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Opinion Editorials

The evolution of MLS rules and industry policies

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Real estate and sharing

The Internet has made it easy for everyone to share. Which seems to be a problem when it comes to real estate. California and Texas rarely agree on anything, but from coast to coast brokerages are raising questions about how the industry should – or even if the industry should – share.

Is it about dual agency? Is it about greedy brokerages wanting to represent both the buyer and seller in a transaction to increase the dollars in their pocket, regardless of consumers wants and wishes?

Is it about having hard work recognized and credited to the creator? Are all of the debates going on right now about having a listing agent’s superior marketing (higher quality photographs, better copy-writing) appear on the websites of other agents in the business that might not be familiar with spellcheck?

Is it about branding and control? Are the discussions about being able to choose where on the Internet your listing shows up? For example, the ability to have a luxury listing appear only on high-end websites (whatever that might be) instead of Doug-n-Doug’s discount brokerage website that was last optimized for Internet Explorer 6?

Is it about business models? Is this about “traditional” brokerages protecting their turf by withholding listings from sites like Zillow or Trulia that rely upon syndicated data feeds?

The bigger picture is cooperation

While those are all interesting discussions, the bigger picture is about cooperation. There is an inherent tension in real estate: Realtors spend their days competing for listings and competing for buyer clients, only to turn around and cooperate with each other to turn those new listings into a new buyer’s home. We’re one big outwardly happy family of frenemies.

The Internet has highlighted and magnified a massive crack in that facade of smiling frenemies. While we used to be able to carefully stage-manage (arbitration and confidentiality, anyone?) our public image so that we always appeared to be smiling while slapping each other on the back in a show of good sportsmanship, the fact that the Internet is really and truly about sharing has exposed just how bad we actually are at it.

Rules developed for the print era

MLS rules and industry policies were created for the print era. An era when listing data could really only be shared by costing an agent a significant investment of either their time (a personal appointment in an office or viewing listings together) or their money (postcard, glossy newspaper ad, property flyer). And regardless of if an agent focused on investing their time touring with buyers or their money advertising a listing, the amount they could spend was finite. Needless to say, the Internet blows the doors off of all of those constraints. Which is why everyone seems to have suddenly lawyered up while screaming about how unfair the world is.

I wish I had an easy solution. I don’t. But I do have a few thoughts and suggestions. Let’s start by agreeing to keep consumer benefits at the forefront of every discussion. Instead of arguing about whether or not a rule or policy benefits us as industry professionals, let’s focus on shaping rules that benefit consumers, regardless of the business model or service level that they choose. If we can’t point to a specific and clear consumer benefit for a MLS rule or industry policy (I’m looking at you, Code of Ethics) in the age of the Internet, then let’s ask if we need that rule or how we can rewrite it.

The Internet is not our enemy

Let’s also stop letting fear rule our discussions and decisions. The Internet is not our enemy. New and innovate ways of doing business are not the enemy. Agents that can’t spellcheck might be terrifying, but their only enemy is the English language. Take a deep breath and breathe out. Regardless of how you choose to do your business, if you do it professionally and with your client’s best interests at heart, they will tell their friends (probably on the Internet) and there will continue to be plenty of consumers willing to pay for your professional services.

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.

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17 Comments

17 Comments

  1. C.J. Johnson

    February 29, 2012 at 9:37 am

    Why is it that I pay thousands of dollars in dues and fees to participate in my profession only to be told by those outside my profession how to run our profession? Does the Police or Fire Department Union worry about how to best serve the public? Nope they work on how to best server their members. It is up to earh department to protect and serve the public and it is the individual brokerages to enhance the consumers experience not the MLS which was always intended to be a data share and offer of cooperation and compensation. I for one do not want my MLS making business practice policy because their committees are always run by someone who has a vested interest or hidden agenda in those policy decisions. Case in point a local California MLS recently announced they want to impliment a minimum of 6 photos per listing. This would not only be difficult on some properties but it would be impossible on say a 1 bedroom 1 bath condo or small 2 bedroom 1 bath cottage house. While I do believe in painting a true picture in your marketing and advertising I do not believe that the MLS should control how any broker markets their listings. If the seller does not like the marketing they are the ones who should instruct the brokerage on additonal photos not the MLS.

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Opinion Editorials

6 skills humans have that AI doesn’t… yet

(OPINION / EDITORIAL) It’s not unreasonable to be concerned about the growing power and skill of AI, but here are a few skills where we have the upper hand.

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Man drawing on a roll of butcher paper, where AI cannot express themselves yet.

AI is taking over the workforce as we know it. Burgers are already being flipped by robotic arms (and being flipped better), and it’s only a matter of time before commercial trucks and cars will be driven by robots (and, probably, be driven better).

It may feel unnerving to think about the shrinking number of job possibilities for future humans – what jobs will be around for humans when AI can do almost everything better than we can?

To our relief (exhale!), there are a few select skills that humans will (hopefully) always be better at than AI. The strengths that we have over AI fall into 3 general categories: Ability to convey emotion, management over others, and creativity.

Let’s break it down: Here are 6 skills that we as humans should be focusing on right now.

Our ability to undertake non-verbal communication

What does this mean for humans? We need to develop our ability to understand and communicate body language, knowing looks, and other non-verbal cues. Additionally, we need to refine our ability to make others feel warm and heard – if you work in the hospitality industry, mastering these abilities will give you an edge over the AI technologies that might replace you.

Our ability to show deep empathy to customers

Unlike AI, we share experiences with other humans and can therefore show empathy to customers. Never underestimate how powerful your deep understanding of being human will be when you’re pitted against a robot for a job. It might just be the thing that gives you a cutting edge.

Our ability to undertake growth management

As of this moment, humans are superior to AI when it comes to managing others. We are able to support organization members in developing their skillsets and, due to our coaching ability, we are able to help others to grow professionally. Take that, AI!

Our ability to employ mind management

What this essentially means is that we can support others. Humans have counseling skills, which means we are able to help someone in distress, whether that stems from interpersonal relationships or professional problems. Can you imagine an AI therapist?

Our ability to perform collective intelligence management

Human creativity, especially as it relates to putting individual ideas together to form an innovative new one, gives us a leg up when competing against AI. Humans are able to foster group thought, to manage and channel it, to create something bigger and better than what existed before. Like, when we created AI in the first place.

Our ability to realize new ideas in an organization

Think: Elevator pitch. Humans are masters of marketing new ideas and are completely in-tune with how to propose new concepts to an organization because, you guessed it, we too are human. If the manager remains human in the future (fingers crossed!), then we know what to say to them to best sell our point of view.

Using what we know, it’s essential for almost all of us to retrain for an AI-driven economy that is most likely just a few years away. My advice for my fellow humans? Develop the parts of you that make you human. Practice eye contact and listening. Think about big pictures and the best way to manage others. Sharpen your mind with practicing creative processes. And do stay up to date with current trends in AI tech. Sooner or later, these babies are bound to be your co-workers.

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Opinion Editorials

Questions you wished recruiters would answer

(OPINION / EDITORIAL) Job searching is anxiety inducing, and not getting feedback can be tough. What can job seekers, recruiters, and HR do to make it easier?

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Two men interviewing at a table, job searching.

Job searching can be frustrating and stressful – not to mention anxiety-driven – but also sometimes filled with hope and excitement for a new opportunity on the horizon. Most people aren’t huge fans of multiple interviews, constantly selling themselves, or the uncertainty of when an exciting offer will come their way. Here are some considerations to try to put it in to a healthy perspective.

Yes, you will feel stressed and anxious. If you can, allow yourself to accept these feelings as part of your journey in life. Take note of what can you do to move forward, and hopefully it will propel your energy into time and space that is well spent.

Just know that you are not alone on a myriad of questions that no one has really answered for you. That is mostly due to the other side of the table which usually includes Human Resources and a Hiring Manager.

Question: What is the status of my application?

Answer: It really depends. Did you apply online? Is it sitting in an ATS (Applicant Tracking System = software to track job applicants and open job requisitions)? Has anyone looked at it? Have you gone through a recruiter and are waiting to hear back? Have you sent it to a friend or former colleague who works at that institution? Do we know if this position is still open?

Ideas to move forward: If there is anyone you can get in touch with about your application, do it. Send a polite email to them asking if there’s any chance if the position is still open and/or if your application has been reviewed. If there is no one to get in touch with, keep moving forward in your job searching. ATS’s are GREAT for the employer. They help track applicants and scan for keywords. The challenge is they may not be great for the job seeker and might be sitting in a black hole. Consider that 300 job searching applications are sitting there with yours.

It’s not that you are not good enough. And it’s not that you don’t have what it takes. It’s that your resume is combined with a lot of other information and may not even have been reviewed. They may have also filled the position and didn’t take the posting down.

OR, clients change their minds all the time – maybe they are going in a new direction with this role. See if you can find out the status first. And if you can’t, move on. You can learn more about ATS here from Jobscan.

Question: May I have feedback from my interview(s)?

Answer: Most likely, no. They may give you some simple answer “You didn’t quite have the experience they were looking for” or “We’ve hired an internal applicant.” Without getting into too many details and legal guidelines (that I’m not even sure I’m aware of), company representatives often cannot give too much feedback to an interview for fear of being sued. They don’t want to be sued for ageism, sexism, etc. so it’s easier to not give any feedback.

Please excuse the gross oversimplification here, but also think about the company. They may be trying to recruit new employees for 100s of positions. If they interview even 3-5 people per position, they just don’t have the time to give detailed feedback to every interview. Try to think back to a time that maybe you had a crush on someone and or were dating and it just didn’t fit or feel right. Did you want to have to give a detailed explanation or did you just hope you (and they) could move on? Move on if it’s not a right fit. NEXT.

Question: If not a fit for this role, am I fit for other roles within the organization?

Answer: You can certainly ask this if you are given a rejection (and not ghosted). The truth is, the team (or people) you were interviewing with are most likely not concerned with too many other roles in the organization. They may not have been briefed on what others are looking for nor care – going back to the time thing, they just don’t have a lot of it.

However, it could be worth asking on the off-chance that Jim from another department did mention to them he was looking for someone like you. However, if you don’t hear back on that, definitely do not take it personally. They likely have no clue and it may take you applying to another position or another person in your network helping you to identify this other role during the job searching process.

Question: Why did the recruiter ghost me?

Answer: Honestly, I’m sorry that they did. It’s crappy and doesn’t feel good. It’s disrespectful and really doesn’t leave a good impression. I don’t have an excuse for them other than to say that they’re busy working to fill roles. It’s unlikely that they are on a 100% commission basis but if they are, think about how they need to move on to the next thing to keep food on their table. And even though most get paid a decent base salary, each role does lead to commission for them. It is part of their job responsibilities to find and hire the right talent. Recruiters have a lot of metrics they need to hit and they only have so much time in the day like everyone else. They may not have the luxury of time to follow up with every person that is not the right fit.

I still believe they should let you know, but chalk it up as something out of control, do your best to move on.

Request to HR/Recruiters

If there is any way at all that you can make sure you keep in touch with your job searching candidates (even if it’s to say you don’t have new updates), you will really help their anxiety and help them balance timelines and possibly other interviews and offers.

As this article from Evil HR lady shares, if you are unable to give them feedback regarding their rejection for a position, consider offering a couple things you feel they could approve upon. Your advice may not even be job specific but here are some ideas to consider that may be helpful to the job seeker:

  • Make sure you answer the phone with enthusiasm and not sound like I interrupted you or you just woke up.
  • Be sure to do company and role research for every single interview.
  • Dress to impress – even if it’s a virtual interview (and don’t forget to test your camera and audio before).
  • Turn off your phone and IM notifications when interviewing to minimize distractions.
  • Thank you emails or snail mail are still more than welcome and a nice gesture.
  • Google yourself and do a quick look at what a recruiter might see if they Google you – are impressive and professional details coming up? If not, you may want to work on pushing out some thoughtful content.
  • Tread lightly with insincere LinkedIn connection requests.

You cannot control the process so you must hold onto your hope and continue to make efforts. Hopefully this help shares some insights and helps to normalize this process.

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Opinion Editorials

Woman fired for premarital sex, raises questions of company culture

(OPINION / EDITORIAL) This unfortunate circumstance for a former David Ramsey employee has raised the age-old conversation of how to enforce a company culture.

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Company culture being established around a meeting table with dark colored drinks and notebooks.

America, the land of the free, and the opinionated. And in company culture, this is no different.

Over the years the US has grown and changed. A nation that over the centuries formed from the amalgamation of beliefs and cultures. Now let us be frank, there is a majority in certain beliefs and practices. Those groups can also sometimes come with rather large mouth pieces as well, but that isn’t always a bad thing. People’s moral and cultural compasses influence the world around us. Ultimately, we can create cults or communities. We can be harmful or helpful with how we choose to influence those around us.

When you combine that with economics, though, that’s when things can get tricky. The difficulties of mixing the cooperate world with morals and beliefs can get expensive. There are numerous instances of companies being sued for wrongful termination. Currently, Dave Ramsey’s company has recently come into the spotlight due to a lawsuit being filed against them by a disgruntled employee. The company culture has strict rules against certain extracurricular activities. Now usually people would think they would mean recreational drugs, but not in this case. As of March 8th, Ramsey Solutions has reportedly fired 8 employees over the last 5 years for engaging in premarital sex.

Caitlin O’Connor is the latest employee to deal with this situation. Now, while some of us may have seen this company culture and decided to just keep life and work separate, there’s another difficulty here. Ms. O’Connor has recently become pregnant, which leaves no doubt about her outside of work activities. Now there is a number of different emotions that happen here. A woman who is now pregnant is losing her job. This may be a person who has no desire to get married and now she’s thrust into unemployment for doing nothing but enjoying a part of life. It is a frustrating situation to say the least on her side.

In that frustration on the part of Ms. O’Connor, however, there are also similar issues on the part of the company. While they have set up this company culture and laid down rules for all their employees, they now have to uphold and find a replacement for this resource completely unexpectedly. It was not only clearly laid out in their company guidelines that they do not condone this behavior, nor its implications, but Ms. O’Connor openly admitted that she was aware of the implications of her actions as well. This company has built a community with expectations and is willing to uphold them. That is their right.

I remember growing up there was a cake shop in Colorado that refused to create a cake for a gay couple based upon their religious beliefs. It was back in 2012. In 2018 the Supreme Court ruled that the shop had the right to refuse service based on their beliefs, which to be honest was my expectation. However, in the process of this that particular his business has not flourished. Ultimately one has to decide whether they want to follow their beliefs in the face of economic hardship. It’s a true show of faith of course but also, is it practical.

Living your life, your way, is the point of this country. We have to remember to share that space with those who believe differently. Bringing no harm to others is one thing, but can we truly be a common people if we refuse to go outside of our own beliefs and morals?

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