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What if we remove the "Days on Market" field from all MLS listings?

By
Real Estate Broker/Owner with BROOKVIEW REALTY

What is the value of showing/knowing the days on market of a particular listing? 

I am not sure if the days on market field should be captured and published on each listing?

I am starting to believe that the days on market field should be totally removed from all types of listings posted on the MLS, immediately.

A few of the important reasons are as follows

•    Would any MLS exist without listings?

•    The "L" in MLS stands for Listing.

Shouldn't the MLS work in the best interest of our client the seller?

Would there be any buyer brokers using the MLS, if there weren't listings?

•    Why does the MLS protect the pending price?

•     The MLS protects the sellers pending "sold" price until it closes, yet freely reveals the sellers position regarding DOM. Why? Isn't this working against the seller's best interest?

Shouldn't another broker (buyer broker) who may have a buyer for the property, be aware of what price the seller accepted in the pending offer, just in case the 1st deal fell through? The buyer broker client may want to offer a higher price as a back up offer?

•    If potential buyers feel this data is important information, why limit this data to MLS displays? "True/correct" data is valuable. Why is the MLS limiting displaying this field on the public IDX display? Why is this information limited to brokers who have the "key" the MLS?

•    Listings are routinely forwarded to many web sites. If DOM is such an important number, why isn't the active/cumulative DOM forwarded to Google, Homeseekers, REALTOR.com etc.?

•    Isn't this bordering on breaching our fiduciary duty to our client the seller? Did the seller agree in the listing contract to have their selling position (DOM) posted on their listing?

•    Is there a possible class action lawsuit waiting to be filed by sellers against the MLS?

•    Could offices that have agent floor time be more at risk? An agent reading the listing display, may quickly disclose the sellers position (DOM), when asked by the caller. Is this not breaching the fiduciary duty all Michigan agents have? Aren't agents, by default, representing the seller in void of a buyer agency agreement?

•    Many MLS's offer a choice to the Broker whether to display their listings on other web sites (such as Google, Realtor.com etc"). Shouldn't a Broker Owned MLS, allow the Broker, the choice if they want this confidential information (their sellers DOM) published to the MLS agent population? The DOM should not be displayed if the Listing Broker so chooses. Default off unless requested by the Listing Broker.

•    Listing brokers and buyer brokers will still be able to determine a value of a property based on recent sales prices, recent expired prices and counting the active competition. This is called "supply & demand" economics 101.

•    Isn't DOM a number in determining a properties value, just like the SEV of a property is? A number that's available but not the only way to determine a value.

•    Removing the DOM field on each listing would reduce the number of agents deleting and re-listing their property. No reason to keep doing this if there was no clock to re-set.

•    Publishing the days on market merely gives the buyer a reason to offer a lower price to our client. The buyer doesn't know or care about the days on market. If the property is listed for "X" number of days, is this too short of a time or too long? Or just about right? Either way the buyer will still try to negotiate a lower price.

•    We all know that a property sells because of one reason. Price. If there is an abundance of similar properties for sale, the seller must reduce their price.

•    The best type of new listing is a "virgin" listing, one that has never been listed before on the MLS. (No history).

•     Perhaps removing the DOM field would lead to buyers making an offer if they like the property, regardless of what the DOM is. If the seller gets an offer, perhaps it will sell. If it sells, perhaps prices in Metro Detroit will become stronger? Who knows? It may start to turn things around? Even in a sellers market, removing DOM is a good thing for the MLS's, client the seller.

There are many more reasons. I believe in providing a history report for any property. DOM data shouldn't be and doesn't have to be one of the fields collected and distributed. This field serves no purpose or value for the seller, my client, our client, and our sellers.

Other posts about days on market

Days on market, does it matter?

How much is that doggie in the window?

Comments(39)

Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

Hmmm.... good points to both sides of the argument.  I find it interesting that in some markets the DOM is cumulative from agent to agent.  Over here, when a seller jumps to another brokerage, the listing essentially becomes a new listing and DOM starts at 0 again.  It's annoying when a seller switches agents just to freshen up their listing.

I wish I had found this group before I started another similar group!  I will join this one and try to catch up!

http://activerain.com/groups/MLSRulesNRegs

Oct 26, 2007 11:42 PM
Gerry Banister
RE/MAX Showcase Homes - Beverly Hills, MI
MBA
Very interesting points of view.  As long as the DOM in going to be in the MLS, at least it could be correct and consistent, which it is not currently.
Oct 27, 2007 12:50 AM
Trey Thurmond
BCR Realtors - College Station, TX
College Station , Texas Homes
Good points on DOA.  I too have often worried that DOM can result in DOA (Dead on Arrival)  when low ball offers come in simply because a home has been on the market a long time.  All you appraisers out there know that a lot of items determine value. Too many agents, buyers, and appaisers put too much weight on DOA. 
Oct 27, 2007 12:56 AM
David Elya
BROOKVIEW REALTY - Rochester, MI
ABR, CRS, e-PRO, GRI, SFR - Associate Broker

Jesse & Clinton: Thanks for posting.Your first paragraph is valid assuming you are working for the buyer. But aren't the listings posted by sellers agents/brokers? I guess I don't agree with "Hell to pay". To address your second paragraph, DOM should NOT be posted on the "buyers profile".  To reply to your third paragragh, in Michigan the current "norm" DOM is stretching daily/weekly. There is no "norm".

I realize that everyone likes to haggle. But DOM is not necessary info in order to make a deal. In what other purchase is this required? 

Georgina: In our market, DOM is easily obtainable with a few clicks of the mouse. It's no secret whether it's cumulative or not. Both DOM isavailable. No matter if the client switched brokers. It's a time bomb on their listing.

Gerry: Thanks for your thoughts.

Trey: Who does the listing belong to? The appraiser, buyer agent or listing broker? I don't like DOA listings either. Thanks for you input.

Oct 27, 2007 02:30 AM
Jesse Clifton
Jesse Clifton & Associates - Fairbanks, AK

Hi, David
"Hell to pay" could equal having to buy the house back, pay triple damages to the buyer (AK) and/or having to deal with an ethics or surety fund complaint, etc. 

Out of curiosity, how you would answer a buyers question of "how long has this home been on the market?"  It might not be such an issue in the house were to sell in the early days of a listing, but at the point the DOM stretches past the norm (for the general market at the time the house sold) a buyer could  allege misrepresentation, even if you didn't represent the buyer.  
 
Let's say you list a house for $200,000... it languishes on the market for 187 days (average for your area at the time it sold is 84).  Buyer writes a near full price ($198,000) offer and closes but subsequently learns it had been listed for more than six months (first time buyer who didn't know to ask) from the neighbor.  Neighbor: "Man, this house was on the market forever... I didn't think they were ever going to sell it." The case could very easily be made that the buyer was damaged financially by overpaying due to not having been provided this information.

I just dealt with a property that sat on the market for almost a year. Would it have sold faster if DOM field didn't exist?  No, because the bottom dropped out of that segment of the market rendering the asking price too high buyers and other agents knew it.

Good discussion, btw.

Oct 27, 2007 01:58 PM
David Elya
BROOKVIEW REALTY - Rochester, MI
ABR, CRS, e-PRO, GRI, SFR - Associate Broker

Hello Jesse,

Fortunately, in Michigan, licensed agents/brokers cannot be sued under the Consumers Protection Act. We cannot be sued for triple damages etc.

To answer the question of the buyer, "How long has this been on the market?" If DOM was not available I could honestly say "I don't know? Would you like to make an offer based on the sold comparables?" BTW, I am in favor of posting DOM after a sale has closed. Another question is average DOM based on the days it has been listed, or average DOM until the property is sold?

If the buyer in your example paid nearly full price ($198,000), he either loved it or thought it was worth it based on other properties he looked at. Shame on him if he didn't shop enough.

My current active listing inventory is approaching 30. Nearly all of these properties have been on the market a year. Are they all over priced? Is displaying the DOM helping them? Refer to the Code and I may not be serving my clients (sellers) "best" interests displaying DOM?

Article 1

When representing a buyer, seller, landlord, tenant, or other client as an agent, Realtors® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve Realtors® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, Realtors® remain obligated to treat all parties honestly. (Amended 1/01)

• Standard of Practice 1-2

The duties imposed by the Code of Ethics encompass all real estate-related activities and transactions whether conducted in person, electronically, or through any other means.

• Standard of Practice 1-3

Realtors®, in attempting to secure a listing, shall not deliberately mislead the owner as to market value.

• Standard of Practice 1-9

I believe DOM IS confidential seller information.

The obligation of Realtors® to preserve confidential information (as defined by state law) provided by their clients in the course of any agency relationship or non-agency relationship recognized by law continues after termination of agency relationships or any non-agency relationships recognized by law. Realtors® shall not knowingly, during or following the termination of professional relationships with their clients:

1) reveal confidential information of clients; or

2) use confidential information of clients to the disadvantage of clients; or

3) use confidential information of clients for the Realtor®'s advantage or the advantage of third parties unless:

a) clients consent after full disclosure; or

b) Realtors® are required by court order; or

c) it is the intention of a client to commit a crime and the information is necessary to prevent the crime; or

d) it is necessary to defend a Realtor® or the Realtor®'s employees or associates against an accusation of wrongful conduct.

Information concerning latent material defects is not considered confidential information under this Code of Ethics. (Adopted 1/93, Amended 1/01)

Michigan is faced with the honor of having the highest risk for mortgage lenders. A high percentage of foreclosure risk. I say do away with active DOM and things will head in a positive direction. Stop using DOM against the seller!

Oct 28, 2007 01:00 AM
D B
Quakertown, PA
e-PRO, Realtor - Bucks County PA - 610-952-3578

I enjoyed reading your article.  The comments are good as well.  Why does everyone ask, when they come to an open house about the days on the market?  SO what?  I agree.

 

Oct 28, 2007 02:36 AM
David Elya
BROOKVIEW REALTY - Rochester, MI
ABR, CRS, e-PRO, GRI, SFR - Associate Broker

Donald:

They ask because they want to use the days on market number, against my client, the seller. That's why. They never ever say, "Oh, 42 days on the market, sounds about right! I'll buy it"!

Oct 28, 2007 03:31 AM
Jesse Clifton
Jesse Clifton & Associates - Fairbanks, AK

Hi, David

If DOM was truly confidential information we would have to take steps to ensure it was never revealed.  It would mean we couldn't put up yard signs because at the very least the neighbors would know when it was put up for sale... we couldn't advertise it in the newspaper or online because the dates could be tracked.  Those two examples alone would constitute a breach of confidential information.

DOM will only negatively impact a sale when the listing is aging... which begs the question "why is it aging?"  The simple answer is price.   I can't really speak with any authority as to whether your listings are over priced or not, but if they are languishing on the market beyond the norm for your area, the answer is probably yes.   DOM is just the effect; price is the cause.

You state in an earlier reply "As a consumer, if the price is wrong, the MLS DOM is naturally be longer.  (I think you just answered the 'are my listings overpriced' question) Does that mean that the agent is no good, or that the sellers are unrealistic in their pricing? During my 17 years of experience, I have witnessed that a long DOM is almost always the result of an over expectant seller, not a weak REALTOR®."

Market value is not dictated by what the sellers need or want from the sale.  Any agent that bows to the whims of an unrealistic and/or uneducated seller is most definitely a weak Realtor. 

Nov 08, 2007 06:50 PM
Doug Garner
CENTURY 21 Garner Properties - Independence, KY
Principal Broker, Auctioneer, Northern Kentucky

All great points in your post Dennis. A wonderful debate. I'll speak in favor of keeping CDOM and DOM on the following points. 1. The buyers will find out if they want to know. Before we started keeping DOM records buyers (and agents) would commonly knock on the neighbors doors. 2. It's material fact, public knowledge, unless there is no sign in yard. Doesn't the seller sign and date disclosures at the time of listing that are made available to prospective purchasers that would reveal the DOM? 3. Information and facts are more important to a REALTORS job more than ever before. The more the better. From a buyers or sellers perspective, what do they need a REALTOR for these days but for more information.

Dec 20, 2007 01:32 AM
Don Stern
Realty Executives South Louisiana - Baton Rouge, LA
Greater Baton Rouge Real Estate
Wow!  What a great discussion.  I can see merits on both sides.  After reading through the post and all the comments, I'm coming down on the side of full disclosure including CDOM so the system cannot be "gamed".  I think that visibility of DOM would not only help appraisers and buyers as has been previously pointed out but could positively impact sellers as well if we correlate actives pricing and DOM.  Armed with this information, it could help us advise our clients about pricing their properties in a quickly changing market.
Dec 20, 2007 04:54 AM
David Elya
BROOKVIEW REALTY - Rochester, MI
ABR, CRS, e-PRO, GRI, SFR - Associate Broker

Don & Doug,

Thanks for your comments. Just wondering, does full disclosure include disclosing the sellers reason for selling? Isn't that after all an important "fact" that the buyer should know? Don't buyers often ask why the seller is selling?

This "fact" would better able the buyer to make an educated offer. And this "fact" would be another reason why the buyer "needs a REALTOR". 

Dec 20, 2007 05:02 AM
Doug Garner
CENTURY 21 Garner Properties - Independence, KY
Principal Broker, Auctioneer, Northern Kentucky
I don't see "reason for selling" as material fact. Know one but the seller may actually know. The agent may not even know. Altghough buyers usually figure it out if they snoop enough. When a sign goes in the yard, ad goes in a publication, data goes in MLS,  I see that as public knowledge or "material fact". Maybe someone here can change my mind. Interesting debate.
Dec 20, 2007 05:34 AM
Don Stern
Realty Executives South Louisiana - Baton Rouge, LA
Greater Baton Rouge Real Estate

David, I can certainly see your point of view and it has great merit.  For me, the scales tip in the other direction. 

To answer your question, as a listing agent my clients "reason for selling" is private information and kept confidential.  As a buyer's agent if I can get the listing agent to spill the beans (as they often do when you just let them talk) I'll absolutely pass that info along to my clients.

DOM on the other hand can be at least accurately estimated by other means.  That being the case, and for all the good reasons to have the number available, I'm for keeping it visible.

Dec 20, 2007 06:41 AM
Jim Ludes
RE/MAX Top Properties - Coal City, IL
Grundy/Will County, IL REALTOR
Like others, I certainly applaud your passion on the subject....but I fail to see the "big deal" about it. I cannot claim to have sold anywhere near the thousands of properties you have, so in comparison am a complete novice. However, isn't full disclosure the best policy? MLS also supplies room sizes and various other facts that may hinder full-price offers, should we take them out too? I understand that 200 days of market time isn't conducive to fielding top-dollar offers....but theoretic logic says if the house is priced properly and shows well that you're not going to run that time up, right? 
Dec 20, 2007 08:46 AM
David Elya
BROOKVIEW REALTY - Rochester, MI
ABR, CRS, e-PRO, GRI, SFR - Associate Broker

Hello Jim,

I would like to thank you and the others who have voiced their opinion about this topic. I must say that since I first vented my side of the story back in March, much has changed here in Michigan. There are virtually no buyers now looking to buy any property, so displaying "days on market" doesn't really matter much. The lions share of all listings are "over priced" :(. A good REALTOR like me would be hard pressed to assure with any degree of accuracy how much a property would sell for in 60 days, let alone a year.

It's not unusual to check the CDOM had find the "true" days on market to be north of 500 days. I guess that's OK. After all, the seller, my client, should just keep lowering their price or better yet walk away and let the bank take over?

Perhaps this little market adjustment is natural. Perhaps it's the sellers fault for over mortgaging? I am sure that the majority of REALTORS do not  explain how the DOM is used against them by the listing broker or MLS?

 

Dec 20, 2007 12:54 PM
Debbie DiFonzo
Debbie DiFonzo - United Country VIP Realty, SW Missouri - Lebanon, MO
Lebanon MO and Buffalo Missouri Real Estate

Great post to get the ActiveRain juices flowing!

When I first joined our MLS five years ago, DOM was no where to be found. A few years later, the Directors voted to add DOM to the full detail sheet along with the list date. If we print a custom detail, that information is not included.

I'd be all for removing DOM. You can back into a general time frame by the MLS number. Additionally, I like to keep on eye on the property history more than DOM - what was the property listed for initially? what is the property listed for now? Has the property been under contract and is now back active? Even as a listing agent, going to list an expired, this information is what I want to know, more so than DOM.

Dec 20, 2007 01:28 PM
David Elya
BROOKVIEW REALTY - Rochester, MI
ABR, CRS, e-PRO, GRI, SFR - Associate Broker

Hello Debbie,

I agree. The sold DOM is the only DOM that really needs to be collected and displayed. The history report is valuable as well, as long as DOM is not displayed. The listing price adjustments are valid as well. 

Dec 20, 2007 01:34 PM
Jim Ludes
RE/MAX Top Properties - Coal City, IL
Grundy/Will County, IL REALTOR

David- this is an awesome topic....one to really get the juices flowing, indeed! I'm looking at a listing that I'm going to show tomorrow morning: 98 days market time, $10,000 in price drops, bank owned, sold "as-is", 11x11 kitchen with vinyl floor: all things that couldaffect offer price. DOM is the least likely to affect it in this potential offer... Why would listing price adjustments be alright but not days on the market??? I'm certain if we surveyed active buyers and gave them these two scenarios that 'B' would get the lower initial offer:

A) Two homes of the exact same model in a subdivision with same everything  (general condition, appliances, flooring, upgrades, etc.) both still priced at their original list of $350,000....one has a market time of 98 days, the other 170 days.

B) A home that, regardless of market time, has dropped their price $40,000; from $390,000 to $350,000

**Would you claim that the difference in offer to listing price is going to be greater on the house with higher market time than it will with the substantial drops already???

"After all, the seller, my client, should just keep lowering their price or better yet walk away and let the bank take over?" YES!!! If a seller really wants or needs to sell a house and they and the Realtor did not price or present the home properly, it should drop! The funny thing about the market place is that homes are only worth as much as a buyer is willing to pay for them. You said so yourself, "We all know that a property sells because of one reason. Price. If there is an abundance of similar properties for sale, the seller must reduce their price."

DOM is just an indicator that the seller and Realtor didn't price or present properly to begin with. I understand that the market makes it very difficult for pricing pros to do so and that, currently, there is some measure of luck involved- but I think DOM is much less a hindrance than many other thing in the MLS listing. Thank you for provoking some thought to wake my brain up!!!!

Dec 21, 2007 02:42 AM
Micheal St. Peter
The Bayshore Group - Traverse City, MI

David- I was a member of Realcomp and a Remax agent for 5 years in your market before moving North. During that time I saw office after office stop offering compensation to sub agents and Non Agents. They moved to only offering compensation to buyers brokers or a lesser comp to sub agents. Was this practice put into place to protect the seller? Real Estate One puts there disclosures on the web for everyone to see, with the date they were signed in plain view. Should disclosure statements now come after we have an excepted offer?

I can appreciate the other agents and yourself sticking up for Realtors, saying they are not the ones to blame for long market times, but a lot of the times Realtors are the ones that are making that mistake by pricing or taking listings that are overpriced. Without market times you are going to have an even harder time setting the proper price to sell the property in a timely manner. The inventories are to high to re-lie on solds alone.

I think a lot of big listing agents are upset that they are not in control of the market like they once were. And are having a hard time adjusting to younger, less expierenced agents that are working with buyers calling the shots. Could it be seasoned listing agents that controlled the inventory and to a certain degree prices do not know how to cope with this market or choose not to get into there car and work with buyers? DOM is not to blame, homes that are priced right from the beginning are still selling in a timely manner!  

The winners in Real Estate have always been the listors, now the listors that have the inventorys that still do not want to work with buyers are being past up. There costs are going through the roof and there reputations are being shattered. They have not learned how the new buyer has evolved and how to do business with them. Maybe this is part of the real estate adjustment.

 I guess you or know one in your office ever went to a listing appointment and bragged about how you sold a home in 1 day or a week. How about showing stats on the average days on market for your office compared to another office to precure a listing?

Dec 21, 2007 03:55 AM