don't believe so either, since comments are a thread off of a post, which should have the info, but I like how some people have their handwritten signature. I would love to have my website link in handwriting. That would be cool and hopefully not too spammy.

I think Joe is having a bad day.

My blog is a website set up to allow comments pure and simple. This is not a molehill into a mountain situation; it's an attempt by a member of AR to help keep people in compliance. BTW after reading this blog I went out into the ethernet and found several blogs with no reference at all to who they really are and what area they serve. I was curious....and no I did not find a site that involved an AR member.

If this post helps remind everyone that it's a new year and they should re-read their codes and their state regs it's done it's job. Name calling has no place here...people can't seem to remember that!

Eric - Read the comments I was replying to. And yes, some people need to get their heads out of their a**.

Sandra - I don't mean to play devil's advocate. But some of the stuff suggested on here is plain ridiculous. I don't think your signature needs all that info, nor do I think every little piece of info on the internet needs all your information on it. Just your firm's website and your own real estate website.

Maureen - Anyone who can't sleep at night due to something so ridiculous should seek professional help. If it is mandatory for a blog post or comment to have such VITAL info, then maybe signatures should as well. It sounds stupid doesn't it. That is the point. Where is the line drawn? If your firm's website, and your personal real estate website, and any ADS for listings comply with your local board's standard's, you will be fine. Do agents need to worry about if a comment they left on a blog somewhere contains every little piece of info required by a firm or agents website? I think not.

Some here must think I am saying, "go ahead, remove your licensing info from your material." As if agents should try to be sneaky about something. That's not what I am saying at all. I don't condone violating any code of ethics set by your local board of REALTORS.

I interpret my Active Rain blog as my profile being "the website" and the individual blogs are an extension of the profile. I have my broker's name in my profile and therefore it's readily available for all to see. I do not see the need to put it on every blog post.

Carole, I did not call anyone a name. I merely suggest someone "take their head out of there a**", and that someone else should "seek professional help. These are only opinions. And since everyone on here is so analytical about what everyone else says, I would think members know the difference between name calling and my own opinion. Right?

Joseph, I did not notice your psychology credentials on your website. They must be on your professional psychology site. Your ability to diagnose via one sentence is amazing and I am sure it serves your patients well.

Sandra - I am having a great day actually. Just because I may not a "follower" of the general consensus, does not mean I am having a bad day.

Donna - Your right. You shouldn't have to have it on every blog post.

Maureen - I was looking for your law practice credentials, but I was unable to locate those either.

It's gettin dangerous in here...

It's gettin dangerous in here!

Me thinks I'm jumping out.

Maureen - On your website, http://www.oakland-county-homes.com/, I was not able to locate your license number?

Joseph, where have I possibly pretended to practice law? The code of ethics is not law, it is just an ethical code that governs its members, Realtors. As voluntary members of the NAR, we chose to adhere to it. I have not said anything anywhere in this post about state licensing laws governing Realtors.

I also don't see anything in the COE that says I have to have my number on the site. Where did you find that? Your citation will help me and others undertand.

Maureen - I never stated that the COE requires your license number on your website. And I never suggested any medication for anyone to take either.

So why would I need my license number on my web site? I was talking about the COE in this post.

You said that someone should seek professional help. All I am asking is that you keep your opinions to the issues and not direct them to comment personally about the other posters. Talk about their ideas not their state of mind.

When I saw your Twitter this AM I read it on your other blog and looked at my sites to see how they looked. I felt like they were in compliance with Ohio law and the COE but on both my WordPress blog and ActiveRain it was not in the side bar but was on the profile page (home page on my WordPress blog) so I put it on the sidebar on the WP blog... not sure why I did not feel like I have to put it on the sidebar on ActiveRain, but I feel like our AR profiles are prominently displayed. My home page on my WP blog not so much.

We don't have to display our license numbers in our state either.

Breathe deep folks....

I've always assumed this to be true. All my advertising...or any sort...blog or not...has my brokerage's name on it as well as where I can be found. It's no big deal.

Straight from NAR about the Licensee...

A licensee advertising or marketing real estate brokerage services on a site on the Internet must include on the firm's home page or on a clearly identified link appearing on that page, the following data:

the licensee's name;
the name of the firm with which the licensee is affiliated as that firm name is registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted;
the city and state/province in which the licensee's office is located; and
the regulatory jurisdiction(s) in which the licensee holds a real estate broker or salesperson license.

As it pertains to email...

A licensee using Internet electronic communications, such as e-mail, e-mail discussion groups, and bulletin boards, for advertising or marketing purposes, must include on the first or last page of all communications the following data:

the licensee's name;
the name of the firm with which the licensee is affiliated as that firm name is registered with (name of real estate regulatory body, commission, board etc.) or the d/b/a (doing business as) name it has registered with the appropriate state/province agency, commonly recognized abbreviations are permitted;
the city and state/province in which the licensee's office is located; and
the regulatory jurisdiction(s) in which the licensee holds a real estate broker or salesperson license.

This rule shall not apply to communications between a licensee and a member of the public provided that: (i) the member of the public has sent a communication to the licensee; and (ii) that the licensee's initial communication contained the information required above.

I would suggest if you need further interpretation that you see your Broker for clarification. All this Bar stool advice won't buy you a cup of coffee.

Maureen - I never said your license number was required on your site. Some states may require it, not sure about yours.

Just because I suggested someone seek professional help, does this mean I am a psychiatrist or have a degree in psychology? No. Just like someone says, "seek legal counsel". Does it mean they should be a lawyer to suggest they seek legal counsel?

This topic is dull and boring. I think it is safe to say consult your local board of REALTORS for guidelines regarding agent's websites.

Thanks for this blog. I also attended a class this weekend and didn't learn anything about this. We were too busy doing break-outs. I see the need now for states identification on internet advertising. I wonder where the Activerain members are from and appreciate finding the state easily. We used to think the name of a town was enough.....not anymore!

Funny how some people imply things then deny them...

in any event, it is my legal opinion (yes, Joe, I am an attorney) that the COE complies with state law, and does not trump it, however, no license numbers need appear on websites in either case, and in one case I am aware of, the ruling stated that the law applied to advertisements, websites, and emails... and that for it to apply on a website it must be one that is "operated" by the firm... of course, AR is not a site that we as agents or brokers operate... we just use it... never the less, as Bob indicated above, the below is all that is required, and it would be my advice to include it on all sites where the agent or broker is actively promoting their firm or themselves.

I would take more time and "get into it" with some of these comments, but alas, I have more important things to do right now...

Maureen: I am so glad to see you post with patience like none I have seen... and certainly none that I possess... CONGRATULATIONS

...Maureen has handled this rather well...

Some tequila would be good right now no? looking for the bar stool Bob C mentioned lol

OK, if I'm commenting on someone's post there is an embedded link in my signature, voila, when someone clicks they find out I am a realtor in Ohio. Thank you again for the reminder that every year I should check my state regs and review the COE and make sure t here are no changes. Maureen I agree with Paul you have the patience of a saint.

OOPs, good to know, thanks and give us more updates.

...five hours later, I wonder if anyone has figured out how to convert their Blog Comment Points to actual revenue.

On a more serious note, this blog is questionable and the commentary and bickering expose interesting personality characteristics about Maureen and others. Maureen, I might suggest that you delete this blog post from your ActiveRain blog. If I was looking for an agent, I would find some things here disturbing and question whether I would want to hire an agent that is on the web blogging for hours rather than focused on selling my home. This is only an opinion. Take it or leave it.

Blog Comment Points != $$$

I was going to leave a comment here this morning when I first read this but got called away. It certainly seems to be going in a different direction. I'm proud of what I do and want the public to know.

Maureen, you did a great job of bringing this to each agent's attention and handled yourself in a very professional manner. I applaud you.

I have often wondered when visiting other blogs and web sites why any agent would not want to be notified. Sometimes, there is no clue as to the State much less the City, no phone number or just an office number and you have to hunt to find how to email them.

Makes one wonder... the agent that has provided full transparency will gain in the end.

I am really glad that I am a Home Stager and not a Realtor because - ................. reasons too numerous to mention.

Chistian - my goodness that was quite an unnecessary comment. I give Maureen kudos for bringing this to our attention. Clearly it was needed, in looking through the comments at all the appreciative members who thanked her.

For others - just for clarification, your local board of REALTORS or local associaton has nothing to do with members' websites, blogs, etc. Your state licensing laws deal with that and our NAR Code of Ethics does. For clear concise correct information, go straight to the horse's mouth, instead of 'bar stool' stuff, as Monsieur Carney called it. ;-)

Bob - thanks for that clarification from NAR. That should clear up any confusion for those that were confused or insisted Maureen's information was wrong. Seems pretty clear and simple to me.....

And speaking of bar stools, I'd like to pull one up about now and enjoy a frosty beer with Carole while she enjoys tequila with Maureen. Anyone else want a stool???

THANK YOU MAUREEN FOR TRYING TO HELP US ALL WITH THIS POST!!
Ann

Ann - Wrong. Actually your local board of REALTORS also has a Code of Ethics, and states what is required pertaining to agent's websites.

So many misinformed people here.

Last I checked this was a site on the internet...

Where's my bar stool?

Maureen...Thanks for the reminder. It has been a requirement on our Web sites so I am in compliance there but will check my blog to make sure I have all the information there also.

Thanks much.

Kathleen

Bob, you're over here between Ann and me. :o)

Very good post, Maureen. As if you needed me to say it.

It's sad and unfortunate that the basis of this post was lost in the shuffle. It goes without saying that a public post is a public post that anyone can read and everyone needs to throttle back.

::sitting on the barstool beside Carney::

Ha! another capu-assu graphic. Heaven sent.

Wow! I feature an article and look what happens! Such is the beauty of conversational blogging.

Just a couple of casual observations...

Joseph: As with all members and non-members, your opinons and views are welcomed here. As per our Community Guidelines, we do demand a measure of mutual respect and civility. In several of your comments you've walked precariously close to/over the line. You can make your point without shoving it in and twisting it.

Christian: Consumers can handle this kind of discussion, especially when it involves topics of this nature.

Maureen: We need more discussions like this. With over 100 comments and more, it's clearly an area that needs greater scrutiny and consideration. Thanks for bringing it to the network!

Can I just add.......

If you don't agree with something someone has written...........do not leave disparaging remarks about the author or the people that don't share your opinion!! This type of behavior will not be tolerated here......so KNOCK IT OFF!!! You are free to have a dissenting opinion, it's what makes these discussions great..........but act like a professional!

I am quite confident that Maureen's post has in it "in my opinion". Someone (I believe it was Bob Carney) made a great suggestion. If you don't agree with Maureen, check with your broker. I would say it is better to be safe then sorry. We are obviously in a relatively new environment here and the idea that anyone KNOWS exactly what the NAR stance on these issues is is laughable. All we are doing is looking at the code and making our own interpretations. Erring on the side of caution is something that as a licensed agent you should always be doing.

Wouldn't it be nice if NAR had someone in here giving us guidance? :-)

I sent an email to Bruce Aydt, the trainer I mentioned. He is on the COE committee at NAR. I am hopeful that he will jump in and offer his thoughts.

Bob Stewart just added.......

---

Bravo Bob... seems that as is usual with many discussions, a person who cant win the argument by logic and fact then moves on to the ad hominem attack... useless, inappropriate, and reflecting more on the person sayiing it than on the target...

Still, a great post and great discussion, even if you have to filter out some of the noise...

This is what I was talking about on the weenie this morning. I wrote a post about it here a long time ago. My profile has the logo on it, I did the best I could. thanks for posting this. I see that not everyone agrees with you but that is OK. As I wrote on the weenie this morning there are companies out there just looking for an excuse to shut agent blogs down or make it so we have to blog on their sites. Most real estate blogs are not compliant

O' wise one Bob said what I was thinking as I read this "Erring on the side of caution is something that as a licensed agent you should always be doing." I thought I had all this covered, but I needed to beef it up a little bit, so I did - both here and on my wordpress. Thank you, thank you for the reminder. I would rather be cautious than have code violation!

Maureen- as for exposing your personality characteristics- I wouldn't delete a thing. You handled yourself amazingly well. You clearly have much more patience than I would have had. THANK YOU!!! Can anyone make room and share their stool with me??

You made me take a look at my blog and it appears to be in compliance. Thanks for pointing out the rules.

Thanks Bob and Rich and all who like to keep the conversation going without those remarks. I took a deep breath (lil bro) in order to comment back .....and all I can say is that my opinion is my own....and I don't have to worry about anything other than doing everything the right way. This isn't about who's right or wrong and I definitely would not want to work with someone with an attitude of calling names. Wow...is all I can say. And thanks Maureen and the others...for contributing to a worthwhile discussion and contemplation on a topic that may just be important to everyone in the real estate industry. :)

Joseph - unless your Board decided to create their own Code of Ethics, the one that we ALL agree to adhere to when we become members of our local boards of REALTORS, state association of REALTORS, and the National Associatoin of REALTORS, is THE Code of Ethics as established by NAR.

Here is a link to it as found on REALTOR.org. I am not misinformed.

Maureen - Bruce will undoubtedly send you a reply. I would think he'd reiterate what Bob (Carney) wrote in his comment. Monika McGillicuddy is also on that committee as well.

Ginger - I'll share my stool with you! Here, slide right up! Pass the popcorn, Sarah!

Ann

Did "The" Bob Stewart mention my name? I'm book marking this one.

haha!!

Common sense ranks high in my book Bob :-)

If you think you could use a little Boing Fwip on account of this post, click here: *Boing Fwip!*

(Maureen, delete me if you wanna!!)

"Bob Carney"

Well, has anyone asked Lenn her opinion on this? I'll shoot her an email...she usually can straighten us out.

AND, I want my name, office, and phone number on everything I do when it is related to Real Estate, after all, that's how I get some of my customers. What's the big deal and what's the big secret...

Not wanting to put your name, office name, etc just makes no sense to me.

Thanks Maureen...great post...strong spine...Is there room across from Bob C. for another bar stool???

Bob, don't go looking for the NAR to come in here... they'll ruin faster than the peeps over at HV... Seriously. The last thing we need to is have the NAR check off on every post... and I think eventually they would want. and I have said some less than nice things about them.

Maureen - Thanks for bringing the revision to our attention. It's great to have so many stellar resources in the Rain or just a connection away. I'd like to get an order of chicken fingers, please, while I go through and check my sites.

Ah, geez, Maureen. One more thing to pack into my busy day. And here I was hoping I could stay incognito!

Holy Cow even Rich...the AR big guns know my name. LOL.

Bob, common sense? Where can you download that?

Why can't I get capu-assu graphic...I think ppl just make that one up.

Bob Corney. *mwa!*

John, new bottle of tequila ready to go; it's evening here so we moved on to patrone gold; best we can find on short notice LOL chicken fingers and tequila? hmmmm

There are days when I hate the pressure of trying to come up with material for Carnac. Then there are days like today. Wowsa.

can some one give me the cliff note version of this - I don't think I can read 130 comments - whaaaaaaaa!

Rick & Ines,

It's a quick read...you probably should read through it - it's not a pretty picture and I don't want to take the chance of misquoting or well...read it, you'll see.

I am guessing that readily apparant means just what it says it means. That anyone looking at your website can tell that you are a Realtor, what the name of your office is, and where your office is located.

Karen Anne,

I agree with you, it means you should be able to find the information easily...I mean why wouldn't you want people to be able to contact you...I mean...who doesn't want customers to contact them...that's our bread and butter.

You know, while sitting down to dinner with my three year old, I had a thought. If you don't want to put the appropriate info... don't. I don't care... I don't think many people really care. The NAR may care (maybe not). Your state's real estate commission may care (again... maybe not). If somebody does care, you'll get reported. If you don't think it really applies, instead of telling people that they are the victims of a rectal-cranial inversion, you can fight it out with the appropriate authorities...

Personally, I want customers to be able to find my info and figure out how to contact me... and I just really don't care to be an unattributed source.

OK - I went back and read it and yes it was entertaining (thanks Karen for the suggestion). Now please pass the tequila and a bar stool .......and Sally........do you think we can get a 2 for 1 deal on the shrink?

Maureen,

Thanks for bringing this good information to the light, again. So many websites and blogs are in violation and on purpose. Others are just ignorant and/or being careless.

Sorry you have to take on comment abuse. So much for trying to start a helpful conversation.

Cheers,

When a potential consumer searches ActiveRain for a reputable REALTOR, they may consider, and even read a member's comments on other member blogs. This is unlikely however. A more typical behavior might be to read the member's blog posts to try to see what they write about and gauge their experience and knowledge.

The original post of this thread was informative. If there has been a recent change or addition to the NAR's Code of Ethics, a post that informs the community is a good thing. Are all the 'thankyou', 'great job' and 'congratulations' comments necessary? Do they add any value to the thread? Are potential consumers interested in this material?

Blogging is a relatively new form of electronic media. Originally, and in most professional blogs today, it is about writing personal thoughts and ideas about a subject. It really isn't about copying statistics and quotes of other sources and pictures. And, it really isn't about advertising. It is for writers. And the blog content represents the author's original material. That said, things evolve and communites such as this one foster using a blog for advertising. Things change a bit then. Interesting business model.

Either way. Blogging or commenting on member blogs takes time. And how a member uses their time is exposed to potential consumers. Remember them? The subjective issues that this blog created are really very petty and demonstrate unprofessional behavior and unproductive time. If you read through this thread you will find jokes, insults, false information, and childlike bickering. All stemming from "real estate professionals". What a shame and a true injustice to a genuinely good post. Note, that this is the blog of Maureen Francis & Dmitry Koublitsky, SKBK Sotheby's - Metro Detroit and reflects what they are all about and what they value.

It is ironic that this all stemmed from a message about work ethics.

Christian,

I almost totally agree with you... However I have to say...that when I write a "thank you, or "great job" I am letting the writer know that I read their post...didn't just "click" and read and say nothing... acknowledging good work deserves nice comments when they are certainly well deserved. I like to think positivity and encouragement breeds success...while negative comments, insults, and jokes often drag everyone down.

I think that what was intended as a great thought and an informative blog became an unfortunate debacle...

JMO, I enjoyed the blog...however, not some of the comments...I'm not perfect and I've been angry on here as well, but this seem's to been an entirely - "Hey, do you guy's know about this post."

I blog at night to relax and read information...I don't show properties after dark, just for safety reasons and who can really assess the worth of a property in the dark. I doubt that you see me blogging during the day unless it is a weekend that I might have a little time or a Holiday when I live in Florida and my family lives up north and I'm home.

I understand your point though,,,if you're blogging all day...you're not out there marketing yourself or showing/listing properties.

Karen

Christian - I totally agree with what you've stated in regards to copying from other sources, or advertising. So many times, I feel like there is only a handful of us here banging THAT drum, especially the advertising one. Unfortunately, often times, we bring all the marketing baggage along with us that we've collected over the years, and we tend to carry those practices into new venues such as blogging. We 'brand' things to death. We blantantly 'self-promote' until the cows come home. We plaster our contact info, website URL, slogan, etc., on every conceivable space, ad nauseum. But I digress....

For the most part, I think this discussion was a good one. Unfortunately, it detoured at times into some rather unpleasant directions. Perhaps a lesson learned for some....

Bob - you were supposed to say "The" Rich....I guess I'm still just a demi-rain god. They haven't made me walk the coals or run through the gauntlet yet. Although the Moderator Rich VooDoo Doll was tossed into the fire. That was painful!

Ouch!...Rich!

While all of you are discussing this, what about representing yourself as "agent"?

Most of you are not licensed as "agent". I don't have time to check all of you but I did check the gentleman licensed in Pennsylvania and he is licensed as - "Real Estate Salesperson-Standard". He does not state that fact anywhere on his website.

Where's the truth in that?

I knew this only because I read about it on AR when I first got on board. AR is a plethora of information.

FEB

2008

All that I can say is WOW! I leave for a few hours, to come back to much more people who have been misinformed or uneducated. There are alot of comments here. Would be very hard to reply to each individually. And since most of them were from members just "following" along, they don't mean very much since most of the comments regurgitated words for some easy points.

It would have been much easier if I would have left a comment like this: "Maureen, great post! Thank you for copying and pasting a snip-it of NAR's Code of Ethics, even though that change occured in January 2007. Great job!" lol Maureen thanks for informing us - happy?

Larry Lestrabrooks - You state that I dont mention anywhere on my website that I have a PA real estate license.....scroll to the bottom of the first page on my website. http://4saleinbucks.com I think my licensing info is on almost every page on my website. And if it isn't, who cares?! Do I need to spell it out?

I do not need to worry about violating Standard of Practice 12-9. My websites have had all the appropriate info from day one. MY BLOG NEED NOT HAVE TO, BUT MAY. Am I worried about it? No. If you think I am violating anything NAR, PAR, or BCAR set forth, or my state real estate commission, feel free to contact them.

I know someone mentioned the Code of Ethics, and how we must see the Code from NAR, but doesn't your State and your local board of REALTORS have a code of ethics as well? Are they exactly the same as NAR's? If so, why does our local board have one with their name on it? If they are the same wouldn't that be ridiculous and redundant? I can say that , right? Freedom of speech (just watch what you say).

Maureen - Since this is a Standard of Practice, what are the consequences if it is a violation?

Joseph - Maureen has been on this network since its inception. She has been one of our most valued contributors. This post was the result of a training session that was conducted in her State regarding professional standards/ethics. During this session, this particular Standard 12-9 was brought up. And even though it was adopted over a year ago, Maureen simply felt that many people were not aware of its existence, application, or consequence with regards to blogging. She is voicing her opinion here. And, as in the venue of conversational blogging, you are encouraged to offer up your opinions as well. We welcome spirited dialogue and debate here on ActiveRain. It challenges us to assess our positions and convictions. It either cements what we believe, or helps to reform us to a new perspective. However, stating that someone has their head up their XXX or is in need of psychiatric counseling clearly goes beyond the pale of mere opinion. Why not simply say "I respectfully disagree?" This could have been a much more healthier debate had your comments been more civil and respectful.

I think I'll pull up a bar stool next to Rich.

Rich - In the future, I will do my best to refrain from such comments. But when someone puts themselves out there, pretty much saying they they wouldn't be able to sleep at night if they had not included such a small detail on their website (or whatever she said), then people posting on the internet need to understand that someone else may say something that they don't like. Like it or not, everyone who posts something on the internet will be criticized, whether the response is positive, negative, or whichever way they want to perceive it. Either way, like I said I will do my best to refrain from such comments (Not saying I won't ever make a similiar comment). After all, it is the comments in this blog post that made it what it is, not the original blog. And if some were unaware of this amendment to the Code of Ethics, which was made over a year ago, then those who commented above, are they really on top of their game when it comes to following the code of ethics prescribed by NAR and their local board of REALTORS? That really raises some questions.

Joseph, I am on my association's grievance committee and the ONLY COE we use in NAR's. I have never heard of a state COE or an association COE, at least not in Michigan I am not sure why we would need more than NAR's. Can you show us your association's and state's COEs? It would be interesting to see how they differ from the NAR COE.

As for this amendment coming out a year ago, yes, many of us heard it then. Sometimes you hear things and don't really think of all of the implications until later. The trainer felt it was worth mentioning again even though he had trained us all on the same thing last year. I don't think it means that people are off of their game.

For a rather non controversial subject the heated feelilngs around this totally surprise me. Getting reminded of issues on a social network for real estate professionals seems like a no brainer to me but hey, what do I know. We follow our State guidelines but NAR's COE as well. Btw it's cold enough out now to switch from barstools to overstuffed chairs with hot toddy's?

And thank you to Rich and Bob (and the unflappable Maureen Francis) for trying to interject civility back into my life. Peace Out

THanks for the head up. I'm sure that a lot of people are interested in how this turns out.

NAR & Ethics now that is a oxymoron. The way NAR uses the code of Ethics is a total joke. Let the DOJ have NAR they deserve it. I cannot believe how they waist REALTORS time with there bull $$$$.

Carole,

It's rather warm here in Florida, however, I would join you in an overstuffed chair with a hot toddy....what's the flavor of the day???

I think someone needs to...opp's on second thought,,,never mind what I think... :-)

Wow after reading EVERY comment I need one of those bar stools...heck this was tiring :) The AR dudes were here, the big blogging names are here, and heck look at the comment above mine from someone not signed in......yep, I think I'll just sit awhile and watch how Professionals interact with each other.....seems like the ones sitting by the bar are the cool and collected ones....move on over :)

Independent Thinker...amazing...U don't have the gut's to show your name, why bother to post an opinion? JMO. I think of people like you that hide your identity as cowardly...not calling you a name, however if you feel the need to leave a post like that, and you are afraid to leave your real name and contact number, it mean's nothing to those of us who have the courage and fortitude to post intelligent replies to great posts.

Kathy,

I think there is room...How are you?

"Readily apparent" leaves lots of room for interpretation. Blogs and websites are also not one in the same thing...I guess that's up to interpretation too :)

Looks like a brawl up there...and not a fun one either.

Interesting reading, sometimes ahh heated, sometimes not so heated.

But it did make me realize one thing, that my new website isnt within guidelines, so I need to go correct that. IMHO blogs are the same beast of a different color.. typically they are linked off websites, AR/Personal/etc so as long as the main page has the info then I dont see the need to put that info up on every single page I may or may not have.

Considering what I've seen here in lil old rearend Sussex County DE that is mild. I surf REALTOR® &/or real estate agent websites for ideas, hints & tips so I've seen a lot that are not in compliance with any rules.

And as a side note, we refer to ourselves as agents here typically, not salespeople, companies vary on that aspect even if DAR lists our licenses as Real Estate Salesperson. And how many here are tossing around the term REALTOR®? Are you in compliance with the proper usage of the word? All caps & the lil Rcircle thing? Do you use the word properly in your "tag"? Example "Your REALTOR® at the beach!" is not proper usage.

More food for thought if you are concerned that you are doing the up and up thing (You is generic & not meant to finger point).

If you arent then tend to your own flock & leave others to tend to theirs, eventually it will catch up with them. I could go around reporting a lot of people in my area for stuff, & especially since I'm involved with my local board. But why? Do I really want to piss off people I may work with in the future? Or for? Not really.

While its nice of Maureen to post it, topics can sometimes bring about heated discussions & opinions, as people used to say on another BB I used to go to a lot.. if you dont want to hear comments, positive or negative, on something then dont post it. And yes, that BB had a more restrictive policy than AR does & had a bunch of "idjuits" that knew how to skirt the line.

Out of here so I can try to figure out some people do those long type sigs lines...

Diane S. SRES®/REALTOR® In lil old Sussex County DE

Karen- Haven't seen you in ages...and go figure I find you watching a "Brawl" as Ardell says :) I'm good, and you :)

FEB

2008

I do have my state of licensure on my website, but never thought of a blog as a website. Thanks for sharing.

Miss you Kathy...working my butt off...this is a debacle......

Glad to see you! My parents are visiting and it is tough...my Dad has Brain cancer..and I'm not doing well with that....we have been best bud's for so long...in fact my whole life,.,,nite..

I totally in compliance on my profile AND in my blog.......

I was in compliance BEFORE I even saw this post....

That warms my heart....hehehehehe

disclose, disclose, disclose.....

=-)

A consumer searches via Google for info on real estate in a particular community and Google throws up a bunch of info. ...some blogs some traditional websites, some profiles on 'social networks." Typical consumers can't discern the difference between a blog and a website, it's just all real estate information on the internet to them. Just because you write it on a platform that uses CSS rather than html doesn't change anything.

The next big thing beyond blogs will be subject to licensing laws as well. The broker will still be responsible for all the info no matter what the format. The standard of practice just echoes licensing laws (and common sense.)

What needs to be "readily apparent" is the National Association of Realtors rules, regulations, and code of ethics. As long as they continue to obfuscate The Rules, they also continue to make real estate agency far more complex than is necessary.

Off topic: I love your new photo!

I have had my name and licensing status on my blog forever. Clearly in front so that the consumer doesn't get confused or assume anything. Don't want to lead anyone on. Disclose, disclose, disclose.

Seems like some barstools were replaced with horses...the high ones.

Miraim gets it...just disclose...regardless of the laws.

Maureen outstanding conversation...

Ditto to Kris.....Nice new pic. Isn't Dmitry 'dashing?'

OT response to Kris and Rich. Thanks. Its from an article that is coming out today or tomorrow in Oakland Business Review about us. We did a little photo shoot last week for them. In front of one of my favorite listings 420Suffield.com

Diane, I am always happy to hear opinions and healthy debate. I've never shied away from passionate discourse. I just prefer to keep out the personal attacks.

Bob, thanks for directing things back on track.

Here we go again....making the Broker responsible LOL....OK, I know that everyone affiliated with me ( Susie Broker) has their licensing info right out front where all can see it. We were in compliance from Day 2......day 1 I was lost :) :)

Oh, and Bob....was my barstool turned into a Horse ??????

Took a lot ....to keep my 'mouth' shut....like sticking Rich with pins so he listened :) Thanks.

Sis, grab a milkshake and pull up a stool next to me:-)

I've been sitting right next to you all along lil bro...playing invisible woman. :)

Oh no Sally you're not - you're on the couch next to me - remember? we got a 2 for 1 deal

Maureen - love the new picture!! Had to stop back by to see what else might have transpired - just more bar stools, a couch and some over stuffed chairs......ahhhhh.

Still love that new pic!
Ann

Okay...how about we just keep mingling with all of us..couch is comfie for these old bones :) Hi Ines!

Maureen...I LOVE that new picture toooo!

Personally, I think all the rules, mls and NAR, need to be consolidated and simplified. It's getting near impossible to remembe them all.

FEB

2008

Maureen... 177 comments! You really touched it with this post... Good job...

Lisa, I really never thought this one would stir up such a discussion. There's just no telling...

FEB

2008

Compliance. "Readily Apparant". Good point to bring up. I better go double check mine now....

Have a Fabulous Real Estate Day!!!

Maureen...

A little rain bird told me about this post...

Well now i see why...

You handled this well...Very well indeed.

Gotta go...I have to stick something somewhere :)

TLW...ROAR!

Boy, I raced to my blog and fixed it.

FEB

2008

WONDERFUL example of your amazing, though provoking writing, Maureen!

Welcome to AgentGenius.com, we're so honored (http://agentgenius.com/?p=1195 )!

Thanks, Lani, I am looking forward to my AgentGenius experience!

FEB

2008

Thanks for the heads up.

I'm is Southern California and I am not aware of this yet. Thanks for the heads up!

FEB

2008

This isn't just a code of ethics issue. New Jersey law requires that the brokerage company's name be MORE prominent that that of the agent in any advertising they do.

Other states may have similar requirements.

Maureen--I did not read ALL of those comments...WOW this hit a nerve didn't it? I had noticed this last fall and after attending a Legal Update for MN when they discussed websites and made certain all my sites and blogs were compliant with broker name and licensed in MN.

What had been said is that with business being slow some practitioners are choosing to visit other agents websites/blogs and turn them in for non compliance. The MN board had been getting many more phone calls from agents reporting other agents. The fine is $1000 bucks (I think). So I was compliant as soon as I got home!

Just read all of the comments and decided to edit the fine amount as I don't exactly remember. But legal team at MN Assoc of Realtor's is getting calls AND giving fines to members who are not compliant. Not worth the risk for me.

Maureen, great reminder that we must be mindful of our basic disclosures and disclaimers all the time.

I'm also seeing that blogged listings are another easy place to fall out of compliance. It can be too easy to fail to move an Active property to Pending, and then to Sold.

John

FEB

2008

I can see that this blog entry has brought out a lot of opinions -- I suppose that mine would be "better safe than sorry".

--- Kerry Lucasse, Keller Williams P'tree Rd

MAR

2008

Wow. Wow. As an "outsider" all I can say is wow. I'm very happy to not be a part of NAR. It seems to me, as an outsider, the NAR COE is the number one bone of contention among the "professional" members.

Lane Bailey offered the most common sense advice of all. I'm with Kathleen Lordbock, too. Thank god I don't have to worry about what honestly seems petty to me compared with compliance with the LAW.

In the lending industry our COE is not subject to personal interpretation because it's 1 page long. It says to obey the laws of the state and the nation and treat your clients and each other with respect. They figure the varying state laws that enforce our highly regulated industry with all their articles, sections, paragraphs and ammendments accompanied with the threat of loss of license, monetary fines and imprisonment are pretty encumbering to the scum layer of our industry as it is.

In finishing I always hate to be the one to inform the gung-ho Realtor© that not only does the average person on the street not know the difference between a Realtor© and a green-horn real estate agent they don't care. They think you are all realters or realators anyway.

KUDOS to Maureen for breeching the subject here on AR but does anyone really know the right answer? And again I remind you only the ones of you who care, care. Nobody else cares.

MAR

2008

Thanks for the post. There are always those 'little things' that one doesn't think of.

MAR

2008

I've always hung out with the "better safe than sorry" crowd".....

"Readily Apparent" is like porn. Ya know it when you see it.

Most of us know that we need to (in Florida) have the name of our brokerage firm at or adjacent to any means by which a customer/client can contact us. Adding the state where we're licensed is yet another step. Thanks for bringing this out.