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May

31

NAR/DOJ settlement: Much ado about nothing ?

Filed Under Economy, Marketing, Real Estate, Technology | Leave a Comment

Seems that the Economy and the Political scene in this hot election year has caused the DOJ to re-think their approach on the battle with the National Association of Realtors. The case was settled this week or rather it appears that the DOJ gave up, because they did not want to seem unsympathetic to the plight of the industry as a whole, given the political climate et all in the U.S. right now.

The reason I and others say gave up is because, we do not think that the DOJ went far enough into really scrutinizing the MLS control issues.

One thing they did do was help free up the hold on VOWs, and that in it self may not have been a good thing depending on how you view the situation.

So what is a VOW anyway ? A VOW is basically a Virtual Office. One description I have often heard is in reference to the difference between an IDX platform and a VOW. VOWS differ from IDX by essentially taking the IDX platform at least one step further.” VOWS are “private business platforms that are designed to facilitate actual transactions” by registering consumers and delivering them as leads to other companies and sales agents, in some cases.

Here’s one of the key-issues that was discussed by NAR and various Multiple Listing Services on how VOWs operated.

“Some MLSs have objected to VOWs putting information on sold, expired or withdrawn listings on the Internet, saying that it makes it easier to mine data that belongs to their members.”

The settlement, in effect says the Internet and innovation is going to be supported, and you have to allow competition to come into this space. Some brokers don’t like the changes and are trying to protect their business. This says you have to compete fairly.”

To put it in laymen s terms.

If a consumer visits a Realtor or Brokers web site with MLS listing data supplied in an IDX (Internet data exchange) format, most likely the consumer will be able to browse and research data without being required to verify an email address or create a log-in account. However with a VOW site, the consumer has to create a log-in, or leave identifying information to be able to access the data.

One such site is ZIP Realty, whose CEO made the comment’s above. On their site you can enter search criteria for an MLS search however, you cannot view any details of that data, including pictures on their site without registering first.

Only time will tell now how NAR and the MLS’s continue to move forward in the integration of technology

One thing is for certain though, and that is that the monopolistic polices adopted by some MLS boards will continue to garner scrutiny by other state and federal agencies. In that venue the Justice Department is currently engaged in a lawsuit over policies adopted by an MLS in South Carolina, as an example, and the Federal Trade Commission is engaged in a lawsuit with a Michigan MLS.

If you interested in more details on the major talking points, I will defer to the excellent post by non other than Mr. Greg Swain of the Bloodhound Blog.

Look here for the details of the DOJ/NAR proposed Final Judgment,

In closing, I must confess that, Greg’s blog is what I one day aspire to be when mine grows up. Maybe not on this blog, but then again you never know ?

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May

8

DOJ sets sights on more MLS boards

Filed Under Marketing, Real Estate, Technology | 2 Comments

050808watcher As the DOJ case against NAR enters into a critical path this summer, the DOJ is starting to take aim at other players in the MLS game. This is only the beginning and it is very apparent to many, that NAR’s iron fisted rule on the MLS will not come out of this unscathed.

Having interacted with over a hundred of the top MLS’s through the United States I can say from my perspective, that this is going to be welcomed with open arms for those wanting to open this up to the masses and to help create a free and unfettered access to this data. The way it has been controlled has got to change. The times and the technologies brought to bear in today’s digital world that we live in are also changing and this is another one of those changes that is coming soon to an MLS Board near you.

Barry Cunnigham over at the Blood Hound Blog wrote a great post on the latest foray into this battle The War Against The MLS Continues | The MLS Must Fall!.

It is worth reading and before you comment, you should arm yourself with the knowledge of actually reading the content of the complaints as filed by the DOJ (links are in the posts - his and mine). Also, be sure to check out the article I wrote back in February 2007 that goes into more background and details on this. MLS Data compliance and NAR vs. DOJ

Related Posts:

MLS Data compliance and NAR vs. DOJ

New Technology and Real Estate Agents

DOT HOMES submits to US Real Estate BROKERS - dont worry - be happy !!

Mar

10

DOT HOMES submits to US Real Estate BROKERS - dont worry - be happy !!

Filed Under Economy, Finance, Marketing, Real Estate, Technology | 2 Comments

Earlier today I received the following from DOT HOMES:

New pingback on your post #117 “MLS Data compliance and NAR vs. DOJ “

Website: BYTEPLAY ? Blog Archive ? For US listing brokers (IP: 195.62.28.205 , www.ec1m.net)

URI : http://www.byteplay.com/blog/archives/57

Excerpt:

[...] [...] some of the ensuing controversy (Lenderama, CBS5.com, InmanNews, GreaterTampaBayRealEstate), I?m going to attempt here a crude recap of my conversation with Kevin. If you?ve any [...] [...]

This is related to an earlier post I made regarding the DOJ’s lawsuit against Realtor.com and the issue over MLS (Multiple Listing Service). It appears that the presence of this new venture on the scene in the Real Estate Search community, had ruffled some feathers of a few of the Top Real Estate Brokers (BLOGGERS). Some suggested that what Dot Homes was doing may not be entirely legitimate or in compliance with MLS regulations.Seems that this answer is right on the money: After you have clicked on the link above you will also see my reply:

“I think this is an excellent review of Dot Homes capabilities as well as highlighting the short sidedness of many Brokers in the Real Estate industry today. I don?t think you can explain it any clearer than this. This is a tool that Brokers should welcome with open arms?especially given the current economic climate.
Also, keep in mind that there are well over 150 MLS associations in the U.S. alone, that all have their own version of what constitutes compliance. This entire MLS issue is so overblown and in many opinions has been the major issue that has suppressed innovation and competition in our industry. Why else is the US DOJ going after Realtor.Com with such vigor? Could it be that they represent monopolistic tendencies when it comes to the MLS ? Going forward, I think this kind of makes Kevin?s entire comment on the MLS issue kind of baseless. ”

MLS Data compliance and NAR vs. DOJ

Mar

9

The lazy agents way to collect a paycheck

Filed Under Buyers Tips, Economy, Marketing, Real Estate, Seller Tips, Technology | 1 Comment

I was working another post and in my research came across a comment from Marc Davison (1000 Watt Consulting Blog) that really fit the exact phrasing for what I was trying to convey. ?Mmm, when did not having to work hard become the path to success? Oh yeah, 1997-2005. I wish we can scroll back time. I wish I could sit around and collect paychecks by doing little or nothing.?

The comment above was in response to a post regarding implementation of Web 2.0 services by Realtors, or lack there of. Things like this blog for example. Yes there are quite a few of us that GET IT especially when it comes to Tampa Bay Real Estate. Blogging and Real Estate seems to be a bit more lofty of a goal for too few. We, are a rare minority in the scheme of National Real Estate statistics. Ok, so where am I going with this ?

Well, besides the whole Real Estate Technology thing, I think one of the larger problems with our industry is the lack of oversight by the Brokers, much the same has transpired with the mortgage industry. No way your saying?.say it isn?t true ?

Let me share these two small stories with you to help explain my point.

1. A local Buyers Agent works with an out of town client (out of town meaning out of State or out of the Country) who wants to invest in a large home and has a set price in mind. The agent locates a suitable home and helps to buy the home at the full asking price of the seller. Where this gets interesting is that the agent never attempted to negotiate for a lower price for the buyer. This agent in doing this deal just added to the entire housing industry mess we are in. How ? because this agent was truly un-ethical, greedy and lazy to boot. In the current market, not even attempting to negotiate for your client to gain a better price is shameless, regardless of how much money the person has.

2. A seller negotiates with a client to list their vacation home at a reduced rate of 2% if the deal is split between buyer and seller agents. So this agent takes a picture from the client and lists the home on the MLS and waits for the buyers to call. What?s wrong here ? The Agent took the clients picture (which by the way was a very bad shot of the home). The agent did not take any pictures of their own or even suggest to the client that they would need additional pictures to help advertise the listing. There also, was no mention or suggestion of Virtual Tour or brochures (oh, I think the client did the brochures?) and no web marketing. Meaning the listing was not advertised anywhere except the MLS, the Brokers site and Realtor.com (with-1 photo). So now the home has little to no chance of getting a buyer in the current market.

Our industry has gotten a huge black eye lately and agents like these don?t help make it any better. A lot of the agents are the ones that are complaining that Web 2.0 technologies are too hard or complicated. They are the same lazy ones that act as I mentioned above. Those of us that really go the extra mile for our clients continue to get maligned in the media because of our industries lack of oversight in cases like this. And who is to blame ? Mostly the same lazy brokers that are allowing this to happen. Either they are too lazy to educate their teams or they have no clue? It?s time that our industry started to gain a better hand at managing the ethical ways in which we conduct business.

Our clients are getting smarter and more savvy at technology. I think it?s time for an over haul of our Realtors ethics pledge, or rather the methodology to ensure that the agents and or brokers that allow this are sent packing.

If your a home owner that has had a bad experience like this or even an agent, speak up.

Do you agree ?

Disagree ?

Maybe you have a better way of addressing this ?

Inquiring minds would like to know ?

Please leave a comment.

Why we should embrace change

MLS Data compliance and NAR vs. DOJ

Feb

20

MLS Data compliance and NAR vs. DOJ

Filed Under Helpful Information, Marketing, Real Estate, Technology | 3 Comments

SpinCylce Marc Davison of 1000 WATT Consulting wrote an article for Inman Real Estate News recently that was in part an answer to a discussion that had been started over at the 3 Oceans Real Estate Blog site, regarding the entry of a New Search firm in the real estate arena called DOT HOMES.

Both posts elaborated on the issue of compliance of IDX data within the search realm. I think this is a good topic to continue because in my humble opinion I think that Marc and Kevin both missed on discussing an important aspect in their respective discussions. While I commend both for bringing up the topic they do not fully detail the problem or the issue at hand here.

Yeah.. Marc does a good job of describing the facts ?that home sellers are not interested in this issue other than they want to sell their house and want the listing data displayed anywhere an every where that will give them a possibility of attracting a buyers attention.?

The problem I have with the context of the issue is that both guys refer to the data as the Brokers Data and that it is a broker issue. That is only partly correct. The larger issue over control of the data that both failed to mention, is the control of the listing data by the local MLS boards. (Multiple Listing Services)

Let me explain for the layman here; Brokers have to pay fees for the IDX (Internet Data Exchange) or RETS (Real Estate Transaction Standard)feeds and many of the MLS Boards have draconian limitations on how and where the data can be displayed. Part of the issue also runs into fairness, competitiveness and the rules of fair play, when they (MLS Boards) appear to have different rules for different brokers and vendors based on who is in this month with a particular MLS board.

Take for example the Utah MLS board. They won?t provide an IDX feed unless you pay thousands of dollars a month. Yep you go it right, THOUSANDs. Another one I have personally dealt with in the past was Lake Tahoe-Incline Village MLS who are so overly protective of their data streams, and these are only a few off the top of my head that I can readily recall of the many MLS’s across the U.S. Who are they protecting though? In the current housing market they are killing the careers of the very people they claim to protect.

MLS Compliance is a rule who?s time has come and gone and should be done away with to better the industry as a whole. In it?s current incarnation it is behind the times, out in left field. In fact you could even say that the current policy?s of the MLS boards are effectively holding your homes listing data for ransom, adding to the quagmire of all ready declining home sales.

I think the the MLS boards are going to have to adopt some type of open source protocol on a national platform, so the likes of DOT HOMES can readily disseminate the data to those consumers who are looking to buy.

I really am not one to advocate the Federal Governments intervention in business, but as the U.S. Justice Department continues it?s probe into NAR?s (National Association of Realtors) business practices it might behoove all of us if they take an even closer look at how the individual MLS? are run and controlled and whether or not NAR?s influence has anything to do with the issue.

NAR has been working to formulate the new rules into what is called the Internet Listing Display (ILD) which is suppose to replace the current IDX and RET?s policy?s. Most of this is as a direct result of the FED?s probe. To date the standard has not been completed and the FED?s initial probe completed in November 2007. A court date of July 7, 2008 has been set.

This is what NAR has posted on their site: NAR strongly disagrees with the government’s contentions and is vigorously defending both the MLS as a vehicle for broker-to-broker cooperation as well as the ability of a listing broker to control the use of that brokers listings on the Internet by competitors.

The problem as I see it is; that the MLS? boards have way too much control and are stifling competition by not allowing those with valid business reasons access to the data, with out putting often times unjust qualifications or access fees for the usage of the data.

Either way there needs to be change in the way business has been done in the past to accommodate future technology and the changing way in which consumers conduct research to purchase homes. My research on DOT HOMES also shows that they provide a direct link to the listing agent without having to drill through tons of minutiae. And that is a good thing !