Real estate is a "Me Too" business.
"I have a fax machine!" -- Me too!
"I have my photo on my business cards!" -- Me too!
"I have a computer!" -- Me too!
"I have internet access!" -- Me too!
"I have a cell phone!" -- Me too!
"I have a web site!" -- Me too!
"I have a Blackberry!" -- Me too!
"I'm face booked, linked in, twittered, binged, googled, my spaced . . ." -- Me too!
And now . . . Agents are picking up on "buyer agency" and touting/marketing themselves as "Exclusive Buyer Agent."
Hmmmm . . . last time I checked the National Association of Realtors(r) makes it very clear that ADVERTISING must not be misleading.
"Article 12
REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional. (Amended 1/08)"
"Standard of Practice 12-8
The obligation to present a true picture in representations to the public includes information presented, provided, or displayed on REALTORS®' websites. REALTORS® shall use reasonable efforts to ensure that information on their websites is current. When it becomes apparent that information on a REALTOR®'s website is no longer current or accurate, REALTORS® shall promptly take corrective action. (Adopted 1/07)"
Standard of Practice 12-10
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- engaging in deceptive or unauthorized framing of real estate brokerage websites;
- manipulating (e.g., presenting content developed by others) listing content in any way that produces a deceptive or misleading result; or
- deceptively using metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic, or to otherwise mislead consumers. (Adopted 1/07)
REALTORS®' obligation to present a true picture in their advertising and representations to the public includes the URLs and domain names they use, and prohibits REALTORS® from: - engaging in deceptive or unauthorized framing of real estate brokerage websites;
Standard of Practice 12-13
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"The obligation to present a true picture in advertising, marketing, and representations allows REALTORS® to use and display only professional designations, certifications, and other credentials to which they are legitimately entitled. (Adopted 1/08)"
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If you are working for a LISTING brokerage . . . you are an "AGENT" of that brokerage. While you may practice your real estate business working only with buyers, as a matter of choice, you are STILL an agent of a listing brokerage. Those listings aren't the listing agents . . . they are the brokers.
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If you are EXCLUDING your office listings from being shown to your buyer clients, then fine . . . keep on adversting that you are an "EXCLUSIVE BUYER'S AGENT."But, if you have not obtained written aknowledgement from your buyers that you would be excluding your office listings from a tour if it meets their wants and needs, then you must show them . . . WHAT?!?!?
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What was that I hear you say? YOUR OFFICE LISTINGS!
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Of course you do!
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If your buyer client has given you their criteria of wants and needs and it just so happens that a home listed with your Brokerage would be an ideal property to tour with them . . . Hmmmmmm . . . you're NOT practicing EXCLUSIVE BUYER AGENCY . . . you are now a DUAL AGENT . . . or a "Limited Agent" (depends on how your State defines this).
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You do understand that "agency relationships" are LEGAL, right?!? You do understand that there is "client" level and "customer" level.
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If you want to contract with a buyer at the client level, and continue to maintain you're an "Exclusive Buyer Agent" . . . while you may be under contact with them, and they are your clients in an "exclusive" contract, you are NOT practicing "exclusive buyer agency."
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Let's repeat: 1) your brokerage takes listings, 2) you're in a contract with a buyer, and now you have a client that is under an "exclusive" representation agreement. That means THEY will not use the services of another agent! You're their agent exclusive . . . but that does NOT mean that you "practice" exclusive buyer agency.
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I hate to break it to you "ME TOO" folks . . . You are NOT exclusive to buyers if there's a snowball's chance that you may become a dual agent. DUAL, as in: SELLER/buyer.
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Hmmm . . . I thought you said you don't get involved with the sellers!
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Check this video out . . . it's not that great in quality (kinda grainy) . . . but thanks Bryant Gumble! You're ON THE BALL!
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