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Give the Facts, But Not Too Many Details

I was reading a post from WooHoo Celeste "Sally Cheeseman today. Professional Attitudes & Behaviors Online.

She discussed what we write about other agents. It made a real good point. Some agents post comments on the blogs about other agents, naming names and/ or companies in a negative light.

I feel strongly that this is totally wrong and a violation of our Code of Ethics (COE). I feel it is perfectly acceptable to discuss behaviors and business practices openly as long as we leave off names. I also get concerned when agents discuss things about their clients in a similar manner, especially when they include pictures of their homes that make it clear who they are speaking about.

Have you ever heard the words "law suit" or "ethics complaint"? If you are writing and posting these kinds of details, get ready for your day to get a lot worse. Once that attorney contacts you or the Board of REALTORS® your day is not going to get any better than it is at that moment.

If you feel like ranting, use a little judgment and common sense. Discuss behaviors, professional standards and ethical behavior. Leave off names and details that point out individuals are companies.

What you write tdayo will be floating around in cyberspace for many years. Just remember "anything you say can be used against you."

Posted by Randy L. Prothero - Hawaii REALTOR® on 09/16/2008 03:03 PM

Comments (50)

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Originally posted at: Hawaii Randy's Real Estate Opinions: Give the Facts, But Not Too Many Details

This post has been included in Hawaii Information Honolulu County, HI Information
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Post is included in group: Century 21 Network
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Post is included in group: Hawaii Real Estate Professionals
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50 Comments on Give the Facts, But Not Too Many Details

SEP

2008

Randy,

Totally agree...although we write about other companies,...agents...etc...you'll probably never get me to give you a name as I wouldn't want the liability or any accusations...stick to the story but leave out the names ir change the names to an imaginary one.

Thank you Randy.

We all get frustrated, but I like the idea of writing it all down, naming names, using colorful language, savoring the release, and then hitting the delete key.

When we publicy lash out at others, we're only hurting ourselves and our profession, not to mention exposing ourselves to legal action. The high road may be lonely these days, but the air is clean and it's easy to sleep at night up there!

Agreed. I would never name names. Some bloggers are nuts! I even change a few little details sometimes to disguise who the other agent could be.

Hello Randy,
Right on! You will not find me naming names, I can't afford a law suit! Some bloggers seem to forget that blogging the details is no different than speaking it.

Totally agree. This is absolutely against the code of ethics. I have to agree there are some agents that are worth blaming though. I see many.

You are right Randy...In this eraof hungry atty.s ther is someone that will try anything to get a buck from you. Why open yourself up to these guys!

Randy, good advice. I don't know what there is to be gained by mentioning names in an open forum. I would thing that if another Agent did something really bad, the proper thing to do would be to turn them in to the proper board and let them handle it.

Neal - We can all learn from the stories, but we do not need to trash anyone in the process.

Bobby - Well said.

Erica - I was amazed to see some give details about their clients. I will not even leave a comment on those.

Cynthia - I think blogging it is worse than speaking it. You have left written evidence that will be there for years.

Huiting - Sharing the situation is useful, naming names is a great way to ruin your own reputation. I agree there are those who need to be straightened out, just not in a public forum.

William - The attorneys will love to cut their teeth on someone posting inappropriate stuff about other people.

George - Even a call to their broker may be enough in many cases.

Randy - it really is a no brainer, isn;t it. The legal profession loves evidence in court or a hearing. What could be more fitting that someone's article. Pretty hard to deny you said it.

Jeff

Jeff - It would not be easy to defend yourself.

SEP

2008

Randy, I agree. There is nothing like throwing yourself under the bus.

David - I have seen a few folks do it.

nicely stated and excellent point - you are one smart cookie

Thesa - Thank you for the kind words.

Randy,
You are right it is worse--the evidence is there for all to see forever and ever and ever.

Never, Never mention names or companies... The practice of others is really good to discuss... but do not point a finger...

your friend in Charlottesville!

we have some cases pending out here of builders suing agents for 'slander' because of what agents thought were off-hand remarks about their financial stability -

Cynthia - It is not your word against theirs.

Charles - That is my practice.

James - Anyone can sue anyone. When people are hurting they are not too forgiving.

Even when I post about a closing or wonderful clients with pictures and videos...I have WRITTEN authorization to do so...by the clients....

Randy ... thanks for your article, and we agree. Let's be careful about what we write ... and especially careful about what we say involving other folks. Harrison

Sally - That is a good idea.

Harrison - As a professional we should always be careful what we say, even if it does not violate a rule.

SEP

2008

Thank you Randy,

I completely agree with what you're saying. The act itself is "unprofessional" and is a direct violation of our Code of Ethics. Whether or not these stories have any real validity, the act of using AR as a catalyst to direct attacks on another agent is completely out of line.

SEP

2008

John - It sure doesn't make you them look good to the public.

What are you talking about? I am agreeing with you? LOL

John - I meant those who attack others in their posts. Sorry for the confusion.

Oh, ok. Thanks for clearing that up. =)

Great post Randy, Never post when you are angry or frustrated, it will not help.

All the best!

Kevin - Absolutely, thank you.

Good Post and a good warning, too. I had read Sally's blog and have tried to be careful and when I did use an example that actually identified a specific person, I called them to let them know. And the issue resolved itself with the call and we both thought that the educational benefit was there, so the post is still up. It is not negative, only a "grey or gray" area issue. Thanks for getting me thinking!

Jane - You did the right thing by contacting them.

SEP

2008

I couldn't agree more. I have posted scenarios without naming names (but have had comments suggesting I should name names). I won't do this for a number of reasons; the main reason being the nature of our litigious society. The other is that I don't need to name names when other agents are involved; those that work in my area already know who they are.

Jon - You do make a good point. There are some agents who are so out there, that others in the area will probably guess who they are.

SEP

2008

Randy, forget the lawsuit, if a client recognizes him or herself as blog fodder, he (or she) will badmouth the agent at cocktail parites forever! Never mind ever getting any referrals. And that could cost a bunch of money!

Patricia - You are right, it will wreck the offending agents reputation for sure.

SEP

2008

The COE is a high standard and we need to abide by it Randy. Especially in this cyberworld, we must use our disgression and be mindful and respectful of our peers whether we agree or disagree with their behavior.

Ronnie - That is important.

Even if you have something negative you could say, what is the point? Will you be a better peson for saying anything? Good post, Randy. We need to think first.

Gary - If you have something negative to say, it should be only said if names are left off and it has educational value for those reading the post. Otherwise it should not be posted on the internet.

It always is an opportunity for us to take the higher road. It's a good lesson to learn in real estate and in life in general.

Ronnie - I agree completely.

Randy- That was a good Post by Sally.....and this is a perfect follow-up. I loved your advice...what we say can and will be used against us :) As everyone else already said, we need to watch what we say. If not for the Code of Ethics Violations but for our own image.

Kathy - Well said, your reputation stays with you for years. Ruin it and it is not easily repaired.

SEP

2008

Never write anything on the internet you wouldn't want to read in the paper.

Brenda - In today's world they are one of the same. Our newspapers are also on the internet. Whatever is on the internet could be out there indefinitely.

It's especially important to be sensitive to others when you live in a small town. On Kauai, the way word travels from gossip is labeled "the coconut wireless". That's even more reason to be respectful and sensitive to others, especially those in your trade.

Ronnie - Our market on Oahu is much larger, yet it is still a small town in attitude. The coconut wireless is strong here also.

SEP

2008

Reminds me of the first (of two) times that I got sued. Although I won, I had to spend thousands of dollars on my defense. My attorney prepped me by asking me questions that he thought the prosecutor would ask. My answers were always:

Yes, but...
I used to...
I would have except...

Etc.

After our first prep session, he looked at me and said, "You need to learn how to use two of the shortest yet powerful words in the English language: YES and NO."

Russel - A good tip.

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