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Sarasota Association of REALTORS - Who Does It Really Hurt??

The Sarasota Association of REALTORS fulfills my Prediction from Long Ago - MY Predictions of What is NEXT

Laurie Manny of Long Beach Real Estate made a comment on Inman news concerning the Sarjacking of Marc Rasmussen's site that brought back memories of a Featured Active Rain Post I wrote about long ago.

(For the record, it was me she was referring to in that comment of the Inman News post concerning the Las Vegas REALTOR that lost their domain name. The only correction I need to make on that comment is that I did not put up a fight to keep the domain name in question. It was an obvious violation that I should have researched into a little more before just doing a clever domain name and investing a lot of time and money into it.)

I'm sure she was bringing up the Featured Active Rain Post I wrote about concerning the subject of the use of "MLS" back in March of 2007 when thoughts of banning the use of MLS in domain names began rearing it's ugly head.

In the post, it mentioned the loss of love the Greater Las Vegas Association of REALTORS and National Association of REALTORS gave me when a website I owned was taken away from me for the improper use of "REALTOR" in the domain name and then picked up by Non REALTORS who turned it into a referral site.

What I thought was really Cruel was the demand that I could not even forward that domain name to the new one I ended up with and still have to this day. (Ironically, very similar to Laurie Manny's Long Beach Real Estate site. Just switch out the cities we service. Great minds think alike. ;).)

The thought of banning the use of "MLS" on websites and domain names owned by REALTORS first began circulating at this time and one of the largest Multiple Listing Services in the United States (hint -- it's in the same city as NAR headquarters) decided they were going to start fining REALTORS that used "Search the MLS" on their websites. I had a few choice thoughts on that and especially some questions on how they were going to enforce that rule against non REALTORS.

ESPECIALLY since

MLS is trademarked by Major League Soccer

From that Post back in March of 2007:

"My issue and for anybody who belongs to an association: We are paying dues to belong to an association that is supposed to look out for us! If you pay for access to a MLS... then you should be able to advertise it. I am a REALTOR. I pay dues to the National Association of REALTORS, The Greater Las Vegas Association of REALTORS, and the Nevada Association of REALTORS. I expect those dues to protect the trademark of the Association that I belong to and not fine members that pay into the Association unless they are in complete non-compliance of the use of the trademark. If your only policy is to go after members of your own association and not violators of people who do not pay and contribute into the association, then why are we paying to belong to an association that only threatens it's members???????

Associations are great, don't get me wrong. But if the association created by you with your funds is not looking after you.. then something is wrong. If the only enforcement of rules can be used against it's members that make up the association... then something is wrong with the system.

Members get penalized, but nothing happens to non-members? You've got to be kidding me! I am a member of one of the oldest fraternities in the United States.... perhaps my definition of an association is skewed by this but I think that if I pay money into something that exists due to my contributions..... then legal force should be in effect for non-paying members and not penalizing members. (Or at the least.. going after Non-Members first.)"

I still believe that Today.

Where we have been and where are we going in the online world of real estate?

SarJacking Should be A Crime Unless you are a REALTOR that is really clueless with what is going on with the online real estate world, by now you should have heard about the Sarjacking of a particular domain name that was owned by a Member of the Sarasota Association of REALTORS. A member of the Sarasota Association of REALTORS named Marc Rasmussen who purchased and invested a lot of soul into an incredible website that all REALTORS should look at and strive to provide such a great and simple localized real estate site to use. Zillow, Trulia and even Realtor.com have nothing on this site for great localized real estate. The Sarasota Association of REALTORS has nothing on this site and that could just be the problem.

Due to the Sarasota Association of REALTORS led by a President that may have a conflict of interest in this matter, I'm not even going to mention the domain name in question since the Sarasota Association of REALTORS has now taken over the domain name and has taken all of Marc's hard work and love and re-directed it to the Sarasota Association of REALTORS site.

Instead, I want you to look at Marc's incredible Sarasota Real Estate site. In case you've been too busy cold calling prospects, knocking on doors, spamming e-mail flyers, telling everybody you know that it's a great time to buy, writing your own PR newswires, spamming real estate forums, or just creating a bunch of internet noise to clog up the search rankings, take a look at this great blog post by Judy Orr who specializes in Cook County Real Estate that highlights all of the blogs from some serious real estate bloggers concerning the Sarasota Association of REALTORS hijacking a members domain name:

SARASOTA Association of REALTORS Begs REALTORS to let them Know who they work for.

I firmly believe that my dollars would be better off going to the Legal Fund for Marc Rasmussen that has been set up by Knox Richards then my REALTOR dues if it was not for the fact that I have to pay REALTOR dues for access to the Las Vegas MLS.

The Sarasota MLS Gets Jacked

(Photo Courtesy of Knox Richards at Denver SEO Web Guy)

Unfortunately, despite the uproar on this thievary of a domain name that has been questioned by online real estate agents across the nation that are far savvier then anybody you will find at headquarters on Michigan Avenue, the National Association of REALTORS (NAR) has been completely silent on this issue.

Which leads me to the concern I have from a meeting that I was in with the COO of a particular Luxury Real Estate franchise which is part of the most prominent Real Estate company in the world back in September of 2007.

"We don't want Individual Real Estate Agents having their own websites or blogs or advertising their own names. We want them promoting the Franchise and Company name."

Shortly afterwards, the Broker/Owner of that Luxury Real Estate firm I was affiliated with wanted complete control of all the leads being generated from my website which was firmly denied. My website was far ahead of theirs in the search engine rankings for the Luxury real estate market in question. Google Analytics showed me all of the visitors from New Jersey so it was no surprise when they realized there was no way they could take me out from the top of the search engine rankings for their terms that I was told that I would have to turn over control of the leads generated from the site or leave the company.

I left the company. Within 24 hours my website company can verify the letters of harrassment I received to remove their logos and names off of the website which was borderline psychotic.

With the silence of the NAR on the issue of the Sarasota Association of REALTORS concerning this very hot topic of stealing a domain name away from Marc Rasmussen, could other things be brewing on the horizon?

Do not underestimate the influence that Major players have on the National Association of REALTORS and the local Boards. And when their profits are down, they are looking for ways to get their profits back up. The work of the Sarasota Association of REALTORS and the silence of the National Association of REALTORS on this subject should be of grave concern to all individual REALTORS out there that understand why the NAR, the State Associations and the Local Associations are supposed to exist in the first place. To keep the playing field FAIR and Balanced for Big REALTORS and Small REALTORS alike.

The Associations exist because we PAY for them to exist and when a fellow individual member who has put an incredible amount of HEART and SOUL into a site is bullied around by an Association led by the owner of a rather larger Luxury Sarasota Real Estate Brokerage, questions need to be asked and ANSWERED.

Make no mistake that the internet is the Great Equalizer of the Real Estate Playing game. Savvy Real Estate agents know this and so do the crusty ones who are starting to catch on and applying retroactive rules to it's members.

Be Very Well Aware that the National Association of REALTORS has a job posting out there for somebody to monitor the internet. Much like Drew with Zillow and Rudy of Trulia always seem to pop up when their respective company names are mentioned on the internet.... the NAR may also soon have a Big Brother watching you to insure you have good things to say.

As Drew and Rudy will tell you, whenever I see an attempt to brainwash REALTORS, I'm right there along with several Real Estate Internet Savvy REALTORS to balance out the argument.

Unfortunately, this next Big Brother will have the power to pull your MLS access from you or steal your domain name if you don't follow along with their theme song.

Worse yet... they will steal your SOUL just like the Sarasota Association of REALTORS has attempted to steal Marc's and that's the last thing we need when it comes to Real Estate Websites.

I sincerely implore you to support Marc Rasmussen, a fellow REALTOR in this fight to remind all Associations that they exist because of us.

Paul Francis, CRS
Las Vegas Real Estate
702.592.3058

UPDATED with Relevant Reading on the Topic:

Read Marc's Take on the Subject about The Sarasota MLS fiasco.

The Sarasota MLS - The Sarasota Association of REALTORS Hijacks a Members Website

Sarasota Association of REALTORS - The Real CyberSquat on Bloodhound Blog

Sarasota Association of REALTORS Slaps one of it's Own by Ryan Ward

Unite Against the Sarasota Association of REALTORS on WannaNetwork

Sarasota Association of REALTORS - Sarasota Real Estate is History and You may be Next by Joe Lane

Sarasota MLS Begs for Negative Publicity by Judy Orr --- LOTS and LOTS of Links to Plenty of Resources to view what Everybody is Saying about this ordeal.

Sarasota Association of REALTORS vs. REALTOR on News for Real Estate Agents -- Great Opinion on why this was done to begin with and Resources Provided on What you Can Do About It.

Sarasota Association of REALTORS takes Down REALTORS Sarasota Real Estate Website -- Cal Carter provides a great review and includes a list of Officers and contact information for The Sarasota Association of REALTORS. YIKES!

Feel Free to Let me Know when You Add Your Take on the Subject!

Posted by Las Vegas Real Estate - Summerlin Homes Paul Francis - (702) 592.3058 on 10/23/2008 02:57 PM

Comments (44)

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44 Comments on Sarasota Association of REALTORS - Who Does It Really Hurt??

OCT

2008

Very nicely written Paul! I regret that you have had similar problems from greed and jealousy out your way, but at least it was a situation that allowed you to remove yourself from having an association with.

@ Cal -- Thanks! I dealt with it with knowledge knowing that the real estate business is what you do and not what a company does for you.

Regardless... it was nothing in comparison to what Marc is going through where a small association is going after one of it's own members. For me... I have plenty of friends to back up on that know all of my intentions when it comes to real estate are completely ethical and in the best interest of the consumer.

WOW - I guess you never know what can happen until it does - that's why Activerain is so powerful - YOU CAN TELL ALL OF US AT THE SAME TIME!

@ Richard -- Precisely why it is posted here and not on my main Las Vegas Real Estate blog. This is an issue that if it is ignored by REALTORS or at least not even thought about, will eventually come back to bite you in the arse.

Much like my post back in March of 2007. :)

The National Association of REALTORS needs to make a statement on this position and needs to do it now. We do not work for our Associations and you do not work for RE/MAX.

Much like I do not work for the company that I am now affiliated with otherwise they can pay for my advertising, creative content, promotion of their name, health benefits, car insurance, etc... etc.. etc...

What a shame, the Sarasota Board of REALTORS SAR should be ashamed of themselves. What they have done had nothing to do with justice, or what is best for their membership, and everything to do with their greed. Shame Shame Shame Sarasota Board of REALTORS SAR

A most excellent and thorough post Paul. The best I've seen on the whole SAR fiasco. Flagged this one for a feature spot. ;)

•:*¨¨*:• Joe & Colleen Lane •:*¨¨*:•

Our ActiveRain Blog

How do we flag a post for featured post?

jay

p.s. I'll go login into AR now....

@ Joe and Colleen,

Thanks so much! That is quite a compliment that I really appreciate and to be honest... means more then all of the rewards I have sitting in some box somewhere......

Please support me when I make the official announcement for my running for the NAR Presidency which will be coming soon. I have a lot of stuff to clean up so we can get the Association back to credibility standards that I (and plenty of consumers) expect for an honest and trustworthy source for real estate.

;)

@Jay,

There is a flag at the bottom of each blog entry. Simply click on it for a few different options, one of them being featured nomination. ;)

@Paul,

Very ambitious! Good luck. ;)

We look forward to your anouncement Paul. It will be refreshing to know that there is a candidate that stated:

"The National Association of REALTORS needs to make a statement on this position and needs to do it now. We do not work for our Associations and you do not work for RE/MAX."

"Much like I do not work for the company that I am now affiliated with otherwise they can pay for my advertising, creative content, promotion of their name, health benefits, car insurance, etc... etc.. etc..."

A NAR that is not focused on agents is doomed to fail!

Thanks for the flag info, I have been looking for a menu item to mark for a "feature" all week. LOL

@ Joe and Coleen and Cal:

My decision was made after watching this --> http://www.realtor.org/about_nar/presidents_report/_podcast_archive/podcast_rpac_20080909

Quote:

"Now that We've talked about Raising the Money, Let's Talk about the FUN PART, HOW We SPEND the Money"

Yep... Lots of fun especially when some of that money went to Barney Rubble... Oops... I meant Barney Frank.

It's time to turn a Real Estate Association into a Real Estate Association and not a Sales Association.

Paul:
Excellent post. I am flagging it as well. Your experience combined with what Marc is going thru is a wake-up call to all of us.

There are many posts on the internet supporting Marc and condemning SAR's actions, but I think you took it a step further expressing what the future may look like for all of us if we don't hold our local, state and national associations accountable and responsible to representing us, the paying members who keep those associations in place.

Perhaps a good option is to not pay the optional RPAC fees that are beginning to show up in the mail from the local board statements and perhaps allocate those dollars to Marc Rasmussen Legal Defense fund - http://www.ebaspace.com/2008/10/21/sarasota-mls-legal-fund-for-marc

I wonder if anyone reading this manages a group this post belongs to. Certainly would help the cause to feature this post in the group(s) the post belongs too. Just a thought!

@Paul, You might consider adding this post to a fifth group. ;)

@ Joe and Colleen,

Thanks for the suggestion.. ;)

I've been extremely busy with short sales in Las Vegas and have not had time to blog but this situation with Marc is worth some lost sleep considering what it is really all about.

Hey Paul, such a long time "talking" on REW and I think this is the first time I've seen your photo! Great post and I'm flagging it as well and I'll throw some links to it. I'll also be writing one more post here on AR.

Thanks for mentioning all the donation page! I found some more pics out there..

Pirates in Sarasota

Awesome post Paul; this is very well written. NAR's obvious absence in such a big topic is not only deafening, but it also disgusts me to be a dues paying member of such an inept, uncaring organization. Not only do we HAVE to pay them, but by being a member we have less rights than non-members and I’m not talking about fiduciary duties or agency. When your domain can be taken from you and then used by a third party like yours or like in Marc’s case taken for its ranking authority (clearly the reason) someone from NAR should have stood up and got involved by now. You’ve got a vote here.

@ Knox, You've got the movie rights to the saga.

Are you gettin' legal? Isn't there enough of that goin' on here;)

FYI: The United States Code (47 USC 230) gives bloggers some protection against libel suits based on the theory that the blogger is a publisher of comments.

(I know you were kidding)

Anyway - Cal is getting a movie together - can't wait for that one.

@ Paul, there is a REW rainers group here: http://activerain.com/groups/rew Steve @ Houston Home Team is the group founder. I don't understand why this hasn't been put up as a featured post already.

I don't understand why this hasn't been put up as a featured post already.

Could it be the entire SAR office and their attorneys office are nervously flagging it as spam.

Are you gettin' legal? Isn't there enough of that goin' on here;)

OK so here is something on the lighter side. http://www.northwestofnormal.com/

Very good post. I agree 100%. This is not right whats going on.

It's about time Active Rain featured this post. I'm sick and tired of the same people being featured all the time with little or nothing to contribute. All Active Rain users, take note! This could happen to you so take part and show your support.

Congrats on being featured!

This is a nightmare. Be sure and let us know when you run. I want to vote and I NEVER do.

Paul:

Thanks for keeping the pressure on SAR to do the right thing and allow Marc to re-direct the domain.

The fact that they have already re-directed it to themselves is shameless.

I agree with you 100%. Let's get as many Realtors involved as possible.

Hey Paul check out gulfbreezemls.com Our board sent him a letter to take it done this guy after a fight and half had his lawyer get involved along with DOJ and the board let it drop. This guy owns several others I can't remember them. I dont know all the details but I do know they went the distance and then about three months ago I was asking around and it was a sore subject with the board and it was even taken out of the minutes of the meetings. Maybe this will help or maybe not but I own pensacolarealtor and don't intend to give it up our board even had to use .org because I want give it up.

Great information, Screw NAR, they take my money and give me NOTHING!

Now they're the Internet police, I thought that was Obama's job with his new "fairness Doctrine".

Just like unions, power creates greed, and corruption.

You work you ass off to build a site and these "union thugs" come and take it from you.

We live in scary times. Our rights to free speach are the next target!

OCT

2008

Paul... Thanks for taking the time to share this information. Hard to believe something like this could happen. I'm not doubting it... Just in shock !

"The Associations exist because we PAY for them to exist" is more true than you know. So why in the worl do we let them have such control? Reminds me of our current government issues. Excellent points throughout, and as I sit on our local Association board I can honestly say more people need to get involved and be heard; even I am only one voice and sometimes back up would be a good thing.

Fellow AR members, you seriously need to consider sending this article to other agents, especially the tech savvy web 2.0 agents in your home towns. They will be the ones looking down the barrel of a loaded gun, not the envious ones that don't have a clue.

Excellent. I just checked the cache of AR's home page and this entry is cached into the mix. Should help to increase search engine visibility for this blog and the search phrases nested within. :)

I really think that more & more agents will be leaving the NAR. I know of one very successful broker here in Ft. Myers that refuses to join and has refused to join for several years. Luckily we can still join the local MLS, just not the board.

I'm a member and I especially love all the solicitation calls I receive from realtor dot com asking me to spend more money for better rankings, featured listings and the such. Don't we already pay enough? Geeze.

And as a BROKER I strongly encourage all my agents to brand THEMSELVES. That is what consumers want. They want to know YOU. Most don't care about the NAR either. But alas, we succumb.

I have followed Marc for some time. This really does suck. I'm sure it was one of his competitors that raised a stink or else some agent up there who has NO business and wanted someone to blame. BLAH. Who cares even if they did think he was the MLS? So long as he is helping consumers as he is supposed to, right? He is a member! duh....

OCT

2008

It is so unfortunate to have taken the time to build something only to have it taken away, especially, if I am correct in my understanding, that the URL did not violate the rules at the time it was created.

Hi Paul,

I am so glad you found my comment on the Inman post. Your story stuck with me, I am sorry I didn't remember the details or your name - I read too much. A realtor in Long Beach suffered the same problem with the url Long Beach Realtor. Again a successful Realtor with a very successful site - over 10 years old if I recall correctly, he, like yourself and Rassmusen should have been grandfathered in when they decided to change the rules.

Of course you and I understand that the rules were changed with the absolute intention of stealing these intense lead producing sites. I would fry my site before I would let them touch it. If they took it I would go to any length to destroy it and would be successful in that venture, at any cost.

Congratulations, this post is #10 on Google for the search term sarasota association of realtors! This puts a smile on my face, but what really gave me an ear to ear grin were the pages and pages of other blogs supporting Rassmusen for the same search term. Online reputation management is very important, Kathy Roberts, the CEO of the Sarasota Association of Realtors (SAR) would have understood the repercussions of her actions if she had spent any time familiarizing herself with the habits of the blog-o-sphere.

Every person reading this post should haul their butts over to the Inman post and read every single comment. They start to get especially good about 1/2 way through, but read each and every one of them and learn. Learn about GREED and THEFT and ABUSE OF POWER. Learn what happens when you become so successful that the brokers and your board want what you have and will conspire to take it from you. Learn about how NAR will support those efforts. Most of all learn about how to defend yourself. Learn about reputation management and how to band together with other bloggers to flood the search terms of the offensive NAZI's who would steal your lifes work without regard. Learn!

Excellent post Paul, nice to cross paths with you again.

Ha! I just jumped over to your original post and see that I featured it. At the time I was moderating the AR system. That made me smile yet again!

And here is the Inman post that Laurie refers to - http://www.inman.com/news/2008/10/16/mls-name-dispute-lands-in-court

@Christine - Precisely. Marc's site was up long before the amendment was made to Article 12 and with the amount of visitors that his site had with zero complaints from consumers that the Sarasota Association of REALTORS can produce -- is evidence enough in my eyes that the use of MLS in a domain name does not confuse or mislead visitors.

Marc's site was targeted due to it's success in traffic and search engine rankings --- which had little if anything to do with MLS being in the domain name but because of all his hard work. If his site would have been on Page 10 of Google, I highly doubt that the Sarasota Association of REALTORS would have spent the Association's Money going after him the way they did.

According to Marc Rasmussen on the Inman Post concerning the MLS Domain Name Dispute -

5) Cherry also said that high rank of Rasmussen's Web site for consumers who search for "Sarasota MLS" "gives him significant competitive advantage that is unfair to other Realtors in our area."

So, is the Sarasota Association of REALTORS a socialist organization??

As I am sure you are very well aware of -- Decisions such as what was made by ICANN opens the doors as a tool for other Associations to use the same tactics. Unfortunately, the first targets will be REALTORS and not all of the Non-REALTOR sites using MLS in their titles, descriptions, etc...

What will be next if things like this are allowed to happen without REALTORS speaking up?

Are High ranking websites going to be Sarjacked because a significant competitive advantage that is unfair to other REALTORS in the area?

@ Laurie Manny - Thanks for the Feature long, long ago! I was waiting for you to pop in and for you to speak your mind on this topic. :)

OCT

2008

Hi all,

I wrote a post with a brief timeline of events pertaining to this case - http://www.luxurysarasotarealestate.com/blog/sarasota/marc-rasmussen-vs-sarasota-association-of-realtors-over-thesarasotamlscom/show/

Nothing earth shattering but I read a few inconsistencies across the web. More importantly, I wanted to thank everyone for all of the support. I've said it before but I really am proud to be associated with a great group of people.

Thanks for stopping by Marc and sharing the harrassment you have had to go through with this. I've added the link to your blog post at the top.

I found this statement in the Herald Tribune hilarious (disturbing?) by the way:

"Cherry said the association's position is that even if Web users know once they reach Rasmussen's site that it is not actually SAR, or even if it is redirected to his new site, by that point the damage has been done, as the "initial confusion" caused would still hurt SAR's business."

I must be confused as to what business REALTOR Associations are in?

OCT

2008

Paul what a bummer. I have heard bits and pieces of this story. It is a shame. When I get a minute I am going to check out his new site.

NOV

2008

As I learned many decades ago, though, one shouldn't make presumptions about what a larger organization is, or is not, doing unless one is intimately privileged about what's going on inside that larger organization. Some things simply take a little longer than other things. It's much easier to track down, and fine, a member, than it is a non-member, so what might seem to be an injustice might simply be taking a little longer. Then thing to do is to write NAR and ask for a response.

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