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NAR, Move respond to Zillow’s “Coming Soon” feature

Zillow’s “Coming Soon” feature has reignited arguments surrounding the rules of the road, and NAR responds strongly.

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The recent announcement of Zillow’s “Coming Soon” feature has reignited passions surrounding pre-MLS listings, and has become a very divisive issue in the industry. Pennsylvania Broker, Erica Ramus opined that Zillow is responding to a market demand, and highlighted the upside of the new release.

But Ramus is not in the majority (perhaps the growing minority, but currently takes an unpopular position). The National Association of Realtors (NAR) responded to Zillow’s announcement with a complete guide outlining the legalities surrounding “coming soon” listings, positioning these types of listings as being “withheld” from the MLS.

When to take a “coming soon” listing

In a statement, NAR asserts that there is a right and wrong way to take a “coming soon” listing.

“The first important step in advising a seller-client on whether to advertise a property as ‘coming soon’ is to identify the client’s best interests, as defined by that client,” said National Association of Realtors® General Counsel Katie Johnson. “Failing to act in the client’s best interest and failing to disclose the pros and cons of a limited marketing plan, such as ‘coming soon’ advertising, can violate state real estate license laws and regulations, MLS policies, and the Realtor® Code of Ethics.”

Johnson adds that “It’s important that sellers understand the implications of various ways of marketing the property so that they can knowingly determine the choice that best serves their interests. If a broker determines that “coming soon” advertising is in the client’s best interest and confirms that the client understands the possible consequences, then it is imperative for the broker to know the real estate license laws and regulations of their state to ensure that such advertising is in compliance. A broker who fails to comply with state laws and regulations risks facing disciplinary action from licensing authorities, as well as the possibility of litigation from unsatisfied clients.”

State laws vary

State license laws vary, NAR notes, pointing out that an angry seller could claim a broker failed to obtain the highest possible price by excluding it from the MLS, and the client may not have understood that “the marketing of the property might not achieve the highest price.”

NAR points to Colorado’s recent “CP-44 Commission Position on Coming Soon Listings” which clarifies that a licensee’s existing duty to “promote the interests of the seller or landlord with the utmost good faith, loyalty, and fidelity” which requires Colorado licensees to advise clients during the negotiation of the listing contract of the benefits or risks of limiting a property’s exposure through “coming soon” advertising. The broker’s motivation for such limited exposure of the property must be for the seller’s benefit – not the licensee. The Commission Position concludes by requiring licensees to describe in the listing contract the marketing plan agreed upon by the broker and seller prior to any marketing being performed.

In South Carolina, advertising a property as “coming soon” before entering into a listing agreement with the seller violates South Carolina license law.

By pointing out Colorado and South Carolina, NAR tells its members that at all times, they must ensure that their advertising complies with local MLS rules.

And of course, the Code of Ethics

NAR urges members to consider the Code of Ethics when advising clients on whether or not to market properties as “coming soon.”

“Realtors® must remember to promote and protect the interest of the clients, present a true picture in their advertising, marketing, and other representations, and make property available to other brokers for showing to prospective purchasers when it is in the best interest of the seller,” said Johnson. Failing to do so harms the reputation of the broker and Realtors® generally and may result in disciplinary action from the broker’s local association of Realtors®.

Where is Realtor.com in all of this?

Realtor.com, operated by Move, Inc. has mostly stayed out of the fray, but Suzanne Roy, Industry Outreach at Move, Inc. tells Realuoso, “Move is closely following the discussion among professionals in organized real estate about how ‘pocket listings,’ or so-called ‘pre-market’ listings, effect consumers and the industry.”

So what’s next?

Although not a new debate, it has come to a head as Zillow puts their stamp on the issue, and the NAR has responded strongly, and Move, Inc. is quiet but is certainly not ignoring the argument.

Agents and brokers will consider their individual positions and local and state associations are taking on the debate, but mostly behind closed doors. Watch for groups like the Austin Board of Realtors to make decisions regarding how pre-MLS listings may or may not appear in the MLS, and what rules surround these types of listings.

Tara Steele is the News Director at The American Genius, covering entrepreneur, real estate, technology news and everything in between. If you'd like to reach Tara with a question, comment, press release or hot news tip, simply click the link below.

Real Estate Corporate

STOP giving Zillow your ad money, listing data – today, they’re a competing brokerage

(REAL ESTATE) We’ve warned of this for years, the industry funded it, and Zillow Homes brokerage has launched, and there are serious questions at hand.

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Zillow Homes was announced today, a Zillow licensed brokerage that will be fully operational in 2021 in Phoenix, Tucson, and Atlanta.

Whoa, big huge yawn-inducing shocker, y’all.

We’ve been warning for more than a decade that this was the end game, and the company blackballed us for our screams (and other criticisms, despite praise when merited here and there).

Blog posts were penned in fiery effigy calling naysayers like us stupid and paranoid.

Well color me unsurprised that the clarity of the gameplan was clear as day all along over here, and the paid talking heads sent out to astroturf, gaslight, and threaten us are now all quiet.

They figuratively swore on their collective dead grandmothers’ graves that they’d never ever EVER ever ever practice real estate, but they’ve openly inched closer and closer to that status, with today marking the official date that no human can make that pinkie promise ever again.

Years ago, they began acquiring startups that pointed to this end game. Then they promised they were seeking brokers licenses across the nation so their operations and referral partnerships were more legit and they could do more than just soak up your ad budgets like an unworthy, moldy sponge, they could panhandle for your referral fees and inhale MLS feeds created by Realtors.

Fast forward to today, and they’re literally a traditional real estate brokerage.

Your ad dollars funded this.

Yawn. BUT…

How can anyone defend sending their listing data to Zillow? I mean they did swear on their dead grammy that they’d remain an entertainment media/search site in perpetuity.

How can any broker defend pouring ad money into a competitor? If you’re a KW broker, do you spend $10K to advertise on Coldwell Bankers’ main site or C21’s portal? OF COURSE NOT BECAUSE YOU HAVE A BRAIN. One that can read, write, and reason.

So why then would Zillow remain part of your marketing strategy now that they’ve pulled the final band aid off of the mound of band aids masking their subterfuge of your business?

Let’s say I haven’t convinced you because you like their logo, you think their leadership is geeky chic and you want to be like them. Okay, let’s watch the launch video together:

Such script. Much wow.

If you had “reimagine,” “innovation,” “streamline,” and “raising the bar” on your Real Estate Bullshit Buzzwords Bingo card, you win the chance to do one whole eyeroll, and I mean a really dramatic one. Go ahead, I’ll wait…

I want to be upset by this, but we’ve watched this ultimate trainwreck in super slow motion, so their explanation of the “hand off” being “confusing” as their inspiration is just laugh worthy. And sadly, expected.

What if your worry is that these big boys will use your data to find the “best” agents? Don’t worry, they swear again on their grammys’ graves that they won’t use their massive data to pinpoint talent and recruit agents from other brokerages, they’ll only use current employees and get ’em licensed up to stand “shoulder to shoulder” with you in your business. They can’t even come up with their own model, they’ve lifted yours and Redfin’s model. Oooh, innovative.

There’s no surprise in today’s news, but the excuses and delivery are overwhelmingly nauseating.

But hey, at least they no longer have to pretend that they took your money and data all of these years to benefit their eventual brokerage launch.

Next up, we’ll explain what this has to do with Zillow’s patent spree and how it will inevitably and irreversibly damage the real estate industry (these people really are evil geniuses, you’ve gotta give it to ’em).

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Real Estate Corporate

JPMorgan hurries to open and already has a case of COVID-19

(BUSINESS NEWS) JPMorgan has been eager to return employees to their office. But reopening has already resulted in a COVID-positive employee, raising staff concerns.

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JPMorgan interior office, hoping to return to normal.

JPMorgan’s New York branch is suffering reopening setbacks after a newly-returned employee already tested positive for COVID-19. After nearly six months of working at home, the company is eager to get workers back into the physical office and set a hard September 21st deadline for equity traders and senior management. In a report by Bloomberg, at least one unidentified worker has tested positive for the virus on the fifth floor of the 383 Madison Ave. building last week.

This case merely reflects the massive challenges facing companies across the world as workers are asked to return to office spaces. Some offices buildings are getting the coronavirus renovation treatment à la touch-less doors and faucets, improved air ventilation systems, and wet wipes and hand sanitizer galore. But the risk of exposure is never zero.

JPMorgan is one of the few banks putting pressure on reopening. Over this summer Chief Executive Officer Jamie Dimon has voiced concerns about the ramifications of extending remote work. He recently told Keefe, Bruyette & Woods analysts that productivity has slipped as employees work from home, with output primarily affected on Mondays and Fridays. He’s advocated for the government cautiously reopening cities in order to improve the economy.

Rightly, employees are concerned about their safety over the company incentive to bring back their pre-pandemic profits in-office. JPMorgan’s aggressive strategy is quite different from American Express. They hold about as much presence in NYC, and are allowing all its employees to work remotely until July 2021.

JPMorgan spokesman Brain Marchiony declined to to say how many workers tested positive this week though he said the company is “is following appropriate protocols when they occur.” Marchiony did not comment on whether the push to reopen would continue, or what percentage of employees were working in branch offices.

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Real Estate Corporate

Zillow hit with double whammy discrimination allegations

(CORPORATE) Zillow is facing new allegations of discrimination between employees based on their gender and how unequally they were treated during a crisis.

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Zillow discrimination suit

We can all agree that violating the Americans with Disabilities Act makes you a capital D D-bag, right?

When a company (or CITY – looking at you, every tilted, rampless sidewalk in Austin) refuses to build accessibility, accommodations, and human GD dignity into their physical, corporate, and digital infrastructure, not only are they breaking the law, they’re being a bunch of unwiped butts.

Today, it looks as though my favoritest real estate site, Zillow, stands accused of being among that skidmark-leaving number.

Now because I’m too cute for defamation suits, I need to be 100%, crystal clear, like clear enough for a bird to fly into it, that Zillow has not been found guilty of anything. We’re going to report on the allegations and the suit brought against the company, but until Zillow gets their day in court, neither this esteemed publication nor I myself can say what definitely did or didn’t happen.

Said allegations are being brought against Zillow by Mr. Michael Cerce, and they’re as such:

Jane Doe at Zillow had her phone stolen, and was being harassed by someone awful, who also made mention of Mr. Cerce in their threats. Zillow stepped up and offered her protection with a security detail, all the days off she needed and… asking Mr. Cerce to step into danger for her.

Mr. Cerce further alleges that while Jane Doe rightly got paid days off to deal with her trauma, he wasn’t afforded the same resources, having his time off requests to take care of his mental health denied, having his concerns about company security dismissed, and not being afforded his commission payments during a leave of absence related to the stalking.

It might actually behoove me to say “the assumed stalking” though, as Mr. Cerce has come to believe he may have been collateral or intentional damage in a hoax perpetrated by Jane Doe.

So. Allegedly. Mr. Cerce was, I repeat ALLEGEDLY, discriminated against on the basis of disability as he was diagnosed with PTSD during counseling related to these allegations, as well as on the basis of sex as he claims a female employee was treated with more respect during similar travails.

To paraphrase the kids these days,  that’s effed up if true.

It should be obvious, but because I know it’s not, I’ll say it anyway. Someone’s being a man doesn’t mean that said someone comes automatically equipped to shrug off being stalked, threatened, harassed, and denied opportunities for healing from an ordeal.

Furthermore, not all disabilities are easily visible, though according to witnesses named in the suit, Mr. Cerce was noticeably distressed for days at a time.

If the allegations are found to be true in a court of law, then Zillow’s got a pretty serious deal on its hands, and we’ll have more as the story develops.

No matter how things shake out in court, ideally, public spotlight of the case will lead more folks of the gentlemanly persuasion to continue standing up against ACTUAL unfair treatment regarding their physical safety and mental health.

Fingers crossed (and Covid triple washed) for justice.

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