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Opinion Editorials

Realtor background checks include reputation, character: legal?

Background checks on Realtors and Appraisers are not new, but including DMV records, reputation, and mode of living, is new. Without obtaining your permission, is this even legal?

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questionable background checks

questionable background checks

A questionable new industry standard

We have a new “industry standard” making an appearance for both Appraisers and Realtors®. Those of us who do work with Appraisal Management Companies (AMCs) and complete Broker Price Opinions (BPOs) are being asked to submit to and pass mandatory criminal background checks – “to ensure that every person who conducts business on their clients’ behalf observes the highest of standards and professional ethics,” according to an email from the LSI Division of Lender Processing Services (LPS).

This isn’t exactly new in terms of many states’ professional licensing protocol, or even the majority of most companies hiring policies these days. It is a subpar procedure in the way that the policy is being implemented, and possibly a violation of the Fair Credit Reporting Act (FCRA).

States which require criminal background checks for licensees utilize their own State Bureau of Investigations and FBI databases to determine if there have been any felony or misdemeanor convictions. Some states will also look at court records for additional information, if available online. 

The current requests for background checks

The current requests many of us have been receiving for background checks, from companies like LPS/LSI (a preferred valuation partner of National Association of Realtors’ (NAR’s) Realtors Property Resource (RPR), and thereby those Realtors® who hold NAR’s Broker Price Opinion Resource (BPOR) certification) along with DataQuick, are being conducted by third parties, such as LexisNexis and Sterling. 

At least as far as LPS/LSI is concerned, in their email, which includes a link to LexisNexis, and explains that four questions will have to be answered to verify identity, which product to select (there was only one option), it also says what LPS/LSI wants SSN verification, a felony/misdemeanor record check, a national criminal record file check, and a global sanction search. 

However, upon getting ready to pay for (yes, Realtors® and Appraisers have to fork over the bucks for these) these verifications and searches, LexisNexis has a disclaimer/authorization as to what they themselves may be pulling up, looking into, whatever, and it’s a hell of a lot more than mere criminal records. 

Reading the fine (and questionable) print

According to the LexisNexis website, items may include; “information regarding my credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. This report may be compiled with information from credit bureaus, court record repositories, department of motor vehicles, past or present employers and educational institutions, governmental occupational licensing or registration entities, business or personal references, and any other source required to verify information that I have voluntary supplied. I understand that I may request a complete and accurate disclosure of the nature and scope of the background verification; the extent such investigation includes information bearing on my character, general reputation, personal characteristics, or mode of living.

It is one huge leap from requiring criminal records and verifying identity to potentially pulling credit, other court records, DMV records, speaking with past employers, personal references, obtaining school records, and digging into one’s character, reputation, or mode of living – a person’s way of life (which is quite subjective – does one become disqualified if their “way of life” is gay, anti-semitic, or nudist?). 

While LexisNexis has a nice CYA in the form of a checkbox authorizing the go-ahead and appears to be in compliance with current laws, LPS/LSI has failed miserably at doing so – enter the potential FCRA issues. LPS/LSI did not, in the email sent out to current providers like myself, give notice of the policy change, i.e. that Appraisers and Realtors® would be subject to background checks and ultimately have an investigative consumer report compiled as a condition of employment, separate from any other information, nor did they request any kind of permission to obtain said reports, written, verbal, or electronic.

Time for Appraisers and Realtors® to defend themselves

Per the FTC, employers also have obligations under the Fair Credit Reporting Act. When background checks are conducted for employment purposes, including, hiring, advancement, or maintaining an employer/employee relationship, a disclosure must be given out, and it must be separate from other information. Consent from the employee has to be obtained, preferably in writing. If investigative consumer reports will be used, an additional notice has to be given out that one may be generated, and that the employee has a right for additional disclosures and the scope and summary of the report.

There are times when Appraisers and Realtors® need to join forces and become advocates for ourselves. This is one of those times. We have to know our rights (and we do have them) instead of rolling over and taking it, because something may be becoming a new standard in the industry.

Katie Cosner, occasionally known as Kathleen, or KT, is a Realtor® with Cutler Real Estate and is active in her local Board of Realtors® on the Equal Opportunity & Professional Development Committee. She has been floating around online for a number of years, and is on facebook as well as twitter. While Katie has a few hardcore beliefs, three in the Real Estate World to live and die by are; education, ethics, and the law - insert random quote from “A Few Good Men” here. Katie is also an avid Cleveland Indians fan, which really explains quite a bit of her… quirks.

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7 Comments

7 Comments

  1. VickiMoore

    July 6, 2012 at 12:04 am

    I had to do a lot of back spacing to get to this answer…calling it “quite subjective” is quite polite.  “…and any other source required to verify information,”  really?

    • Katie Cosner

      July 6, 2012 at 7:42 am

      @VickiMoore This is why i have some major reservations about the whole thing. This type of report doesn’t limit a third-party from speaking with neighbors, friends, or going through social media sites.

  2. JohnDeSouza

    July 9, 2012 at 5:31 pm

    I wonder what exactly is “mode of living”?  Further, what would be an acceptable “mode of living”?

    • Katie Cosner

      July 9, 2012 at 6:08 pm

      @JohnDeSouza Ha. You have *no* idea the lengths i had to go to find the definition to that. It’s really just how one operates, who they hang with, what they do in their off time, where they shop, what they buy, that sort of thing.

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Opinion Editorials

20 bullsh*t buzzwords that should be banned from tech forever

(OPINION) As the language of tech ebbs and flows, there are linguistic potholes so over-used, so annoying, they make you want to scream. Here’s 20 of the worst offenders.

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There’s specific lingo in any industry. Buzzwords, if you will. Get a group of friends who work together for beers after clocking out, and chances are you’ll get lost quickly once they start trading war stories – outsiders beware.

But, there’s one community who puts even nurses (marry a nurse, and you’ll learn what prophylaxis means) to shame with insider speak and bullshit buzzwords: the tech community.

Tech folks are like business and marketing people but mutated. There’s so much free-flowing jargon that goes unchecked and evolves a la Origin of The Species within days. The words and phrases become gospel and, before you know it, people are sharing these nonsense phrases that become the industry norm, leaving anyone on the outside scratching their heads, trying to decipher the tech code.

But, as the language of tech ebbs and flows, there are linguistic potholes so over-used, so annoying, they make you want to scream. There are words used so out of context that make you want to turn them into a snarky meme and pass it around the office because you’re a jerk like that. (Well, I’m at least a jerk like that.)

These are some of those words.

The words that need to die a horrible, 24 hour, “what does it all mean” death.

Words that should be locked away in a prison so vile Charles Manson would be like, “Nah, bro. I’m good.”

Please don’t use these words in your marketing, pitch meetings, or just ever. They suck.Click To Tweet

Strap in and lock it down, here we go:

1. Sync
Can’t we just say “everyone knows what’s going on” instead of sync? This is one of those metaphors alluding to tech as melded with the products and culture, serving as interchangeable. We’re people, not iPhones to be plugged into our laptops. We don’t need to sync. We can meet up.

2. Robust
Robust is coffee, a strong tea you imported from India. It’s not a tech software experience. A can of Folgers can claim to be robust, your project tool cannot share this claim.

3. Pain point
Are we still using this one? A pain point is an elbow that’s got an owie, not what a customer thinks sucks.

4. Delight
I’m delighted to eat an excellent meal or get an unexpected call from an old friend. I’m delighted to leave work early to have drinks. I’m not delighted to use enterprise software. Sure, it makes my day easier. Does it offer a view of heaven when I can use self-service? I think not.

5. Disrupt
One of the godzillas of Jargon Mountain. I get that this worked in context a few years ago. But, now? You’re not “the Uber of…” and you’re not “disrupting” anything.

You built a parking app, Pat. You didn’t change the world.

If you dethrone Facebook, you’ve disrupted the world. ‘Til then, keep your pants on. Your algorithm for the best pizza place in town ain’t changing the block, let alone the face of communication.

6. Game changer & Change agent
Does anyone buy into this one? Was the game changed? This goes in the bin with “Disrupt.”

7. Bleeding Edge
Some jerk in some office decided “the cutting edge” wasn’t enough. It wasn’t hyper progressive enough, so they labeled their work the “bleeding edge”.

If this phrase were any more douchey, it would have a neck beard and a fedora and argue the tenants of socialism on IRC with strangers while sipping Mountain Dew.

8. Dog food
Who came up with this? When did a beta test get labeled as “dog food” I’m still lost on how this one became the industry standard. “We’re eating our own dog food.” This doesn’t even make a lick of sense, people. Just say we’re testing something. It’s a lot easier.

9. Alignment
What happened to just saying you agree? I thought alignment was for tires, not for working. I’ll give you parallel, but alignment? Not buying it.

10. Pivot
Pivot is just a fancy, non-finger point-y way of saying change. And typically, that change is reacting to something not going the company’s way. “Pivoting” means reacting to bad news or undesired outcome and making everyone involved feel smarter about the process.

11. Revolutionary
Unless you’ve built software that cures cancer, does something better than Elon Musk, or gets you laid faster than Tinder, you’re not revolutionary. You’re an element of evolution in a steadily progressing world.

12. Internet of Things
I still don’t even know what the hell this means. Really. It’s one of those phrases people use and pretend to know but really don’t.

13. Bandwidth
I thought bandwidth was Internet stuff, not how busy you are at work. Can’t we say, “if you’re not too busy,” instead of, “if you have the bandwidth,”..?? These are people, not routers.

14. Low-hanging fruit
You mean the easy work? “Easy win” even applies here. But the whole gardening metaphor is tired. It’s ok to say, “Do the easy work first” in a meeting. Hiding behind a metaphorical phrase doesn’t make the work any less important.

15. Deliverables
Do we need to break everything down into words to make the process more complicated? Aren’t deliverables, just work? It’s an adjective to describe what work you’re completing… so… it’s just work. Throw in a “key, ” and you’re jargon-y as all get out.

16. Circle Back
Translation: I don’t want to continue talking about this right now, so I’m going to schedule more pointless meetings to discuss this thing I don’t understand and don’t want to talk about in a few days. Likely, scheduled on your lunch break.

17. Action item
What happened to the good ole’ “to do List”? Instead, we’ve got “action item”. You come out of a meeting with a sore ass. The boss pounds on your for the stuff you need to do. You’re up to your ears in homework, yet, it’s not work you need to do – it’s “action items, to be delivered upon.” WHAT THE HELL DOES THIS EVEN MEAN?

18. Take it offline
If there was ever painful corporate-speak, this one is a granddaddy. Instead of burning minutes in a meeting, someone will announce, “let’s take it offline.” Always happens. What about, “let’s talk about this face to face,” or “I’ll swing by your desk”, or “let’s figure this out.”

We appreciate you not annoying the rest of us with your A+B problem, but we’re not all living in the matrix. Or, at least we think we’re not.

19. Buy-in
Committing to something – a culture, an idea, a feeling. We’re equating life to a poker game and expecting everyone to get the idea, too. So lame.

20. Rockstar – Ninja – Wizard – whatever descriptive verb
This one. Holy horse crap. Can we PLEASE STOP with trying to slap a descriptive label on good work? I get it. You want to exclaim your person is a badass, and they’ve got chops. But this labeling of people in fantastical ways just sucks. When did the craft of a ninja, or the fantastical abilities of a wizard relate to code? And the rockstar thing?

Dudes, you’re not Keith Richards, you wear a startup hoodie and complain when you’re not getting free lunch at work.

Also, these names suck because they imply some male-dominance-cum-brogrammer mentality. They’re shadowy ciphers that are such machismo, it’ll barf up a steak. When a woman gets labeled a “ninja” it’s in an entirely different context, and that’s not cool. Writers have to get creative and use terms like “acrobat” or “juggler” to give off a sentiment of equal playing field, and it’s obnoxious. Just stop with these lame titles.

And there you have it. 20 bullshit buzzwords that should be banned forever and ever. Comment away, and add the jargon you loathe in the comments section. If it goes well, maybe they’ll ask me to write a part two, and we’ll make even more people mad.

This editorial was first published here in 2017.

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Opinion Editorials

Study says women need to be seen as “warm” to be considered confident

(EDITORIAL) A new study reveals that despite progress, women are still successful when they fall into a stereotype. Let’s discuss.

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About 15 years ago, I took a part-time job in a mental health clinic handling bookkeeping and billing. I had absolutely no idea what I was doing, but I attacked the job with what I felt was confidence. For the first few days, I simply felt as if I was an imposter. I kept asking questions and pushing forward, even though I didn’t make much progress. Within just a few days, I felt the hostility of the office manager.

It got progressively worse, and I couldn’t figure out what the heck I’d done to make her so confrontational with me. I thought I was pleasant and respectful of her position, and I was getting along with the other employees. When I talked to our boss, I was told that I intimidated the office manager. HUH? Me? Intimidating? I was a complete mess at the time. I could barely put together a business casual wardrobe. My emotional health was so fragile that I rarely went anywhere new. And she found me intimidating?

Researchers have been studying how people judge others. Susan Fiske, researcher out of Princeton, found that competence and warmth are two of the dimensions used to judge others. Based on that research, Laura Guillén, Margarita Mayo, and Natalia Karelaia studied the competence and warmth at a software company with 236 engineers.  Guillén and her team collected data at two separate times about these engineers and their confidence and influence within the organization.

They found that “men are seen as confident if they are seen as competent, but women are seen as confident only if they come across as both competent and warm.

Women must be seen as warm in order to capitalize on their competence and be seen as confident and influential at work; competent men are seen as confident and influential whether they are warm or not.”

We encourage women to be confident, but based on current research, it may not be enough to close the gender gap in the workplace. A woman must be seen as helpful and dedicated to others to have the same influence as a man. As a woman, it’s easy to be seen as the #bossbitch when you have to make tough decisions. Those same decisions, when made by a man might be considered just “business as normal.”

I guess the lesson is that women still have to work twice as hard as men just to be seen as equals. I know that I have to work on empathy when I’m in an office environment. That office manager isn’t the only person who has thought I’m intimidating. I’ve heard it from it others, but you know what? As a self-employed writer, I’d rather be seen as undeterred and daunting than submissive and meek.

This editorial first appeared here in 2016.

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Opinion Editorials

Don’t avoid starting a business just because you’re broke

(EDITORIAL) If money isn’t always a prerequisite to entrepreneurship, how can you start something from nothing?

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Breaking into the business world can be an intimidating venture, especially if you don’t have the money or experience to back up your ambitions. Experience, however, can be earned – or at least approached through a “fake it until you make it” style approach. But what can you do if you dream of launching a business but you don’t have the cash? Is money a prerequisite to entrepreneurship?

Money helps but isn’t a requirement for those hoping to start their own business – you simply need to get creative. If you’re not sure where to start, here are a few things to consider.

One of the best ways to build your confidence around the topic of entrepreneurship is to refocus your attention towards those who also started from nothing, but have since made it big.

Steve Jobs started out tinkering in his garage as a teenager and went on to found the tech giant Apple, while multimillionaire consultant Sam Ovens publically discusses his finances – he was broke just a few years ago but had made over $10 million dollars by the time he turned 26.

Such stories attest to the fact that anyone can ascend to great heights.

Even though many people think money is the most important part of any business endeavor, successful people will tell you that true self-understanding far outranks cash on the list of necessities. Take some time to reflect on your goals and on how you view yourself as you pursue them.

If you think you can’t achieve your goals, then you won’t be able to. The mind is a very powerful thing.

If introspection reveals that you’re low on self-esteem, work on improving your view of yourself and begin developing a more positive perspective. You may find it helpful to write down what you think and then revise this description, working all the time to internalize this improved view of yourself. Though it may seem like a pointless process at first, you’re actually participating in your own transformation.

Another key determinant of success that far surpasses money is passion.

People succeed when they pursue goals that matter to them on a deeper level.

Typically this is the case because passion leads you to accumulate expertise on your chosen topic, and this will draw people to you.

One incredible example of the transformation of passion into profit is 17-year-old Jonah, who makes thousands of dollars a month selling watches online. Jonah comes from a family of jewelers, so he had ready access to the necessary knowledge and cultivated an outstanding selection of timepieces on his site, but it was his ability to combine his material knowledge with real understanding of his customers that made his business successful.

At the end of the day, he wanted his customers to have the perfect watch, and he brought his own passion for the field to bear on creating that experience.

Finally, if you hope to start a business but don’t have any cash resources, the best thing you can do is learn your field and network with those in it – without bringing them on board as professional partners.

It helps to have contacts, but you can’t grow a fledgling business by paying others to do the hard work.

Hunker down and work from home, working at night if you have to keep your current job, and start from the position of humble aspirant. If you show you’re committed to the real work of starting a business, you’ll find that others support you.

If you hope to start a business, but don’t have the money, don’t despair – but also don’t put your dream on hold. The only way to build the foundation you need to live that dream is by doing the hard work in the here and now.

Lots of people started just where you are, but the true successes are the ones who had the courage to push past the barriers without worrying about the financial details. You already have what you need, and that’s the passion for innovation.

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