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Old 02-07-2018, 02:03 PM
 
Location: Just south of Denver since 1989
11,828 posts, read 34,440,909 times
Reputation: 8981

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SOP 15-2 is • Standard of Practice 15-2
The obligation to refrain from making false or misleading statements
about other real estate professionals, their businesses, and their
business practices includes the duty to not knowingly or recklessly
publish, repeat, retransmit, or republish false or misleading statements
made by others. This duty applies whether false or misleading
statements are repeated in person, in writing, by technological means
(e.g., the Internet), or by any other means. (Adopted 1/07, Amended
1/12)

I do not see how Brandon's OPINION was either False or Misleading.


A Top Producer can be measured a lot of different ways.

ex: The Top Producer who pays us fees.
The Top Producer who has the largest number of team transactions
Top Producer who does the most Volume
Top Producer who does the most transactions
Top Producer who double ends the most number of transactions.

carry on...
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Old 02-07-2018, 02:26 PM
 
Location: Cary, NC
43,296 posts, read 77,129,965 times
Reputation: 45657
Quote:
Originally Posted by 2bindenver View Post
SOP 15-2 is • Standard of Practice 15-2
The obligation to refrain from making false or misleading statements
about other real estate professionals, their businesses, and their
business practices includes the duty to not knowingly or recklessly
publish, repeat, retransmit, or republish false or misleading statements
made by others. This duty applies whether false or misleading
statements are repeated in person, in writing, by technological means
(e.g., the Internet), or by any other means. (Adopted 1/07, Amended
1/12)

I do not see how Brandon's OPINION was either False or Misleading.


A Top Producer can be measured a lot of different ways.

ex: The Top Producer who pays us fees.
The Top Producer who has the largest number of team transactions
Top Producer who does the most Volume
Top Producer who does the most transactions
Top Producer who double ends the most number of transactions.

carry on...
"Top Producer" who has never had a closing, but pays for TP CRM.
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Old 02-07-2018, 02:29 PM
 
Location: Columbia, SC
10,965 posts, read 21,988,738 times
Reputation: 10685
Quote:
Originally Posted by 2bindenver View Post
SOP 15-2 is • Standard of Practice 15-2
The obligation to refrain from making false or misleading statements
about other real estate professionals, their businesses, and their
business practices includes the duty to not knowingly or recklessly
publish, repeat, retransmit, or republish false or misleading statements
made by others. This duty applies whether false or misleading
statements are repeated in person, in writing, by technological means
(e.g., the Internet), or by any other means. (Adopted 1/07, Amended
1/12)

I do not see how Brandon's OPINION was either False or Misleading.


A Top Producer can be measured a lot of different ways.

ex: The Top Producer who pays us fees.
The Top Producer who has the largest number of team transactions
Top Producer who does the most Volume
Top Producer who does the most transactions
Top Producer who double ends the most number of transactions.

carry on...
Or in my case a "Top Producer" that was recommended with 0 sales ever when I put my address in as a prospective seller with a home to sell. And 3 "top producers" that had combined for less than 10 sales ever. But no, those commercials aren't misleading at all.

Unlike the public I have the means to research sales history on MLS and I know the agents in my market. So yes, I know it's misleading and that's why I'd love for someone to crack down on it. When a consumer is duped into using an agent and has a bad experience it reflects poorly on the entire industry. Unfortunately many people lump all agents as one and the same.
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Old 02-07-2018, 02:44 PM
 
Location: Rochester, WA
14,487 posts, read 12,121,454 times
Reputation: 39074
Quote:
Originally Posted by just_because View Post
At least I've potentially saved other realtors from being lured into potential 15-2 ethics violations with sloppy and reckless talk. I suspect that the one that went down already will be the only one now. Somehow you and Silverfall managed to respond to a post on a public forum without committing serious ethical violations. It's really not that hard, is it?

Shall we assume that your comment about this thread careening off into the trees was because an realtor very likely fell foul of serious ethics violations on a public forum? I mean, that was your reference to a 'bad patch' right?

Surely your comment could not have been directed at a consumer just trying to remind realtors of their ethical responsibilities. I think trying to discourage ethical violations is the exact opposite of something careening off into the trees. It's about keeping the dog sled regally up on the crest of the hill and out of the trees (I know you're from the sticks somewhere so just trying to relate with your own language ).
Dog sleds J-B? We're not THAT far north!

Since when is a website a "real estate professional"?
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Old 02-07-2018, 02:50 PM
 
Location: Salem, OR
15,578 posts, read 40,440,822 times
Reputation: 17483
Quote:
Originally Posted by Diana Holbrook View Post
Dog sleds J-B? We're not THAT far north!

Since when is a website a "real estate professional"?
The owner is a member of an MLS. They take a referral fee on the backend so they are technically a real estate brokerage.
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Old 02-07-2018, 02:53 PM
 
Location: Rochester, WA
14,487 posts, read 12,121,454 times
Reputation: 39074
Thanks Silverfall... I guess I know very little about the service and was seeing them more as a Real Estate version of Yelp or Angie's List, than a brokerage. Still not sure I'm wrong... But... maybe
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Old 02-07-2018, 03:02 PM
 
Location: Salem, OR
15,578 posts, read 40,440,822 times
Reputation: 17483
Quote:
Originally Posted by Diana Holbrook View Post
Thanks Silverfall... I guess I know very little about the service and was seeing them more as a Real Estate version of Yelp or Angie's List. Still not sure I'm wrong... But... maybe
They've had some tech issues. I remember a few years ago they were trying to join MLS's so they could pull data into their program, but agent transaction information isn't allowed to go out like that. So know you have to upload it. I don't think the owner appreciated how fragmented the real estate tech world is and how hard it would be to get data to run his algorithm. They have actually been around for several years and they did secure more funding last year so maybe the site will work better??

The problem, always with agent transaction data, is that the MLS doesn't separate out team data so you end up with the team lead looking like they do a bazillion transactions when they really don't, but the site doesn't reflect that the data is team data.

It's a tough nut to crack.
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Old 02-07-2018, 03:16 PM
 
Location: Columbia, SC
10,965 posts, read 21,988,738 times
Reputation: 10685
Quote:
Originally Posted by Silverfall View Post
They've had some tech issues. I remember a few years ago they were trying to join MLS's so they could pull data into their program, but agent transaction information isn't allowed to go out like that. So know you have to upload it. I don't think the owner appreciated how fragmented the real estate tech world is and how hard it would be to get data to run his algorithm. They have actually been around for several years and they did secure more funding last year so maybe the site will work better??

The problem, always with agent transaction data, is that the MLS doesn't separate out team data so you end up with the team lead looking like they do a bazillion transactions when they really don't, but the site doesn't reflect that the data is team data.

It's a tough nut to crack.
Yes, I'm personally for release of sales data as it would benefit me but I'm professional on the fence and see both sides.
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Old 02-07-2018, 03:23 PM
 
Location: Salem, OR
15,578 posts, read 40,440,822 times
Reputation: 17483
Quote:
Originally Posted by Brandon Hoffman View Post
Yes, I'm personally for release of sales data as it would benefit me but I'm professional on the fence and see both sides.
I'm totally fine with the release of transaction data, but there has to be a way to quantify team data. So if a team of 8 people does 140 transactions a year that is different than a team of 15 doing 140 transactions a year. Consumers need to know how many people work and contribute to that team so they can evaluate that team in the same way individual agents are evaluated.

Then you have the issue of when agents move companies. I know in my MLS that agent gets separated from their sales when they move brokerages. So you can have longtime agents look like they have never done any business if they move to a new company. My MLS works on a combination of company and agent name for data, rather than just agent name. It's weird.

That's why Redfin pulled their agent data when they tried this idea several years ago. It wasn't good data. The data wasn't designed for this idea, unfortunately.
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Old 02-07-2018, 03:38 PM
 
1,528 posts, read 1,589,271 times
Reputation: 2062
Quote:
Originally Posted by 2bindenver View Post
SOP 15-2 is • Standard of Practice 15-2
The obligation to refrain from making false or misleading statements
about other real estate professionals, their businesses, and their
business practices includes the duty to not knowingly or recklessly
publish, repeat, retransmit, or republish false or misleading statements
made by others. This duty applies whether false or misleading
statements are repeated in person, in writing, by technological means
(e.g., the Internet), or by any other means. (Adopted 1/07, Amended
1/12)

I do not see how Brandon's OPINION was either False or Misleading.


A Top Producer can be measured a lot of different ways.

ex: The Top Producer who pays us fees.
The Top Producer who has the largest number of team transactions
Top Producer who does the most Volume
Top Producer who does the most transactions
Top Producer who double ends the most number of transactions.

carry on...
False advertising suggests that they may be committing fraud or using deception. That's quite a serious charge by any measure. He better be prepared to demonstrate that it is false advertising using the appropriate legal standards. I think it's unlikely that this company is falling foul of legal standards for advertising as they very likely have lawyers to check these things.

I note that you stress OPINION which presumably means that you think Realtors can say whatever they want about other real estate professionals as long as it's couched as an opinion? Interesting interpretation but I think you'll find that this is wrong. If a Realtor goes around saying that it's their opinion that a competing broker uses false advertising, they better be prepared to back up that claim or they'll be in a heap of trouble (as this agent most likely should be). Unless those statements are true, the agent has misled consumers with those statements and very likely that would be found to be a breach of ethics. Just my opinion.

BTW, I was going to copy and paste SOP 15-2 here myself but I checked and it's under copyright so i didn't do it.

Seriously, I think it shows very poor judgment to be going on a public forum and breaching your code of ethics or even saying things that may be perceived as such. Just have some restraint. When you start to say negative things about other real estate businesses on a public forum read by thousands of people, don't alarm bells go off? Don't you think about your ethical responsibilities? It doesn't reflect well. Who wants a sloppy agent who doesn't pay attention to these things?
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