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DOJ vs NAR... Will P2 Win The Day ?

By
Industry Observer

We know that The Department of Justice is working on an Anti-Trust Case against NAR.  But the real question is, who is defending REALTORS from government theft of our intellectual property?

A recent "Broker Agent News" Article Characterized the DOJ Case as follows:

DOJ Objectives and concerns:

  • DOJ believes that innovation and technology in the real estate industry is suppressed;
  • That consumers cannot negotiate fair commissions for buying and selling a home;
  • That all Home Buyers need access to all listings on each and every website with listings to acquire a home for a competitive price;
  • Listings are not owned by the listing broker, but are effectively a public asset.

Of course there are two sides to each of these points, and many intellectual arguments are floating around.  It's actually a very complex issue.  I will GLADLY let NAR's hired guns handle most of this.   

However, It's that last part (bolded above) that holds all the powder in this soon to be explosive issue.

In business, it is incontrovertable that trademarks and copyrights trump almost all other free enterprise issues.

Case in point.... Many premium brand products wish not to be in the discount stores, are not sold on discount web sites, and the makers can prohibit retailers from advertising below a certain price point?  They can also prevent the sale through unauthorized distribution channels.  How?  Because discounting can be bad for the brand imgage, and inability to control presentation can lead to misleading consumer marketing. 

Can they fix prices?  NO.  But they can stop the ads, because they have right to control use of their brand names and logos.  This right comes from something called intellectual property rights, from which we get trademarks, patents, copy rights, and etc...  The sacred rights are almost as closely guarded as real property rights (real estate - what's mine is mine and I can control it as well as who gets to use it)

Now, apply this to Real Estate.  As the listing agent, it is undeniable under intellectual property rights that I OWN MY LISTING PHOTOS and COPY as a work of art.  The DOJ cannot make my work of art into a public domain matter.  END OF STORY !!!!! 

P2 Gets this.  That's why they invented the NLS.  Will P2 outgun the NAR and win this battle for us?  Wouldn't that be something? 

Taking Bets?  Comments?

Comments(4)

Roberta Lee
Century 21 Olde Tyme - Norco, CA
Norco Corona Riversid Homes For Sale

Lonn

I'm betting they will.  Good post. Thanks for your point of view.  :)

Jul 07, 2007 12:07 PM
Margaret Rodgers
Keller Williams Realty - Karns, TN
Realtor, AHWD
I like my p2 site ,I have been contacted by a new provider selling something very much like p2 but less expensive it was called Agent Blaze  what I do not like about them is every agent that has it is yournamerealtor.com   
Jul 07, 2007 03:04 PM
Greg Fox
Realty World Wichita - Wichita, KS
Techy Broker in Wichita Kansas

I agree that the photos are my property.  I struggle with the DOJ aligning NAR with large independently owned companies (like Microsoft, MaBell) that have a monopoly on the market.  We are a fellowship.  We do share our listings all over the net, and we pay to do it.  Thru IDX, thru marketing websites, through the search engines.  Saying the listings aren't available is an ignorant statement on the DOJ's behalf.  So who are they trying to protect?  FSBO's?  With sites like Point 2, FSBO sites, Google base, Craigslist, they can to get exposure.

What if, the DOJ is representing the motivation of search engines, who want to charge more to get listings on, but less to each homeowner.  Free advertising?  I'm not sure.  But VT's would look horrid, listings would be full of inaccuracies, and the first time a home owner get's burned by a someone in India - People will be screaming about the scam.

Jul 08, 2007 07:20 AM
Lonn Dugan
Toledo, OH

Greg:

Thanks for comment.  BTW:  Point2 does not list FSBO's.  I use P2 and find them very good.

Jul 09, 2007 12:51 AM