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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.

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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, GRI spends most of his waking hours obsessing over all things San Francisco real estate. He is half of the successful JacksonFuller real estate team, and also writes at the San Francisco real estate blog about all things SF. He is also a father, husband, foodie, avid runner, and slave to his Newfoundland and Basset Hound dogs.

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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.

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Opinion Editorials

10 career hacks for every ambitious man

(EDITORIAL) Succeeding in business takes grit and determination – here are 10 hacks for any fella looking to get ahead in their career.

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Gender equality (for real)

Most career hacks are focused on women these days, but guess what? Men still exist, too! News flash! And another news flash – men of all races and sexual preferences are ambitious in their careers. Wow. What a concept.

Sure, there’s a pay gap. Sure, men have always been allowed to be ambitious without any questions. Sure, sexual harassment is more often inflicted upon women. But there are plenty of men that are underpaid, questioned for their ambitions, and even sexually harassed.

If we truly believe that genders are equal, we must offer career advice to men as well, so in that spirit are 10 career hacks for our male readers that want to be even more ambitious about their careers.

1.) Maintain insanely detailed notes

Early in my career, I got in the habit of keeping a phone log where I documented every single inbound and outbound call, who I talked with, and what the highlights were, no matter how minor or major. I even wrote down (in front of leadership) when the President of the company sat on my desk, inches away from me, and lingered to touch my shoulders. Ick. I wrote down the time, who was at my desk, and what happened. Right in front of him. It never happened again.

Notes, whether digital or hand-written, are an insanely valuable tool. When digitized, all meeting notes and information can can be searchable and easily tracked.

If you meet someone, take real notes, and immediately add a calendar item to follow up with them at a specific time (this is the part everyone always forgets).

Finally, keep an accomplishment journal to be able to suggest and defend a future raise or promotion – it works.

2.) Know your tools

Perhaps you’re recently really into Trello, and during your next job interview, they happen to ask about your organizational skills. Instead of rambling on, you can talk about how streamlined your life is with Trello and follow up by mentioning your three favorite browser extensions that aren’t about sports or beauty but about real work.

Remember your tools when you’re climbing the ladder and always refine them – nothing’s ever good enough, nor is your process. Test them out, be able to defend them, and be ready to recommend them to others.

3.) Be a master of research

Never stop learning, or seeking relevant information. If you’re a new coder, obsess over Stack Overflow during lunch every single friggen’ day. If you’re in the marketing department, stalk Quora topics. Read every industry publication you can get your eyeballs on.

Establish yourself as the go to person in your office, no matter your job title. Be careful not to be the office know-it-all, but definitely act as an information absorber.

4.) Communicate like a boss

This doesn’t mean condescend, it means to over-communicate, which is more rare than you know.. When you meet someone, reach out to them without waiting for them to reach you.

When working on a project with a team, make sure to keep teammates apprised of what you’re doing (without bragging); too often do people assume everyone knows what’s going on.

An example of over-communicating effectively without sounding narcissistic is letting your team know: “I’ve completed X and am moving on to Y – before I do, is there anything I can do for you guys since I’m at a stopping point?”

5.) Always ask if you can help

No matter how busy you are, no matter where you are in the hierarchy, stop to ask others if you can simply help. Just as with the closing of #4, come to a stopping point and ask.

Most people will say no, but a simple, “hey, I know you’re working on the Simon account – I have 30 minutes I could help you reorganize if you’d like!” helps significantly.

Give them a specific reason you can help, too. Not only will this make you the office “go-to” but it makes you so deeply ingrained in the team that people can’t imagine the place without you! Which they shouldn’t!

Just don’t be annoying – know when you’re coming across as fake and knock that off.

6.) Don’t be afraid to say “I don’t know”

Too often in the workplace, people are scared to sound stupid so they’ll guess. This can lead projects down really bad paths, so get used to hearing yourself say “I don’t know.”

And then add the phrase, “but I’ll find out!”

Yeah yeah, you already know this advice, but you haven’t been told is to try this: “I don’t know, but I’ll find out within the hour.” Add a deadline for yourself so you set expectations just like we talked about in number four.

Or suggest that you both work together to find a solution: Teamwork makes the dream work.

7.) Be kind, even when it kills you inside

You may hate the guy in the office next to yours and Lord knows you might literally die if he tells you the same fishing story again, but you spend more time with these people than you do your own family and they’re human.

They want to be heard, they want to belong, so remember that annoying as they can be, they’re people. They’re YOUR people.

Be kind, and remember that something about you is probably annoying, too.

8.) Smile (hear us out on this one)

Smile when you’re on the phone – your positivity conveys even when people can’t see you because you literally transform your facial muscles, thus altering your voice. It feels awkward, but so what? Kindness is memorable! Especially smile when someone is speaking in a meeting and meets your eye contact – not a flirty smile, but the disarming kind that says “I’m listening and you’re interesting.”

9.) Get to know your five minute tasks

If you always know what can be done in less than five minutes, your down time is never used standing around like a moron.

For me, I keep all emails unread that require any sort of action, and if I only have five minutes before my next call, I’ll hop in and deal with one because I already assessed how long it would take. No down time, no twiddling of thumbs. Those five minutes add up over a week!

10.) Exercise a little

Without exercise of some form, be it running, yoga, or even just walking, research proves the brain is less focused, less sharp.

We won’t recommend a type of exercise, a time of day, or anything specific, but almost every single successful executive, regardless of gender, is pretty serious about fitness.

Eat well, make yourself get up from your desk and move around every hour, and mostly – extend your lifetime so you can actually enjoy retirement instead of enjoying heaven (or whatever afterlife you subscribe to).

It’s a trick!

If you’ve read this far and you’re thinking, “Lani, I just read this exact same list, verbatim but it was called 10 career hacks for every ambitious woman, what the hell?”

You’re right. Because guess what? I don’t believe general career advice is different for men and women. Stories about negotiating salary are slightly different, suggestions for how to request a breastfeeding room are different, notes on gender identity are different, but to succeed in a career takes the same grit and dedication, no matter what’s in your pants.

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Opinion Editorials

10 career hacks for every ambitious woman

(CAREER NEWS) You’ve heard endless career hacks, but most are lame (“always say yes!” and “work hard”). Instead, let’s talk about the things that are easier said than done.

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Gender equality (for real)

All too often do we women have to defend our capabilities in professional spaces – not because we lack anything, or because we are less capable of our male counterparts, but because the historical and common misperception is that gender is inescapably related to our job functions. In reality though, most people now agree that the genders are equally talented, capable, and ambitious.

That said, we know the sting of being doubted in the workplace. For this reason, I have crafted a list of how I remain ambitious and untouched by doubters. And yes, all of these hacks are easier said than done.

1.) Maintain insanely detailed notes

Early in my career, I got in the habit of keeping a phone log where I documented every single inbound and outbound call, who I talked with, and what the highlights were, no matter how minor or major. I even wrote down (in front of leadership) when the President of the company sat on my desk, inches away from me, and lingered to touch my shoulders. Ick. I wrote down the time, who was at my desk, and what happened. Right in front of him. It never happened again.

Notes, whether digital or hand-written, are an insanely valuable tool. When digitized, all meeting notes and information can can be searchable and easily tracked.

If you meet someone, take real notes, and immediately add a calendar item to follow up with them at a specific time (this is the part everyone always forgets).

Finally, keep an accomplishment journal to be able to suggest and defend a future raise or promotion – it works.

2.) Know your tools

Perhaps you’re recently really into Trello, and during your next job interview, they happen to ask about your organizational skills. Instead of rambling on, you can talk about how streamlined your life is with Trello and follow up by mentioning your three favorite browser extensions that aren’t about sports or beauty but about real work.

Remember your tools when you’re climbing the ladder and always refine them – nothing’s ever good enough, nor is your process. Test them out, be able to defend them, and be ready to recommend them to others.

3.) Be a master of research

Never stop learning, or seeking relevant information. If you’re a new coder, obsess over Stack Overflow during lunch every single friggen’ day. If you’re in the marketing department, stalk Quora topics. Read every industry publication you can get your eyeballs on.

Establish yourself as the go to person in your office, no matter your job title. Be careful not to be the office know-it-all, but definitely act as an information absorber.

4.) Communicate like a boss

This doesn’t mean condescend, it means to over-communicate, which is more rare than you know.. When you meet someone, reach out to them without waiting for them to reach you.

When working on a project with a team, make sure to keep teammates apprised of what you’re doing (without bragging); too often do people assume everyone knows what’s going on.

An example of over-communicating effectively without sounding narcissistic is letting your team know: “I’ve completed X and am moving on to Y – before I do, is there anything I can do for you guys since I’m at a stopping point?”

5.) Always ask if you can help

No matter how busy you are, no matter where you are in the hierarchy, stop to ask others if you can simply help. Just as with the closing of #4, come to a stopping point and ask.

Most people will say no, but a simple, “hey, I know you’re working on the Simon account – I have 30 minutes I could help you reorganize if you’d like!” helps significantly.

Give them a specific reason you can help, too. Not only will this make you the office “go-to” but it makes you so deeply ingrained in the team that people can’t imagine the place without you! Which they shouldn’t!

Just don’t be annoying – know when you’re coming across as fake and knock that off.

6.) Don’t be afraid to say “I don’t know”

Too often in the workplace, people are scared to sound stupid so they’ll guess. This can lead projects down really bad paths, so get used to hearing yourself say “I don’t know.”

And then add the phrase, “but I’ll find out!”

Yeah yeah, you already know this advice, but you haven’t been told is to try this: “I don’t know, but I’ll find out within the hour.” Add a deadline for yourself so you set expectations just like we talked about in number four.

Or suggest that you both work together to find a solution: Teamwork makes the dream work.

7.) Be kind, even when it kills you inside

You may hate the guy in the office next to yours and Lord knows you might literally die if he tells you the same fishing story again, but you spend more time with these people than you do your own family and they’re human.

They want to be heard, they want to belong, so remember that annoying as they can be, they’re people. They’re YOUR people.

Be kind, and remember that something about you is probably annoying, too.

8.) Smile (hear us out on this one)

Smile when you’re on the phone – your positivity conveys even when people can’t see you because you literally transform your facial muscles, thus altering your voice. It feels awkward, but so what? Kindness is memorable! Especially smile when someone is speaking in a meeting and meets your eye contact – not a flirty smile, but the disarming kind that says “I’m listening and you’re interesting.”

9.) Get to know your five minute tasks

If you always know what can be done in less than five minutes, your down time is never used standing around like a moron.

For me, I keep all emails unread that require any sort of action, and if I only have five minutes before my next call, I’ll hop in and deal with one because I already assessed how long it would take. No down time, no twiddling of thumbs. Those five minutes add up over a week!

10.) Exercise a little

Without exercise of some form, be it running, yoga, or even just walking, research proves the brain is less focused, less sharp.

We won’t recommend a type of exercise, a time of day, or anything specific, but almost every single successful executive, regardless of gender, is pretty serious about fitness.

Eat well, make yourself get up from your desk and move around every hour, and mostly – extend your lifetime so you can actually enjoy retirement instead of enjoying heaven (or whatever afterlife you subscribe to).

Never forget

If you’ve read this far, you are equally as confident and aware of the ambition woman is capable of. You know she is inspiring, you know she is valuable, and you know she is you.

Keep these ten tips in mind the next time you feel you’ve lost a little of your luster, and never forget in the most challenging times:

“You had the power all along, my dear.”
– Glinda, The Good Witch.

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Opinion Editorials

The painful, beautiful paradox between suffering and success

(EDITORIAL) Evaluating success is about more than focusing on “rise and grind” cliches, instead adopting a meaningful perspective.

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The painful, beautiful paradox between suffering and success

I know I’m not entirely old, but in my 27 short years on earth, I’ve found one thing to be absolutely true — life exists inside of paradoxes.

Foods are sweet and savory, sour and sweet. Weather is sunny and beautiful, damp and dreary. Life itself is living and dying, up and down. And in every paradox there is something to be learned.

The most recent paradox I’m learning is the one that exists between suffering and success.

I think it is important to first define the two words: suffering and success. And not the Miriam-Webster Dictionary definition, that definition focuses entirely of the etymology of the word and doesn’t take life into account.

Suffering, as it pertains to success, is what a lot of people call the grind. Suffering is whatever loss you feel along the way. They’re the tiny deaths you die each time something doesn’t go the way you thought it should. It is that voice in the back of your head that keeps telling you to quit— that you’ll never make it. Suffering is what makes the success so sweet.

Success, as it pertains to suffering, is each time you get back up. It is the drive you have that tells the naysayers to suck an egg. Success is the rebirth that follows each tiny death. It is what accompanies each milestone that is met. Success is what makes the suffering worth it.

I think this paradox is materialized well in the Japanese practice of Kintsugi. Kintsugi is an art form of repairing broken ceramics with gold alloy. It is the artistic manifestation of the Japanese philosophy of wabi-sabi, or celebrating the imperfection. You see, Kintsugi has less to do with the what, and everything to do with the why… Why repair broken ceramics? Why go through such lengths to make it beautiful?

Because the imperfections tell just as much of a story as the original piece. The gold lines that now hold the ceramic together add beauty to the piece *while* strengthening it.

Kintsugi reminds us to exist in the paradox of suffering and success. Not to fight it or to ignore it but to celebrate it and to be a part of it.

Suffering is an inescapable part of existing. It is also the fortifier of most experiences.

Suffering is the gold alloy that binds our successes together. Suffering is the the beauty that intricately weaves between the success of a once shattered dream. Success is the mended piece that is now decorated with suffering.

The two give each other such a deeper context. Outside of each other, suffering and success are merely events that happen. Independently, they give some things context. Together they give everything context.

So I implore you to try this:

Make a list of your successes, then list every single failure that led you to that place. Don’t do so out of spite or out of anger. Rather, do so with thanksgiving. Fondly remember the lessons you learned through suffering and don’t forget them when you experience success.

And through this exercise, going forward, you’ll remember your own gold alloy sprinkled throughout your life.

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