You Have Full Permission to Advertise My Listings

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The recent “Blogstorm O’ Controversy” surrounding the complaint filed by an Indianapolis real estate broker to MIBOR (Metropolitan Indianapolis Board of Realtors), and the subsequent “clarification” by the NAR (National Association of Realtors) that an agent can not post IDX/MLS listings that can be indexed by search engines has unleashed a flurry of reactions across the blogiverse, in the hallways at the NAR Midyear Conference, and beyond.

I won’t rehash the debate. It’s the reason I was invited to Washington D.C. to address the MLS Committee. You can read the initial post and its 372 comments on Agent Genius if you want all the gory details.

What amazes me the most about this mess are the things I keep hearing from (some) real estate brokers and others “in the business”:

“If I acquire the listing it should be my decision where, when and how it is displayed, and keep some details accessible only through me.”

“If it goes on Google, I want it to be under my company’s name and not that of my competitor.”

“Why should some techy agent outrank me in Google and get my leads from my listing?”

“We’ve let too much information get into consumers hands. We should be the keepers of listing information.”

“My listing shows up with their name on it, and leads I would otherwise be able to get are directed to my competitors site.”

“It’s my listing, everything should point back to my site”.

I could go on and on. To be blunt, talk like this sickens me.

Here’s what I just can’t wrap my mind around.

When I take a listing, the goal is unified and simple – sell the home. Isn’t… that… the… point???

I don’t take a listing to generate leads. I don’t take a listing in the hope that I will “double side” the transaction (a practice known as dual agency – where the agent represents both the buyer and seller in the same transaction). In fact, I abhor dual agency.  And I don’t see anything wrong with providing information.

So why, WHY would any real estate broker have a problem with their listing being splayed all across the Internet, and beyond? (assuming of course, all other rules and regulations with regard to advertising are followed. You Arizona types should pay particular attention to Commissioner’s Rules A.A.C. R4-28-502 ).

Well, the only thing that makes sense is some brokers DO want to generate leads from a listing and/or they DO want to double-side the transaction. Or perhaps they want to keep information out of the consumers hands so they can “add value” via data access.

Not this broker. I want to sell my listings. Period.

Standard of Practice 12-4 in the Realtors Code of Ethics states:

Realtors® shall not offer for sale/lease or advertise property without authority.

In other words, no broker can advertise a Thompson’s Realty listing without the authorization of the designated broker (that would be me).

If you’re reading this, consider yourself duly authorized.

You want to put one of our listings on your web site? Run an ad in the Sunday paper? Place a 2 page fully color glossy ad in Homes & Land Magazine? You want to hike up Camelback and sing the praises of our listings from the top of the mountain?

Knock yourself out.

Please advertise our listings. Send out mailings, buy ads, build websites – doesn’t bother me one iota.

And what if your web page / blog post / single property web site outranks me in Google? Will I go crying to my local board that it’s not fair?

Hell no. In fact, if you want help advertising one of my listings on the internet, call me.

I want the listing sold. Period. If you want to advertise that listing and help it get sold, more power to you. And if you get a “lead” from advertising a Thompson’s Realty listing, I hope it’s the strongest lead you ever get that leads to the biggest commission check of your lifetime.

(But you’ll owe me a beer)

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About the Author
Jay Thompson

I'm a real estate broker in Phoenix, Arizona and the publisher of the Phoenix Real Estate Guy blog. I tend to drive too fast and scream at the University of Texas and Denver Broncos football teams. My two kids are smarter than most adults I know and my wife is simply amazing.

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About once a week I get a "request to remove my listing from your website" from listing agents because their listings on my website rank higher than theirs. I send a nice "IDX explanation" and some leave it alone - a few often will dispute the spirit of IDX. I wish our MLS would do a better job of educating listing agent.
My recent post HOA- LID &amp SID – What Are All These Letters

Couldn't agree more Jay. I am a sales agent from Toronto Canada and I come across the same issue all the time. Some agents want to be superman/woman and make sure that they are the one who sell the property. A lot of times my request for permission to advertise is totally ignored. Sad thing is that I check the listing after a couple of months and see the house is still seating on the market. I always wonder what would their seller think.

Following all of the mess in the real estate area, I find it funny to note that many are bickering about leads and ranks and new gizmos and gadgets. If some spent more time on selling the property instead of side-things, they would be doing much better. Just my .02 cents.

Take Care,

Kudos to you for spelling it out in black and white. It's the "for the agent" vs "for the seller" mentality. What would sellers think if they truly got their arms around this issue. I have never once understood this hoarding mentality (at the sake of the sellers to boot) that some agents/brokers have. Wake up people, Karma will get you and while the rest of the country progresses, you will be buried in your antiquated and selfish ideas. The consumers of today and tomorrow are a far cry more sophisticated and savvy than those of yesteryear. How will you justify your behavior when questioned by your seller? How about getting "tech savvy" and marketing your own listings? That is the answer, not hurting your seller's by being selfish and greedy!

Jay,

Well said ! If the other agents are upset about their lack of their own marketing and advertising, they can certainly step it up !

But the big picture like you said, is getting the... listing... SOLD !!

**Chris Somers´s last blog post..An Unusual Tour Of Philadelphia. On The Streets Again On First Friday !!</abbr></abbr>

I've been active on Twitter and social networks for a while now, but still consider myself and "old schooler" when it comes to being thorough. That said, working smart by using these technologies only makes me stronger. It surely does not put me at a disadvantage! Great post, Jay.

**Petra Norris´s last blog post..Lakeland Florida – A Great Place to Live</abbr></abbr>

Too many agents treat listings as a commodity. If the only value add you have to offer are listings you forward from MLS etc you should have your license revoked!

**Chris Fyvie´s last blog post..Midtown Toronto Office Space - May</abbr></abbr>

Hey Jay, what are some of the things we can do to make sure the NAR knows we don't think Google is a scrapper, and that we WANT our listings on as many internet search results as possible? Beyond just writing the NAR, are there other things we can do to make sure our views are heard?

I would agree-it seems silly to get upset at someone else advertising your listings-as long as the home sells, I don't care who all was putting out ads for it-I just want my client to get the fair market value as quickly as possible.

This is great! I fully agree with you! Our focus is the client and what is best for them, which is to sell their home. The more places it's advertised, the better chance it has to sell. The buyer leads are a great by-product of that. And no one person/team can possibly capture and service all of those leads anyway. The more you give the more you receive!

Paula,

I applaud this. The NAR, MLS, board's, brokerages are nothing without agents. Each of them get to open their doors, pay their bills and operate by the good graces of the $'s you earn and remit to them. Over the years they have become mighty. But they have forgotten who they serve and why. There are one million real estate agents who need to remind them along with 5 million yearly real estate customers who can help out. It is incumbent on every agent to do more than they are to enact change.

I am not an agent. If I were I would scream from my little mountaintop. But in an effort to help I am going to use what soap box I have (Twitter, et al) and bring attention to the petitions and this situation.

Marc

**Marc Davison´s last blog post..Secrets, lies, real estate and Zappos</abbr></abbr>

Marc - I couldn't have asked for a better REALTOR, person, representative or "stubborn mule" to go to DC with me and speak for REALTORS throughout the country.

I believe a portion of why I am the poster child for "outdated" NAR policy is because I quit hanging with the big brokerage in January. I went with a independent broker who shared the same ideas about the use of technology. I run my office from home, like I always did, I just quit paying for an expensive logo and a brick and mortar building.

My broker and I both have websites which rank well. We would have had them seperately, but I wanted a broker who knew what he was doing; one who wouldn't tell me I can't blog or have a better website than him.

A jealous "independent" broker decides he doesn't like it and reports me, and MIBOR takes the position which has led to where we are today. My previous broker would not have known what I was talking about and would have probably told me to do what MIBOR told me to, without a fight. There are a bunch of "good ole boys" who do not want change, so the rest of us have to move forward and carve a path for the future we want to see.

I’d love to see and read about an agent who decided that instead of using their time to type the words “great post Jay” drafted a petition that gets sent around real estate collecting of signatures of agents who demand NAR change policy.

You're right we need to take action and let NAR know how we feel. I have put up a site where agents around the country can sign a petition about this one policy. Maybe, just maybe - if nothing else, NAR and local boards around the country now realize the power of a small group of REALTORS who are blazing a path for change in the industry.

Jay - I hope you don't mind me publishing a link to my blog about this - if so, delete :)

Please sign and let NAR hear your voice. If they don't hear from enough of us, they may believe it's not an issue we really care about. Six months is a long time!
http://GoogleIsNotAScraper.com

**Paula Henry´s last blog post..12763 Plum Creek - Carmel, Indiana</abbr></abbr>

Marc -

Accolades don't do me any good. Now free beer on the other hand.... ;)

I would LOVE to hear some discussion on what you are referring to in your last comment. This industry needs change - significant change.

My wife and I formed out own brokerage just over a year ago, leaving behind the comfort, and gold jackets, of a Century 21 franchise that was stuck in 1980. It wasn't easy, it was damn hard in fact. But we've got nine other great agents and we're doing just fine.

Will one little independent brokerage change the face of real estate? Nope. But imagine if everyone that commented here did the same thing. Then consider that for every person that comments, another 100 read the post and agree with it. What if all of them took some steps to affect change?

Something has got to give. The old school mentality drives me insane. Fortunately I'm stubborn as a rented mule and I won't give up. The easier thing to do would be to say "Screw it" and go find another job. But I'm not one to take the easy way out.

"Jay, sorry to use your blog as a bully pulpit but personally, I have so much respect for what you did..."

Thanks Marc, and do not be sorry!

"Great post", "Amen", "I'll buy you a beer" "you can advertise your listing on my site"... jeez guys, is the best you all can do?

In the spirit of what Jay did and started here I challenge you all to try and do more than than just chime in and leave your breadcrumb. We get it, this is a great post. But now what? Is acknowledging it all you can do? What I would love to read here are stories about agents who left their weak-minded brokerage and joined the other brokerage in town who bucks the system or if there are no brokerages like that locally, decided to get their own brokerage license and take matters into their own hands.

I'd like to read about the agents who decided to screw it and until change occurs stop sending any listings to the local MLS and in the process convincing others in your marketplace to do the same.

I'd love to see and read about an agent who decided that instead of using their time to type the words "great post Jay" drafted a petition that gets sent around real estate collecting of signatures of agents who demand NAR change policy.

I'd like to see what you would do if you MLS ordered you to remove your children home you listed on your home page. Would buy Jay a beer then?

Somehow I doubt it.

I don't speak for Jay. Maybe he loves the accolades and could use all the free beer he can get. What little I know of Jay, and of the two days he sacrificed to go to DC and represent, I'm willing to guess he's far more interested in changing this business than collecting comments and getting pats on his back.

This is a great post. But its greatness will surely wain if you, his peers, don't feed this section with comments that detail the action you're personally taking to right the wrong this post alludes.

(Jay, sorry to use your blog as a bully pulpit but personally, I have so much respect for what you did, I chose to not leverage it as others have and write about it on my blog. And for the record, I am not a Realtor but I would be happy, thrilled even, to lend whatever hand I can to help the cause of cleaning up and removing all the backward mental refuse in the business.)

**Marc Davison´s last blog post..Secrets, lies, real estate and Zappos</abbr></abbr>

I am ever amazed by the thought processes of people in this business-aren't we here to sell homes? And help people find homes? I'm all for anyone anywhere advertising my homes to potential buyers; I'll buy you that beer, too!

**Jim Dolanch-Pittsburgh Real Estate Expert´s last blog post..Pittsburgh is One of the “Best Cities for a Fresh Start”</abbr></abbr>

AMEN!! As REALTORS, we should be focused on selling our listings-not getting all upset that someone else might get a lead from one of our listings! If someone wants to help me with advertising my listings, I'm all for the free help! I'm also with you on the beer-if we somehow get leads for each other we will have to have a virtual toast.

As said in the 70's Right On - now I know why NAR asked you to go to Washington

**Cindy Knight´s last blog post..Happy Mother's Day</abbr></abbr>

Great post Jay. I agree 100%. Our goal should be to sell when we get a listing. The more the listing is advertised, the quicker it should sell. I have always had a hard time understanding the other side to this argument.

**Brad´s last blog post..Mippin feed validation KEY=6cbc884b</abbr></abbr>

Well said Jay!! and to the Indianapolis real estate broker who complained and MIBOR (Metropolitan Indianapolis Board of Realtors) you should be ashamed of yourselves. Your ignorance of what the buyers and sellers want is astounding.

A realtor I just hired did the same thing for property up in New Jersey. First, I am not sure why/how the agent was able to find it anyway, but he did. He called me and reemed me out saying he was going to call the board. Normally I am more professional in altercations, but I was pretty curse happy with my response to him. Basically I summed up what you are saying with every other word being F, S, B, C...you know what I mean

**Scott´s last blog post..REO Duplex Investing</abbr></abbr>

Great post Jay! Your statement "When I take a listing, the goal is unified and simple – sell the home. Isn’t… that… the… point???" is surely how sellers feel. You are looking out for the best interest of your sellers, which makes you an outstanding Agent. My husband and I are interested in selling some land and I turned down an Agent when he said he doesn't syndicate listings. I heard the story "I put them in the mls and on Realtor.com and that works". He didn't believe in syndicating. I couldn't help myself to send him a detailed doument and stats of why he should be syndicating and of course with that document I informed him we wasn't the right Agent for us.

My personal view is that every broker (with approval of their sellers) can advertise their listings wherever they want. Let's be realistic, ones fiduciary duty does not include spending oneself broke advertising which would likely be the result if purchasing non-Internet advertising "everywhere". The Internet is an unique advertising media. A listing on a single website/webpage can be found (subject to half decent SEO) by anyone, anywhere, with a computer and Internet access. And, yes it does require that search engines index information so their users can be directed to web pages.

Are 3PAs such as R.com, Trulia, Zillow, and whatever follows next viable advertising? Yes, in the sense that they are well promoted and have high level SEO so they are positioned to compete favorably for page ranking and likely to be quickly found. It is also true, that if 3PAs disappeared tomorrow, buyers would still be searching the Internet and would wind up at the broker's or an IDX website/webpage.

It is not likely many brokers will soon follow broker Reddehase's courageous stance of not submitting his listings to 3PAs. But, if they did, brokers could eliminate the "middleman" position currently held by 3PAs who invited themselves to the real estate table and, in fairness, were naively welcomed. In the meantime, as long as brokers feed 3PAs their listing data, 3PAs will be at the table.

Gregory - haha! that's great!

**Paula Henry´s last blog post..12763 Plum Creek - Carmel, Indiana</abbr></abbr>

Thanks, Jay. But, can I advertise your listing, get some leads and sell them back to you? ;-)

What crazy is that even if they somehow win, the listing agent is still going to be competing with third party sites that aggregate listings.

**Ki´s last blog post..Austin Real Estate Statistics For March 2009</abbr></abbr>

Amazing that a listing agent would NOT want free advertising for their client, especially if it is on a well ranked site. I offer to blog about listings from other offices that do not have any web presence, when they say no, I just smile and move on.

I love how you keep it real. To the people that say "you've been lucky" kick rocks!

THANK YOU!!!

All these real estate guys that are running around crying about technology need to grow up!!! It's a different world and no amount of legal mumbo jumbo is going to change that. The information is out there.

Get with the game or go home!

Best regards,

San Diego Property Management

"the complaint filed by an Indianapolis real estate broker to MIBOR (Metropolitan Indianapolis Board of Realtors)"

I don't know who this broker is, but focusing on the source of the problem is very important in solving the problem.

Listing brokers and their old school business model is the problem.

Changing scraping and indexing rules is busy-work.

Boom - right here - this is where it starts. Scott, don't try telling that to your old school broker (pardon my intrusion Lee). Instead, take your license back from and go find yourself the most progressive broker in your marketplace. In fact, do what you can to influence every single agent you know to leave that artifact of a broker behind and follow you to whomever is thinking clearly. Clearly is what Jay has offered here followed by the cheerleading squad. Represent the customer. Do what's right by them. The rewards that will follow will be extraordinary.

This is a plea to every agent reading this - if your broker is a dinosaur - take back your license. Eat the cost of new business cards. Absorb the time it will will take to email your clients letting them know you have moved on. Explain to them why. And how this move was done to better serve them. And go find the best broker, the smartest broker, the person who is going to help lead you and their company into a better real estate industry.

**Marc Davison´s last blog post..The Susquehanna Real Estate Company</abbr></abbr>

"It’s unethical to act int he best interest of yourself in this situation."

Scott, try to tell that to your typical "Old School" listing-broker and he will laughingly show you the door.

Find a broker who puts the client first, like Jay seems to be doing. Better yet, speed up your own broker license so that the world has more client-centric brokers in the "real" estate world.

This is very interesting to read. I will be getting my license over the summer and am always looking to learn what the best practices are. I agree that having your listings spread over the internet is the what your goal should be. It will help you sell the house. It's unethical to act int he best interest of yourself in this situation.

**Scott Costello´s last blog post..House Research and Seller Questions</abbr></abbr>

Marc, I think that the Tipping Point is nearing. . .http://rebarcamp.com/ Check the sponsors.

I hear ya Lee and I agree, lots need to change. But change will not occur unless people take action beyond posting "great post" comments or offering up their own bad experiences as proof things are rotten in this state of Denmark. I'm suggesting more needs to be done.

**Marc Davison´s last blog post..The Susquehanna Real Estate Company</abbr></abbr>

Jay, the current real estate business model is designed squarely for listing brokers to benefit from. Check this out:

“By focusing on seller listings, they put the two biggest advantages in the business to work for them:

1. Economic Advantage: Seller listings, as cost of sale, are less expensive to obtain than buyer listings and sales. At a cost of sale of around $100,000 vs $600,000 for the same volume of buyer sales, the Millionaire Real Estate Agent realizes a $5000,000 cost savings.”

2. Lead Generation Advantage: Properly marketing seller listings not only begets a 2 for 1 (1 seller = 1 buyer) but also begets more seller listings. Until a way is invented to effectively market buyers so sellers will contact us, marketing the seller has a huge leverage advantage for the real estate agent.

Millionaire Real Estate Agents are seller listing lead generators first, marketers of those seller listings second, and buyer listing lead generators third. Any other order and the odds of achieving millionaire sales numbers drop dramatically.”

Source: Gary Keller, founder of Keller Williams, “The Millionaire Real Estate Agent, Rellek Publishing Partners, LLC. 2003.

Honestly guys, as an outsider I think it's great you are all doing the rah rah over here, I'm sure Jay will agree with me, this is not how you make change happen. You need to take action. Writing comments is cool, don't get me wrong but your MLSs' folks aren't going to change as a result of a 50 comments.

Do something real. Stage a List Out. For one week, every agent in America refrain from placing any listing they get into their MLS. Pocket it. Put it on Craigslist. Ignite it on Zillow. Blog it. And let the Google wind blow across your bow and sail that listing to their open seas.

Don't worry about your sellers. That's a situation you can handle. Their listing will still be promoted. Just not on the local MLS where their home is controlled in a way that hurts them. Explain that to them. Stand up for your client and yourselves and do something real to make a better industry.

If this is too extreme, cool. Reign it in a bit. But do something more than issuing a "great post Jay" ditto. This is a great post. Jay did a great thing here. He planted a seed. Water it!

**Marc Davison´s last blog post..The Susquehanna Real Estate Company</abbr></abbr>

"I want the listing sold. Period." I'm pretty sure that the seller who is paying the commission has the same outlook and that's who a listing agent has a fiduciary duty to. Was this guy absent that day? I'm with you, Jay...and I'll buy you a beer anytime.

**Lisa Heindel´s last blog post..Terrytown and Gretna LA 70056: April 2009 Home Sales and Real Estate Market Reports</abbr></abbr>

Rock on, Jay! I'll buy you a beer anyway, any time, any place. I don't need a reason, other than you always tell it like it is...or should be. To paraphrase a quote I've seen many times, "The Internet won't replace Realtors(r), but Realtors(r) who use the Internet certainly will." The ones who don't want to put their listings in front of as many eyez as possible...go sell Amway or something, and let the Realtors(r) who "get it" do what they've been charged to do: sell their clients home.

**The Harriman Team´s last blog post..Mortgage Rate Update 5/15/2009</abbr></abbr>

Well said Jay!

Why wouldn't someone want other agents to hep them do their job? What those complaining agent don't realize is that the leads I come up with, are probably people that wouldn't find their home if I didn't show it to them. I'm not taking leads away from them, I am creating leads for myself! Also, they forget that I don't own google......If they want to rank highest on google.....then get yer arse to work........it's just that plain and simple.

Glad you went to DC. For once there was someone there with some common sense!!!

Can I hear an "AMEN"? Exactly right to all of it ... every single word.

Bill Gates - "In the new millenium, there will be two types of businesses: Those doing business on the internet, and those going out of business."

Hope I got that right or close enough - think he said that back in '95 or so......

These are probably the same agents that bemoaned the advent of Buyer Agency and Lockboxes.

I'll buy you that beer, Jay. Just the Keyword Luv alone is helping me crawl up the rankings locally.

Navy Chief, Navy Pride

**Joe´s last blog post..Can the $8,000 Tax Credit save VA Buyers ?</abbr></abbr>

Maybe I'm confused. If someone does not want their listing displayed all over the web, can't they just opt-out of the IDX? That's the stance of the RMLS in Portland, and I'm pretty sure I read that in the ARMLS IDX rules. Please correct me if I am wrong.

**Benjamin Ficker´s last blog post..Gilbert Real Estate Statistics: Week of May 19th 2009</abbr></abbr>

Benjamin -

Every MLS I know of allows a broker to opt out of having their listings in the IDX feed.

This appears to be a case of some guy wanting the best of everything. He wants his listing out there, but wants to be the only person who ranks for it on Google.

That is what is so stupid about this whole thing. I can see the other agents point if he wrote a blog post or single property site and just used it to trash the property. And if they are worried about scrappers, the Diverse Solutions feed has links back your site anyway!
I just listened to the RE Tomato call you had and heard something about "not making it easy for scrappers." The problem is we are real estate agents, not tech gurus. I guarantee whatever I can come up with to make it harder, they know a work around.

I had hired a firm to distribute my listings all over the web... only to find out yesterday that they were calling my listing a "condo/townhouse" when it posted to Trulia and Zillow. Holy crap!

Yes, I fired them immediately. (But honestly feel that I should have spotted this last week, darn NAR conference drama)

So I have learned to double check the data because I may have lost a potential buyer. Because we do have "condo townhomes" where the monthly fees are outrageous and buyers quickly pass on these.

I get paid only when I sell the place, that's why I want it everywhere.

**Doug Francis´s last blog post..No short-term loans as HUD pulls the plug</abbr></abbr>

What's there to be surprised by? Really.

**Marc Davison´s last blog post..The Susquehanna Real Estate Company</abbr></abbr>

Great response here, Jay! I'm happy to see so many agents who get it, who are not afraid a buyer may find their listing on another agents site.

Thanks for writing this - I didn't write much locally, but your post got the attention of Greg Cooper, who I have met and he is also taking up the cause locally. Best!

**Paula Henry´s last blog post..Indianapolis Neighborhoods Receive Funds for Revitilazation</abbr></abbr>

Everyday- I never cease to be amazed by the people in this industry--WTF.

**Mark Eibner´s last blog post..Live Streaming Coverage of REBarCamp Denver from Event Sponcor BrokerIPTV</abbr></abbr>

Amen Jay. My contribution to this controversy is to not read any of the comments and protect myself from getting infuriated over those who disagree with you. In my world, an listing agent is hired to represent their seller. That means, sell their home. Not use it to show the world what they look like or how many dogs they own or love. Their job is to sell it, sell it fast and sell it for a good price. That means getting it seen everywhere.

Scrapping? What crap. What Google does is a gift that every single MLS should consider blessed by because it's an answer to their agent members prayers of free advertising.

MLS's better get it's priorities straight. Damn snappy too because one day, sellers are going to wake up and realize that if signing over the copyright of their home and their listing to an MLS who renders their agent bound up in a straight jacket of rules about how that home can be advertised, a revolt of some sort is bound to happen. And I am pretty sure that revolt is already afoot.

Well done Jay!

**Marc Davison´s last blog post..The Susquehanna Real Estate Company

Wow, that's gotta be one of the worst agents I've ever heard of. It's almost the same concept as having a bank check a person's ID before they deposit money in my account :)

**Lee Hasson´s last blog post..50% Increase in Arizona home sales!</abbr></abbr>

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