Connect with us

Opinion Editorials

Neighborcity.com alleges NAR, MRIS, NorthstarMLS violate anti-trust laws: op/ed

Neighborcity.com has filed a countersuit against two MLS operators, naming NAR as a co-defendant, claiming anti-trust laws are being violated by all three.

Published

on

neighborcity

neighborcity

Allegations that two MLS operators violate anti-trust laws

In the interest of full disclosure, I should start by telling you that while researching this editorial, I discovered I’m almost a zero. At least, according to neighborcity.com, which is in the news for recently filing countersuit against the NorthstarMLS and MRIS, naming the National Association of Realtors (NAR) as a co-defendant.

The operator of neighborcity.com, American Home Realty Network (AHRN), alleges both MLS operators are in violation of anti-trust laws, and that the original copyright suit brought by the two MLS operators is just a bogus claim to prevent AHRN from exercising their “right to inform American consumers to assist them in making choices on the biggest purchases of their lives.”

According to their own website, neighborcity.com – owned and operated by AHRN, is an “operational brokerage” by which I believe they mean “paper brokerage” since they don’t actually employ agents. Their business model is, as far as I can tell, based upon receiving referral fees from “non-paper brokerages” that have “non-paper agents” to assist “non-paper consumers” in buying “non-paper houses.” Although, to be fair, buying all those “real” houses does actually generate quite a lot of paper.

Operating across different regions

AHRN/neighborcity.com operates with a San Francisco address as a California “brokerage” but the two lawsuits involve MLS services that are far, far, far from the sunny hills and valleys of San Francisco. Which gets to one part of the problem: the collision we’ve repeatedly seen between the competing business models of geographic “flesh-and-blood” brokerages and virtual websites that want to make money in the realm of real estate.

Under CA state law, a real estate brokerage is defined as including anyone that “solicits prospective sellers or purchasers of [real estate],” but are you really a brokerage in St. Paul Minnesota (Northstar) or Maryland (MRIS) if your mailing address is in San Francisco, you don’t employ agents in either Minnesota or Maryland, and your business model is based upon taking a cut of an industry derivative? In other words, do you deserve to be called a stockbroker if you don’t actually buy or sell stocks, but provide information about stock brokers and make a profit every time you refer a friend or relative to a preferred stock broker?

…and then the internet came along…

While I don’t know the complete history behind the evolution of California brokerage law and it’s definition, I’m willing to make a friendly bet that the definition of brokerage has been expanded over the years and widely interpreted to consider any plausible behavior that pertains to real estate as engaging in “brokerage.”

Why? Again, I don’t know for sure, but my hunch is to make it easier for the state to protect consumers from fraudulent or misleading advertising, and to make it easier to bring claims of fair housing violations against a wider audience of individuals. Historically, a broad definition of a brokerage gave the state greater regulatory control over a business that was by its nature (and existing technological limitations) inherently local. And then the internet came along…

Neighborcity’s fight for information

I’m sure that neighborcity.com will argue that they bring value to the real estate transaction by providing “hidden” information to the consumer that those un-fair people-based brokerages want to hide. However, providing information about a market isn’t the same as providing that market. I can tell you all day long which cardiologist is the cutest, but that doesn’t mean you should trust me to crack your chest open and put some stitches in your ticker.

In addition to the fact that they aren’t capable of actually closing a transaction involving a home because, you know, that would involve something more than paper (like a human being), the information that neighborcity.com does provide seems abysmal. Which is where that disclaimer from the introduction becomes relevant. Apparently, I suck.

How I don’t match their algorithm

I’m not sure exactly why, but my best guess is that I’m almost a zero (07 out of 100 to be exact) because I work as part of a two-person team. We’ve been a team for more than a decade (ie, we aren’t just a “paper team”), and sometimes we list properties under my MLS ID. Other times we use Britton’s ID. Sometimes our closings are reported under my MLS ID, other times they are reported with her ID. Go look either one of us up on neighborcity.com, and you’ll quickly discover that despite our great reputation in the SF brokerage community, the incredible number of referrals that power our business, our raving testimonials, and our great Yelp reviews that… we both suck. Because the “operational brokerage” that is neighborcity.com isn’t designed to deal with anything that doesn’t match their algorithm.

Well, fine, you might say, teams are an exception to the rule, no algorithm designed by incredibly super-smart engineers with advanced computer science degrees can ever get everything right (but we should still trust the algorithm over our flesh and blood friends)…

Ok then, how about this example? A home we listed in the San Francisco MLS four days ago isn’t in the neighborcity.com database. I searched by street name “4064 17th” and zip code “94114” and then tried multiple variations with no success. So finally I gave up and just exasperatedly typed in the exact MLS listing number. And then I got results! Neighborcity.com returned one listing – a house located in Hesperia, California that sold in November of 2010 for $100,000. Which is almost exactly like my listing in the Castro neighborhood of San Francisco for $1,695,000. Except that the home in Hesperia is 425 miles to the south-east of San Francisco and $1,595,000 cheaper. Oh, and it isn’t even for sale anymore. Yeah, that.

Bad information is not valuable information

The usual argument is that the consumer benefits when the most information possible is made widely available. As I hope the two examples above demonstrate, bad information is not valuable information (if you recently upgraded to iOS 6, you’re probably with me on this). So let’s flip the argument around. Do the owners of the data have the right to ensure that it is used accurately?

I say that yes, absolutely, the owners of the original data have the right to ensure that their data is used accurately and responsibly. Why? It isn’t to protect me or my flesh-and-blood business. I’m doing just fine, thank you very much.

Consumers are the biggest losers when inaccurate information is gussied-up and trotted about as beautifully accurate data that can be relied upon. And if you look at the disclaimer page of neighborcity.com you’ll be delighted to discover that “[AHRN]… disclaims any warranties concerning the accuracy, quality, title or timeliness of the content on the [neighborcity.com] website.”

This is exactly why I support NAR, Northstar MLS, and MRIS in their lawsuit to ensure that their data is used in a way that helps consumers.

Matt Fuller brings decades of experience and industry leadership as co-founder of San Francisco real estate brokerage Jackson Fuller Real Estate. Matt is a Past President of the San Francisco Association of Realtors. He currently serves as a Director for the California Association of Realtors. He currently co-hosts the San Francisco real estate podcast Escrow Out Loud. A recognized SF real estate expert, Matt has made numerous media appearances and published in a variety of media outlets. He’s a father, husband, dog-lover, and crazy exercise enthusiast. When he’s not at work you’re likely to find him at the gym or with his family.

Continue Reading
Advertisement
2 Comments

2 Comments

  1. victorlund

    October 9, 2012 at 2:21 pm

    I can’t imagine why MLSs or Brokers would care about this.

Leave a Reply

Your email address will not be published. Required fields are marked *

Opinion Editorials

7 ways to carve out me time while working from home

(OPINION / EDITORIAL) It can be easy to forget about self-care when you’re working from home, but it’s critical for your mental health, and your work quality.

Published

on

Woman in hijab sitting on couch, working from home on a laptop

We are all familiar with the syndrome, getting caught up in work, chores, and taking care of others, and neglecting to take care of ourselves in the meantime. This has always been the case, but now, with more people working from home and a seemingly endless lineup of chores, thanks to the pandemic. There is simply so much to do.

The line is thinly drawn between personal and professional time already, with emails, cell phones, and devices relentlessly reaching out around the clock, pulling at us like zombie arms reaching up from the grave. Working from home makes this tendency to always be “on” worse, as living and working take place in such close proximity. We have to turn it off, though.

Our brains and bodies need down time, me-time, self-care. Carving out this time is one of the kindest and most important things you can do for yourself. If we can begin to honor ourselves like this, the outcome with not only our mental and physical health, but also our productivity at work, will be beneficial. When we make the time to do things we love, our body untenses, our mind’s gears slow down that constant grinding. Burnout behooves nobody.

Our work will also benefit. Healthier, happier, more well rested, and well treated minds and bodies can work wonders! Our immune systems also need this, and we need our immune systems to be at their peak performance this intense season.

I wanted to write this article, because I have such a struggle with this in my own life. I need to print it out and put it in my workspace. Last week, I posted something on my social media pages that so many people shared. It is clear we all need these reminders, so I am paying it forward here. The graphic was a quote from Devyn W.

“If you are reading this, release your shoulders away from your ears, unclench your jaw, and drop your tongue from the roof of your mouth.”

There now, isn’t that remarkable? It is a great first step. Let go of the tension in your body, and check out these ways to make yourself some healing me-time.

  1. Set aside strict no-work times. This could be any time of day, but set the times and adhere to them strictly. This may look like taking a full hour for lunch, not checking email after a certain hour, or committing to spending that time outdoors, reading, exercising, or enjoying the company of your loved ones. Make this a daily routine, because we need these boundaries. Every. Single. Day.
  2. Remember not to apologize to anyone for taking this me-time. Mentally and physically you need this, and everyone will be better off if you do. It is nothing to apologize for! Building these work-free hours into your daily schedule will feel more normal as time goes on. This giving of time and space to your joy, health, and even basic human needs is what should be the norm, not the other way around.
  3. Give yourself a device-free hour or two every day, especially before bedtime. The pinging, dinging, and blinging keeps us on edge. Restful sleep is one of the wonderful ways our bodies and brains heal, and putting devices away before bedtime is one of the quick tips for getting better sleep.
  4. Of course, make time for the things you absolutely love. If this is a hot bath, getting a massage, reading books, working out, cooking or eating an extravagant meal, or talking and laughing with a loved one, you have to find a way to get this serotonin boost!
  5. Use the sunshine shortcut. It isn’t a cure-all, but sunlight and Vitamin D are mood boosters. At least when it’s not 107 degrees, like in a Texas summer. But as a general rule, taking in at least a good 10-15 minutes of that sweet, sweet Vitamin D provided by the sun is good for us.
  6. Spend time with animals! Walk your dog, shake that feathery thing at your cat, or snuggle either one. Whatever animals make you smile, spend time with them. If you don’t have pets of your own, you could volunteer to walk them at a local shelter or even watch a cute animal video online. They are shown to reduce stress. Best case scenario is in person if you are able, but thankfully the internet is bursting with adorable animal videos, as a backup.
  7. Give in to a bit of planning or daydreaming about a big future trip. Spending time looking at all the places you will go in the future and even plotting out an itinerary are usually excellent mood-boosters. It’s a bit different in 2020, as most of us aren’t sure when we will be able to go, but even deciding where you want to go when we are free to travel again can put a positive spin on things.

I hope we can all improve our lives while working from home by making time for regenerating, healing, and having fun! Gotta run—the sun is out, and my dog is begging for a walk.

Continue Reading

Opinion Editorials

Why robots freak us out, and what it means for the future of AI

(OPINION / EDITORIAL) Robots and humans have a long way to go before the social divide disappears, but research is giving us insight on how to cross the uncanny valley.

Published

on

Close of R2D2 toy, an example of robots that we root for, but why?

We hate robots. Ok, wait, back up. We at least think they are more evil than good. Try it yourself – “are robots” in Google nets you evil before good. Megatron has higher SEO than Optimus Prime, and it’s not just because he’s so much cooler. It cuz he evil, cuz. It do be like that.

It’s not even a compliment to call someone robotic; society connotes this to emotionless preprogrammed shells of hideous nothing, empty clankbags that walk and talk and not much else. So, me at a party. Or if you’re a nerd, you’re a robot. (Me at a party once again.)

Let’s start by assuming robots as human-like bipedal machines that are designed with some amount of artificial intelligence, generally designed to fulfill a job to free up humanity from drudgery. All sounds good so far. So why do they creep us out?

There’s a litany of reasons why, best summed up with the concept of the uncanny valley, first coined by roboticist Masahiro Mori (Wow he’s still alive! The robots have not yet won) in 1970. Essentially, we know what a human is and how it looks and behaves against the greater backdrop of life and physics. When this is translated to a synthetic being, we are ok with making a robot look and act like us to a point, where we then notice all the irregularities and differences.

Most of these are minor – unnaturally smooth or rigid movements, light not scattering properly on a surface, eyes that don’t sync up quite right when they blink, and several other tiny details. Lots of theories take over at this point about why this creeps us out. But a blanket way to think about it is that our expectation doesn’t match what we are seeing; the reality we’re presented with is off just enough and this makes us uncomfortable .

Ever stream a show and the audio is a half second off? Makes you really annoyed. Magnify that feeling by a thousand and you’re smack in the middle of the uncanny valley. It’s that unnerving. One possible term for this is abjection, which is what happens the moment before we begin to fear something. Our minds – sensing incompatibility with robots – know this is something else, something other , and faced with no way to categorize this, we crash.

This is why they make good villains in movies – something we don’t understand and given free will and autonomy, potentially imbued with the bias of a creator or capable of forming terrifying conclusions all on its own (humans are a virus). But they also make good heroes, especially if they are cute or funny. Who doesn’t love C3PO? That surprise that they are good delights us. Build in enough appeal to a robot, and we root for them and feel empathy when they are faced with hardships. Do robots dream of electric sheep? Do robots have binary souls? Bits and zeros and ones?

Professor Jaime Banks (Texas Tech University’s College of Media & Communication) spends a lot of time thinking about how we perceive robots. It’s a complex and multifaceted topic that covers anthropomorphism, artificial intelligence, robot roles within society, trust, inherently measuring virtue versus evil, preconceived notions from entertainment, and numerous topics that cover human-robot interactions.

The world is approaching a future where robots may become commonplace; there are already robot bears in Japan working in the healthcare field. Dressing them up with cute faces and smiles may help, but one jerky movement later and we’ve dropped all suspension.

At some point, we have to make peace with the idea that they will be all over the place. Skynet, GLaDOS in Portal, the trope of your evil twin being a robot that your significant will have to shoot in the middle of your fight, that episode of Futurama where everything was a robot and they rose up against their human masters with wargod washing machines and killer greeting cards, the other Futurama episode where they go to a planet full of human hating murderous robots… We’ve all got some good reasons to fear robots and their coded minds.

But as technology advances, it makes sense to have robots take over menial tasks, perform duties for the needy and sick, and otherwise benefit humanity at large. And so the question we face is how to build that relationship now to help us in the future.

There’s a fine line between making them too humanlike versus too mechanical. Pixar solved the issue of unnerving humanoids in their movies by designing them stylistically – we know they are human and accept that the figure would look odd in real life. We can do the same with robots – enough familiarity to develop an appeal, but not enough to erase the divide between humanity and robot. It may just be a question of time and new generations growing up with robots becoming fixtures of everyday life. I’m down for cyborgs too.

Fearing them might not even be bad, as Banks points out: “…a certain amount of fear can be a useful thing. Fear can make us think critically and carefully and be thoughtful about our interactions, and that would likely help us productively engage a world where robots are key players.”

Also, check out Robot Carnival if you get the chance – specifically the Presence episode of the anthology.

Continue Reading

Opinion Editorials

4 simple tips to ease friction with your boss while working remotely

(OPINION / EDITORIAL) Find it challenging to get along with your boss while working from home? Here are a few things you can try to ease the tension.

Published

on

Woman stressed over laptop in remote work.

Most people probably feel like their relationship with their boss is fine. If you’re encountering friction with your boss for any reason, though, remote work will often exacerbate it—this is one instance where distance doesn’t necessarily make the heart grow fonder. Here are a few ways to remove some of that friction without adding to your boss’ overflowing plate.

According to CNN, determining the problem that exists between you and your boss should be your first step. There’s one caveat to consider, however: Your boss’ boundaries. Problem-solving on your own time is fine, but demanding more of your boss’ time—especially when you’re supposed to be working—may compound the issue.

An easy way around this is a low-impact communique—e.g., an email—sent at the beginning or end of the workday. Since that’s a more passive communication style that takes only a minute or two out of your day, it’s less likely to frustrate your boss further.

If ironing out the issue isn’t your prerogative for now, examining your boss’ parameters for success is another place to start. Does your boss prefer to receive multiple updates throughout the day, or do they want one summative report each morning? Do you respect your boss’ preferred communication styles? These are important questions to ask during remote work. If you find yourself reaching out more than necessary, for example, it may be time to cut back.

It can also be difficult to satiate your boss if you don’t know their expectations. If you’re able to speak to them about the expectations regarding a project or task, do it; clarifying the parameters around your work will always help both of you. It is worth noting that some supervisors may expect that you know your way around some types of responsibilities, though, so err on the side of complementing that knowledge rather than asking for comprehensive instructions.

Finally, keep in mind that some bosses simply don’t communicate the same way you do. I’ve personally been blessed with a bevy of nurturing, enthusiastic supervisors, but we’ve all had superiors who refuse to acknowledge our successes and instead focus on our failures. That can be a really tough mentality to work with during remote periods, but knowing that they have a specific communication style that hampers their sociability can help dampen the effects.

As always, communication is key—even if that means doing it a little bit less than you’d like.

Continue Reading

Our Great Partners

The
American Genius
news neatly in your inbox

Subscribe to our mailing list for news sent straight to your email inbox.

Emerging Stories

Get The American Genius
neatly in your inbox

Subscribe to get business and tech updates, breaking stories, and more!