The monopolist doesn’t like it, as I have found out. Pending a decision whether I want to sue my local organization (and I probably don’t – I’m busy) I think I have to maintain silence on what was just dropped in my mail slot last week, but here’s what’s happening on the national front. What a bunch of bullshit – you can hear the NAR sweating. And it’s worse than the blogger below describes: I have been convicted and fined for publishing material “that might be considered misleading”. That’s such a crock of s**t that I really should sue these stupid people but the fine is “suspended” pending my future good behavior and, since I don’t intend to change that behavior, I’m bound to have an opportunity to litigate the issue. In the meantime, I want to pursue the commission denied me by the ethical, non-blogging realtor who screwed me last week. Money first.
In case you haven’t heard, the National Association of Realtors® made a big change during their mid-year meeting last week. If any of you are bloggers or participate on social networking sites like Facebook, Twitter or LinkedIn…you’ve got to read this.
Apparently, Realtors are now responsible for not only what they say, but what others say/comment on their social media sites about other Realtors. Here is the wording from a Special Report on NAR’s site this week:
False and misleading statements. Standard of Practice 15-2 was amended and a new Standard of Practice was approved to strengthen members’ obligations to refrain from making false or misleading statements about competitors,including in use of social media tools.
The new amendment includes the duty to publish a clarification about, or to remove statements made by, others on electronic media the REALTOR® controls once the REALTOR® knows the statement is false or misleading. For example, if you’re publishing a blog and someone posts a false or misleading comment about a fellow REALTOR® on it, it’s your duty to remove the post or publish a clarification when you become aware of it.
Separately, the board approved a change to the NAR Bylaws, imposing the same duties on associations and MLSs as on members to not make false or misleading statements against competitors, competitors’ business practices, or competitors’ companies.
Keep in mind, a Standard of Practice is an interpretation of the actual Articles. See the wording of the new Code of Ethics. Still – Yikes!
Just when you thought the government had too much legislation, another ‘organization’ (don’t want to mislead by using any real names) feels they need to tell everyone else what they can and can’t say. Ever heard of the First Amendment?
Don’t get me wrong, I’m not saying I agree with a Realtor saying false or misleading comments that essentially misrepresents another Realtor. BUT, what about other people on your blog, Facebook or Twitter sites leaving comments that may be questionable?
Think about all of the friends you have on Facebook…what about all of the people you follow on Twitter. Do you really look at all of the comments?
In the past, I’ve talked to Metro Brokers’ agents about their online brand and interacting with friends/followers as well as making it a point to not ‘auto-follow’ people on social media sites. This new change to the NAR Code of Ethics really helps drive the point home.
A Few More Things to Consider:
- It appears you should be okay as long as you remove the negative statement and/or post/publish a clarification when you become aware of it.
- How do you know if a statement about a Realtor from another person is false or misleading? Are you going to need to play the role of investigator too?
- Ron Hahn brought up a good point on his blog too. Where does the burden of proof lie? Are you required to prove the statement is true or must the other party prove the statement on your site is false?
Tips to Stay in NAR’s Good Graces:
- Check your replies on Twitter to ensure they don’t defame a fellow Realtor.
- Don’t follow people on Twitter who use the privacy feature to block you from seeing their tweets. You want to see what they’re saying before you follow them unless you really trust them.
- Review comments from others on Facebook and LinkedIn to ensure Realtors are not being slammed.
- If you have a blog and moderate the comments, you may want to delete questionable comments or edit them (as long as the revision is not misleading). If you don’t moderate, keep your eyes open for the ones that may get you in hot water and consider deleting.
- Include a disclaimer at the bottom of each post on your blog.
Weigh in with your thoughts…just don’t use any names of fellow Realtors.
Remember what your parents taught you…if you don’t have anything positive to say, don’t say anything at all.
What bull****. The “profession” of realtor is over anyway. Why hire a broker to drive you around (great service) and to tell you all properties are unicorns and flowers and gumdrop trees so as not to offend any sellers? Better to do research on your own/internet/city records and hire someone such as a lawyer to negotiate with a seller or buyer. It is irresponsible to place your biggest asset in the hands of those make-nice-with-everyone brokers who aren’t looking out for your best interests. I didn’t use anybody’s names. Do I pass the censors, CF?
HOMExpedia, here we come!
Do you have to be a member of NAR to have a CT realtor’s license?
CPAs, attorneys, etc are probably looking at similar efforts by their proff organization bodies to reign in new media. I imagine that in time it will make for some interesting new cases for the supreme court.
If it is a libellous statement, then sue. Otherwise, the First Amendment reigns.
(At least for now … never know until Congress is in recess)
This is just another example of an organization “rearranging the deck chairs on the Titanic”.
Yeah. Your professional guild is stuck in the past–internet denial is so 1998. Maybe they will continue to regress and eventually accuse you of witchcraft. Your creek should provide an excellent site for trial by ordeal.
“Remember what your parents taught you…if you don’t have anything positive to say, don’t say anything at all. ”
A “leading” realtor in my little local market must have been following this rule when she (un)informatively characterized the three-year backlog of unsold houses as “the best inventory we’ve seen in years.”
What if the “Saga of the League of Unscrupulous Realtors,” was blogged/published by a non-realtor… from a server in Latvia?
Maybe you can switch to a Hollywood gossip “just asking” blind item format.
Am I allowed to ask whether Larry Yun is originally from North Korea or South Korea?
CF,
Hope it isn’t that grande dame of Greenwich realty behind your troubles — the one who diatribed on your blog a few weeks back, something about “I NEVER mislead my customers!”
I checked out her image. Man, is she scary-looking.
Anyway, your loyal readers have got your back. If you supply the guns, we’ll take aim.
In the meantime, chill-ax, as my daughter says. (Isn’t your daughter flying in tomorrow?) The season is upon us. Rejoice. Have a merry.
Remember, you’ve got friends.
Nah, XYount, it wasn’t her, and daughter Sarah came in last Wednesday, thus skipping the disaster that awaited her this past weekend had she stuck to her original schedule. In fact, I just had tea with her and her sister! So yes, all all is right in the world, and I realize how blessed I am to have loving children and great readers. Merry Christmas to all.
All the best for Christmas & the New Year. I enjoy reading your blog, please keep it up.
Trust in the 1st amendment, and remember there’s always the 2nd if the 1st doesn’t work…
“Anyway, your loyal readers have got your back. If you supply the guns, we’ll take aim.”
Chris: You can count on my services and/or access to my armory should ordinance with no paper trail be needed.
Hm, does that mean that they are going to regulate statements “that might be considered misleading” in printed descriptions, listings and tours of properties? Seems to me that is where the biggest load of BS and source of mis information lies, not in silly little blogs where people spout personal opinion. I am with the other guy – this is so 1998 or 99.
No, that would fall under the “Golden Rule” exemption – what they want to silence, with fines and threats of license cancellation, are hurtful statements, especially if true. The more I stew abut this, the more I’m inclined to strike back.
I am still waiting for you to say something not true about some houses… OK – the house you thought was a good value in Cos Cob that sold. It wasn’t very nice. CONFESS -
Will you be free anymore to recommend Realtors who have done an exceptional job for you? Or is it safer to say nothing for fear that someone (please note: totally unknown and certainly fictitious) you don’t recommend might view that as hurtful even if you don’t say anything at all? We’ll all be afraid to say anything we perceive to be true, good or bad.
Worst case scenario (and I hope it doesnt come to this): CF opts to keep the blog as is and loses his license. CF changes his services to “advisory” and lets FF legally collect the commissions which they will share under their partnership.
With or without a license, I’m still going to work with CF. His advise, his sense of the market & neighborhood insights and his sense of the proper sales contract are what you are paying for. I’ll figure he’ll use a proxy (FF?) to do the legal leg work.