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Realtor.com releases a statement on the recent mess with ForSaleByOwner.com

By
Real Estate Agent with Kimberly Howell Properties (210) 646-HOME

For Sale By Owner Sign

images courtesy of TheTruthAbout...

Russell Shaw recently wrote an article over at AgentGenius and I had read it with much interest.  The comments alone took on a life of their own and there was much to be said, much opinining, and more than a bit of venom.  He then followed up yesterday (November 25) with this post.  As a dues paying member of the National Association of Realtors, I take great interest in this topic.  I personally have no problem with people going the "for sale by owner" route.  I hate that it means less business for me, but the fact is, I truly believe people should have the right to chose what to do with their property.  What I don't like is that people are being guided to do so without some of the forethought and knowledge that goes into negotiating and making sure the contract is valid, true, and enforcable.  Realtors® are held liable for all sorts of things within a real estate transaction.  When we write a contract, we put our license and our career on the line.  Of course, if you know what you're doing, you can remove some of the danger, but you can never stop a person from attempting to sue you for one of the many things they can find you liable for.  I fear that the consumers going the "for sale by owner" route are opening themselves up to that world unknowingly and I truly feel sorry if someone out there is not forewarning them when they get them to go this route.  I hope they educate themselves enough about the process in order to save some of the misery that could come their way if a buyer decided he was in the suing mood.

I may not have a problem with a FSBO, but I have a problem with my dues helping them out.

My dues are there to fund my association and the things they do for me, on my behalf.  One of those things is Realtor.com.  Because the site is built by the National Association of Realtors for us, I would like to see it kept that way.  I'm not trying to keep FSBOs off the internet, they're more than welcome to the millions of bits and bytes floating around there.  But they shouldn't have a way to get onto a site that our dues fund.  Of course, there seems to be a loophole, allowing the listings to appear on Realtor.com by using a proxy-broker who lists the properties in the MLS, hence getting them on Realtor.com.

Today Realtor.com released a statement in response to all the furor.

You can read the statement at Realtor.com.  My thoughts?  One, NAR should have opened up the comments section.  I know it would have resulted in a bustling hive of activity and probably some hatred and negative press that they wouldn't want on their public facing site, but maybe it would lead to some better understanding and some more discussion.  Maybe having the public see some of the agents thoughts and opinions would help them understand where we're coming from.  Maybe we could all make nice and be friends.  I doubt it, but I like to believe in good things.  Second thought?  When combating some bad press and negative things swirling about, kill the the sales pitch.  "...the nation's #1 homes for sale site..." isn't really necessary to put in there.  But that's just my opinion on it.  I cringed when I read it.

Maybe I'm just blind to something.

I don't know.  Me, I'd never go the FSBO route.  Why?  Because I know what is involved in a real estate transaction.  And even before I was licensed I wouldn't have.  I'm also the same guy that doesn't book his own travel very often (pays to have a sister in the industry).  Why?  Because when some idiot at the airport tells me my ticket isn't an e-ticket depsite the fact that I'm holding an e-ticket in my hand for a flight from LaGaurdia to Heathrow, I know I can call my agent and the problem will be solved.  Try calling Orbitz.  Its not always fun.  I also think a doctor could explain to me a basic procedure, but I'd rather know his medical insurance covered me in case something went horribly wrong, because I was not as experienced as he was at the procedure.  I'm not saying selling real estate is the same as neurosurgery, but somedays it certainly feels like it is.

Comments (13)

Michael A. Caruso
Surterre Properties - Laguna Niguel, CA

FSBO has its ups and downs like the market does.

I've never understaood how saving a few bucks can cause someone to expose themself to law suit abuse.

Nov 26, 2008 09:49 AM
Robert Worthington
Worthington Realty - Manitowoc, WI

Interesting blog.  We do share some of the same feelings.

Nov 26, 2008 09:50 AM
Craig W. Barrett
RE/MAX 100 - Hughesville, MD
Hughesville MD Real Estate

It's a sad thing when a licensee will do anything for a buck. I've also got the same issue, I pay good money to the NAR and I expect them to maintain value and integrity in the product and service they offer.

I suspect they don't have the computer power to handle the amount of traffic they would have received had they left the comments open.

Nov 26, 2008 10:22 AM
Barb Szabo, CRS
RE/MAX Above & Beyond - Cleveland, OH
E-pro Realtor, Cleveland Ohio Homes

Matt, I've been following this since it broke and it seems to me that NAR just keeps on repeating "We didn't do it." It seems that fsbos have indeed  found a way to get them selves on realtor.com doesn't it? I haven't checked today but is fsbo.com still advertising realtor .com on their home page?

Nov 26, 2008 10:22 AM
Susan Harrison
EXIT Realty Corp. International - Mississauga, ON

forsalebyowner.com is still advertising REALTOR.com on their website homepage, and another page comments "No need to be listed in your local MLS or work with local agents" - clearly contradictory to REALTOR.com's post.  I'm very interested to see how this plays out.  Thanks for the post.

Susan

Nov 27, 2008 02:24 AM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

I think what really irks me is that the press release is really all about splitting hairs.  This is the big key to the NAR/Realtor.com position:

"There are no unrepresented properties displayed on Realtor.com and every property on Realtor.com must be listed by a licensed real estate broker. It’ our understanding that ForSaleByOwner.com gets their listings to appear on Realtor.com, the nation’s#1 homes for sale site, by working with licensed brokers who in turn enter the listings on an MLS. This means, such ForSaleByOwner.com listings are no longer “or-sale-by-owner” istings, but in fact broker represented."

Yes, the FSBOs are working with licensed brokers.  That's how they're doing it.  But they're not working with the brokers.  From what I understand, the brokers are taking a fee, entering it into the MLS, and their job is done.  I see how NAR/Realtor.com can say what they say, but the point is they are not working with those brokers, they are just using their service and the broker is representing their client, they are just entering data into the MLS.  Its all about how you view it.  The whole time, I feel that ForSaleByOwner.com is laughing in the face of NAR as NAR seems unable/unwilling to stop it...asking for a retraction won't do much.  Maybe there are legal issues involved that I don't understand, but it seems to me, there must be a way to stop it.  I feel like the brokers and FSBOs are taking advantage of the rest of us dues paying members and that's what gets me.  I love the idea of an association that looks out for me, I'm not totally trashing NAR, but when I feel that the membership is getting the wool pulled over their eyes with a press release like this, it makes me a bit uncomfortable, especially since I owe my dues in a few days.  And one more thing...when they issued a press release, knowing this was causing quite the stir in the RE community, why didn't we get a special email or some sort of update to tell us...I had to find the press release on the public site?  Oh well, maybe I ask to much and expect even more.

Nov 27, 2008 03:07 AM
C Tann-Starr
Tann Starr & Associates, Inc. - Palm Bay, FL

Transaction brokers are acting within the scope of their state laws, which is why NAR is splitting hairs.

NAR can not make a rule or regulation that violates local, state or federal law. The offended brokers who can prove a loss of revenue (damages) would sue and we'd possibly be paying settlements for anti-competition violations with the DOJ breathing down our necks as an organization. Not me giving  a legal opinion mind you, just common sense from all the other ways large organizations have gotten into very public trouble trying to be a "monopoly" or micro manage an industry into the ground.

The brokers who are transaction brokers paid their dues just like everyone else and they have a right to run their business model as they see fit within the scope of the rules and law. I may not like it, but I can respect people having the freedom of choice. If it wasn't putting food on the table, brokers wouldn't be so bothered. Obviously, it works, therefore they are doing it. I had a FSBO offer me $5,000 flat fee cash to do it last Spring. I paused before I politely turned him down. Truth is, I thought about it for a moment, then said no. My firm and I do not believe in doing this, but that's just our personal take on the matter. I'm sure there are a lot of people who have bills that are in a position where they can not say no.

I reserve being for or against it and will park in the neutral zone on this particular issue. A very interesting conversation, indeed.

Enjoyed your post. :-)

Nov 27, 2008 03:29 AM
C Tann-Starr
Tann Starr & Associates, Inc. - Palm Bay, FL

BTW, FL has some very interesting laws regarding transaction brokers. I don't know the exact amount of states that have 'em, but I do know quite a number of states do have these laws in place, so NAR is sitting on the fence. Discout brokers made this al a cart feature very popular. It was part of their undoing... No "good deed" goes unpunished. :-)

Nov 27, 2008 03:34 AM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

C Tann-Starr - I see what you're saying and I think maybe that's part of my issue with it.  I wouldn't do it.  I don't think its right, so therefore, I take offense to someone else doing it.  I know what they're doing is ok in the sense that they are dues paying members who are running their business model the way they want, but I guess it makes me frustrated (much like some of the "pick and choose your service" brokerages did - and that was long before I was an agent even) is that I feel it cheapens our profession.  I work hard to stay educated, up on my local area, and making sure that I'm always treating my clients to the best service I possibly can.  I'm sure lawyers felt the same way with the explosion of "do-it-yourself legal forms."  Maybe its that I care too much for people who aren't even my clients.  Like I stated in the post, the legal issues surrounding a transaction are many and could be costly, so I hope the FSBO-brokers are at least explaining that to their clients, but somehow I doubt that information is disseminated well (not saying that all of them don't do it, just wonder how clear they make it).  I also dislike some of these brokers (and this is based on a personal experience) methods of winning over the FSBO crowd.  I had a FSBO down the street from me and was checking it out (on the MLS) as I was curious as to how much they were selling it for, what it looked like - the usual agent trying to know more type stuff.  I noticed the brokers name on the MLS and followed to their website.  What I found was almost an angry rant about what scum agents could be.  It was shocking to say the least.  It spoke of how we were all just looking for the next "victim" (their word, not mine) and used words like "lazy," "unresponsive," and "money hungry."  What distrubed me most was that the brokerage was based about 4 hours away from here and I wondered what they knew about the local area, let alone my little neighborhood.  The house did sell and I'm sure the sellers were thrilled with the fact that they saved some money (who doesn't want to save money).  I took a lot of offense to the broker's site, since I do everything I can to not be the idealized image they represented on their site.

Regardless of how it plays out, I will continue to run my business, my way...one of the great things about being an agent (and your point about it was duly noted as when you get frustrated by things like this, you sometimes skip over the obvious).  I do appreciate you stoppingby and voicing your ideas about it.  That's what I love about ActiveRain and the RE.net in general.  We all have differing opinions and I seem to learn a bit from each and everyone of them.  Thanks!

Nov 28, 2008 12:38 AM
Mike Saunders
Retired - Athens, GA

Matt - I understand your frustration. In this area there are several, not just forsalebyowner.com brokerages that list the homes only, providing no service. The only thing that bothers me is that I no longer approach the FSBO's without first making sure that they are not on either of the two MLS's I am a member of. I do closely follow them and most end up working with a full service realtor because the success rate of the no service, listing only or exclusive agency listings are much lower than full service brokers.

Nov 28, 2008 12:51 AM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Mike - Yeah, the old way of doing FSBOs is probably not going to work...."But I can get you on the MLS" doesn't mean much if they already are.  I recently had some personal experience with someone who went with a discount brokerage (not FSBO though), who said but they were charging me x amount.  I asked him what they did for him in terms of marketing.  His reply?  "I was listed on the MLS."  That was all they did for him.  And they charged a hefty price for that.  Of course, the home didn't sell, so it didn't matter at the end of the day what they charged.  They made 0, he didn't sell his house and now he's listing it again...at a higher commission, because he saw the value in marketing.

Nov 28, 2008 01:01 AM
Susan Gonzalez Faux painting murals atlanta
Marietta Mural & Decorative Design - Atlanta, GA

I can totally relate having a husband who owned his own pharmacy. He would get calls all day long from people who weren't his customers wanting info on their drug. Why didn't they call their pharmacist?--They used a mail order pharmacy! You get what you pay for!

Jan 03, 2009 09:47 AM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Susan - I guess there's lots of businesses that can have these sorts of problems.  I had never really thought of how many businesses probably experience it, but it is probably more common than I would guess.

Jan 03, 2009 10:04 AM