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Op/Ed

How anyone can be more a more assertive real estate pro

(OPINION EDITORIAL) Being assertive is not the same as being bossy and while most people tell women to be more assertive, lack of assertiveness isn’t gender exclusive. Here are a few tips how to make your presence known.

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Merriam-Webster defines assertive as “disposed to or characterized by bold or confident statements and behavior.” I believe assertive behavior is the balance between being passive or aggressive.

You aren’t demanding, but you’re not dismissing your needs either.

Women are often told that they need to be more assertive, rather than passive, and men need to be less aggressive. I’m more of the opinion that assertiveness isn’t gender-specific. I believe every person needs some assertiveness training.

While I may not be an expert in assertiveness, as a freelancer, I have learned to be more assertive. Here are a few of my observations:

  • To be assertive, I had to stop feeling as if my work was unimportant. Call it confidence or self-esteem, but it was a definite turning point for me. I stopped using the word, “just.” I didn’t apologize for bothering people. I simply began stating what I needed to get the job done.
  • I defined what assertive meant to me. For me, it was the ability to stand up for my opinions and needs. This didn’t happen overnight, but it took practice. One of the key things I did was to try and be more assertive in other places, like when I volunteered. That gave me the confidence to stand up for myself in my work.
  • I use “I” statements. “I need to take next Monday off.” “I need more information about this project.” “I cannot do that this week.”
  • I’ve found that part of being assertive is taking the other person at their word and not holding a grudge. Don’t read more into their emotions than what is being discussed. Just because my co-worker hated the last idea I had shouldn’t stop me from exploring new ideas with the team.
  • It is very difficult to change old behaviors. I have mentors and coaches that I talk to about my successes and failures. This has helped me figure out what I’d do differently if I had the chance. Trust me, it isn’t easy to be introspective about the time you blew it, but it’s been very beneficial in all the areas of my life.
  • I’ve apologized when it was appropriate, but I don’t beat myself up, either. The other day, I missed one part of an assignment. In the past, I would have not taken any more assignments as punishment. Instead, I apologized that I missed it and fixed the assignment. Then, I took another block of work and moved on. It was freeing.

Being assertive isn’t easy. But it is very rewarding.

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Dawn Brotherton is a staff writer at The American Genius, and has an MFA in Creative Writing from the University of Central Oklahoma. Before earning her degree, she spent over 20 years homeschooling her two daughters, who are now out changing the world. She lives in Oklahoma and loves to golf. She hopes to publish a novel in the future.

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Op/Ed

Procrastinate with purpose by following the Zeigarnik effect

(EDITORIAL) Procrastination is almost inevitable, but what if that procrastination could increase your productivity?

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Let us speak together of the Zeigarnik Effect. But only after I’ve made a cup of tea. See, that’s the nature of the Zeigarnik Effect.

In addition to having a rad name – seriously, I feel like I’m revealing mysterious secrets from the Eastern Bloc, which I technically am – the Zeigarnik Effect tracks a quirk of human cognition that can, once properly hacked, increase productivity by making procrastination work for you.

Bluma Zeigarnik’s original study, which has had its results repeatedly replicated, states that an interrupted task, or a task the subject knows is not yet complete, stays in the back of the mind while they do other things.

The original subjects were waiters.

Bluma Zeigarnik found that service professionals remembered details of a given order when that order was still open, even if they were busy working on something else, but once it had been completed, the details vanished.

What might seem like a procedural consequence of waiting tables – not like you have to remember the doneness of the cheeseburger you gave somebody who left the restaurant an hour ago – has since been demonstrated in tasks from jigsaw puzzles and flatpack furniture to WoW and SimCity.

It’s not a job thing. It’s a brain thing.

When you leave something undone, and you know it’s undone, there’s still a little mental RAM whirring away, working at it.

That’s awesome.

I’m going to go out on a limb here and say some of you do not spring out of bed Monday morning singing like a Disney protagonist and throw yourself into every task set before you with motivational poster vigor. I mean, I didn’t, and I like my job.

Hence my cup of tea. I literally wrote those two sentences, then went and made a cup of tea.

Field test. It works.

That’s the Zeigarnik hack – do what needs doing for 5 or 10 or 15 minutes, then stop. Aquire your legal stimulant of choice, or talk to coworkers, or do anything else your workplace allows that isn’t the particular task you’re aching to procrastinate on.

The Zeigarnik Effect won’t do the work for you, but when you set yourself to that job again, you’ll have more ideas and more energy than you did when you started.

Your brain doesn’t like incomplete tasks any more than your boss does.

When a task seems past you or you just don’t wanna, set a time period – 15 minutes is good, but experiment – and let your mental firmware work on it for a bit while the rest of you does something else.

Zeigarnik is procrastination with purpose, a way to get something done without overtaxing either your time limit or your will to live.

Give it a shot. I did, and I got a solid article and a hot cup of Darjeeling out of the equation. Top that for a Thursday morning.

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Op/Ed

Why men are called ‘creators,’ and women ‘influencers’ (or not)

(EDITORIAL) A sh*tstorm has been brewing regarding why men are supposedly referred to as “creators” while women are called “influencers,” and it gets complicated before it simplicity is revealed…

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According to a recent WIRED editorial, a woman is more likely to call herself influencer, while a man is more likely to call himself a creator, because, “Generally speaking, women consider themselves part of the product, while men separate their notion of self from their labor, considering themselves its “creator.”

Besides being no more founded than “generally speaking” though, this sort of notion first assumes creators and influencers encompass the same job description, with the only delineating factor being gender.

In fact, one of the earliest assertions made in the editorial notes, “Really, the only way to guarantee that people will think of your online celebrity as ‘influence’ is to be a woman.”

When ”really,” there is a world of women who identify as creators and men influencers; the differences can be seen in their varying job descriptions, history, and business needs that each fulfill. Therefore, the issue at hand should not be “why men are called creators and women are called influencers,” but “why we should call influencers ‘influencers,’ and creators ‘creators’.”

And that is what we will explore today.

First, let’s understand what an “influencer” is and what a “creator” is.

Before getting into explanations, and differences, it is important to note that influencer and creator are most always a term people use to identify themselves, so the true meaning of the word is specific to each individual.

Generally speaking though, today’s influencer is someone who has educated themselves enough to be considered an authority in their niche (or can at least present themselves as informed). They use this authority, along with their personal brand,to persuade and inspire their following for gain, which can be monetary, or in the form of free products, and/or free publicity.

Influencers often make their gains by partnering with brands to promote their product, or from creating a product themselves, and selling it to their following directly.

For an influencer, a larger audience or following is linear with gains, so a large amount of their focus is on the numbers – followers, website visitors, comments, and likes. The rest of their focus is in making sure those followers are influenced enough to consume whatever is being promoted.

Why businesses tap into influencers’ networks today.

The sole reason businesses hire influencers is for exposure. We’ve all heard “what good is your product/service if no one knows it exists?” or something similar, and for brands, that is exactly what influencers are hired to help with. They act as distribution channels by bringing more eyeballs which, if done properly, translates into more money.

A creator, on the other hand, is more concerned with the finished product of their work and the creation process it took to get there.

So, what is a creator?

Depending on what they are working on, a creator is an artist, producer, maker, writer, or composer who gets paid for captivating work. This person is usually more passionate about design, brand collateral, video creation etc. than persuading the people who will consume their work.

More followers, higher monthly reach, and increased engagement rates don’t excite the devout creator like strategy, composition, and contrast does. For them, one superior piece of work (think one overall cohesive brand package) is more satisfying than producing a mass of mediocre work.

Promoting themselves like an influencer isn’t as important as showing their work. Take my close friend, Chad as an example; he produces a podcast that boasts over a million listeners, and averages 20k views on each Instagram video, which you’d never know by looking at his personal profile. There, he has 2.5k followers, posts every four months, and gets most of his comments from old college friends – all of whom work for him. His virtue, like a lot of creators, is in the quality of his work.

Why businesses hire creators.

Creators do for businesses what a boutique ad agency would do, typically for a fraction of the cost. They use their art to build brand assets, establish brand identity, and create campaigns. While influencers are used as “the face,” a creator could be used as a “face” or the behind the scenes person who you never see. In a sneaker campaign for example, a creator might be tasked with taking cool pictures of other people’s street style, while an influencer would promote themselves in the shoes.

Creators and influencers are different and fulfill different business needs, but they are not mutually exclusive.

A creator can do influencer work, and there are influencers who create magnificent work without them in it. It’s a matter of self identity.

Influencers are also inherently tied to monetizing their content or, “…building a platform with he intention of being used by brands for marketing purposes,” according to Natasha Hunes, a Youtuber who self-identifies as a creator. Hunes adds that a creator is in for the self-expression, not money, adding “I don’t think the claim that most women don’t identify as creators is factual.”

Let’s dissect the history of the two terms.

The biggest factor in establishing the difference between creator and influencer is the history of the two. In a response to the WIRED piece, Taylor Lorenz gives an in-depth history of how “creator” predated “influencer.”

It all started in 2011, when YouTube wanted to replace the boring term “YouTube Stars” for a more inclusive way to describe their multi-talented content creators.

“These people were more than onscreen tales,“ said Tim Shey, a former employer of YouTube, “They could write, edit, produce, do community management, and were entrepreneurs.”

During the search, YouTube forged a partnership with Next New Networks, a multi-channel network specializing in viral content, and started a program called the “Next New Creators” program. This program was designed to help independent YouTube stars grow their audience to the point of monetization. The program became such a hit, the word “creator” stuck at YouTube and began to be the phrasing of choice for their press releases, and future programs.

They went on to open a number of “creator hubs” and studios for YouTube creators to collaborate with one another.

From 2011 to 2016, the video platform continued to promote their new world of creators and hit the sweet spot in 2015 after launching a massive creator ad campaign. This campaign plastered different creators’ faces on billboards, taxis, buses, and subway stops all over New York and L.A., as well as in magazines and commercials. All of the language referred to the people in the ads as creators, and that’s when the term became mainstream.

Not long after, other platforms caught on – in 2015, Tumblr also began referring to their power users as creators and launched a division called “Tumblr Creators Network.”

Influencers went mainstream in 2017, two years after creator did, and according to Lorenz, was the response to the rise of Instagram, Twitter, Pinterest, and sponsored posts.

As the “new kids on the block” influencers were initially stereotyped as less worthy than traditional YouTube creators, who had spent years establishing their base on an older platform, and a larger platform than IG, Twitter, and Pinterest. Therefore, Lorenz believes the distinction between creators and influencers are not gender related, but more so “platform-agnostic.” This means you’re more likely to find YouTubers identifying themselves as creators, while IG, Twitter, and Pinterest users typically identify is influencers.

And while I do understand Lorenz’s “platform-agnostic” argument more than WIRED’s position that it is a gender-based distinction, I believe that the differentiation as self-assigned terms are a lot simpler than we think.

Man or woman, YouTube or Instagram, people just want to be called what they identify with.

Creators want to be called creators because they relate more with creating, and influencers want to be called influencers because they enjoy interacting with and influencing their following.

Remember my friend Chat, the podcast producer? I asked why he identifies with creator and not influencer, despite some of his work being influencer-based.

His answer?

“I feel more like a creator.”

And I felt THAT.

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Op/Ed

Privacy issues and real estate listing photos (+ how to get yours removed)

(REAL ESTATE) Listing photos are the currency of real estate sales, but understanding the process can be complex.

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In the real estate world, photos sell. Everyone loves a complete set of listing photos…

Buyers love previewing homes on their phones and computers.

Sellers generally want their home to have maximum exposure to as many websites, agents, and potential buyers as possible.

The loss of privacy is often overlooked in the excitement of the moment. I live and work in California. Your state may vary slightly, but if you are a public recording state like CA, this advice should transfer.

Sellers, Buyers & Listing Photos

We’ll discuss the following:

  • How do real estate listing photos get to the internet?
  • What a seller agrees to about photos and online photos.
  • Disclosures about online privacy/photos that a buyer may see.
  • What a buyer/seller typically agree to in their purchase contract.
  • What rules govern photo and info display on websites?
  • What happens to listing pictures when the home is sold?
  • What can you do?

How do real estate listing photos get to the Internet?

Typically:

  1. The seller signs a listing agreement.
  2. The broker uploads photos into the local MLS (Multiple Listing Service) and makes a representation about ownership and licensing/distribution that is authorized by the listing agreement or other document. Sellers can opt out of this but typically don’t.
  3. The local MLS distributes the listing compilation (photos, info) to brokers. Sellers can opt out of this but typically don’t.
  4. The local MLS distributes the listing compilation to third-party companies such as Zillow or syndication companies that, in turn, redistribute the listings to a wide variety of real estate websites. Other feeds go to individual agents or some brokerage websites at a fee. Sellers can opt out of this but typically don’t.
  5. The local MLS is obligated to give a copy of the listing to realtor.com per a separate agreement.

What a seller agrees to about photos and online photos

Most listings in California use the CAR residential listing agreement, which clearly explains what the seller is agreeing to, who owns the images, and what control a broker has (none) after those images are entered into the MLS and syndicated to third party sites. Here are relevant excerpts:

CAR Residential Listing Agreement

PHOTOGRAPHS AND INTERNET ADVERTISING:
A. Seller agrees (or if checked___, does not agree) that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Property (“Images”) for static and/or virtual tours of the Property by buyers and others for use on Broker’s website, the MLS, and other marketing materials and sites. Seller acknowledges that once Images are placed on the Internet neither Broker nor Seller has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Seller further assigns any rights in all Images to the Broker and agrees that such Images are the property of Broker and that Broker may use such Images for advertising, including post sale and for Broker’s business in the future.

B. Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs, videos or other images of the property. Seller understands that Broker does not have the ability to control or block the taking and use of Images by any such persons….Seller acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting instruction in the MLS or who take images regardless of any limiting instruction in the MLS. Once Images are taken and/or put into electronic display on the Internet or otherwise, neither Broker nor Seller has control over who views such Images nor what use viewers may make of the Images.

Disclosures about online privacy/photos that a buyer may see:

CA Statewide Buyer and Seller Advisory (approx 13,650 words over 14 pages of dense text):
Page 13 of 14:
…Buyer and Seller are advised that Broker has no control over how long the information or photos concerning the Property will be available on the Internet or through social media, and Broker will not be responsible for removing any such content from the internet or MLS. Brokers do not have expertise in this area.

CA Buyer Representation Agreement – Exclusive (rarely used in SF)
INTERNET ADVERTISING; INTERNET BLOGS; SOCIAL MEDIA: Buyer acknowledges and agrees that: (i) properties presented to them may have been marketed through a “virtual tour” on the Internet, permitting potential buyers to view properties over the Internet, or that the properties may have been the subject of comments or opinions of value by others on Internet blogs or other social media sites; (ii) neither the service provider(s) nor Broker has control over who will obtain access to such services or what action such persons might take; and (iii) Broker has no control over how long the information concerning the properties will be available on the Internet or social media sites.

CA Buyer Representation Agreement – Non-Exclusive
INTERNET ADVERTISING: Buyer acknowledges and agrees that: (i) properties presented to them may have been marketed through a “virtual tour” or the Internet, permitting potential buyers to view properties over the Internet; (ii) neither the service provider nor Broker has control over who will obtain access to the service or what action such persons might take; and (iii) Broker has no control over how long the information concerning the properties will be available on the Internet.

I could not find any language in the CA Buyer Representation Agreement – Non-Exclusive/Not for Compensation with regard to this issue.

What a buyer/seller typically agree to in a Purchase Contract

Most purchase agreements used in California have language saying the buyer and seller expressly agree that the sale and associated information are to be reported to the MLS.

The Parties hereby grant to the San Francisco Association of REALTORS® Multiple Listing Service (“MLS”) the right to publish and disseminate the sales price, terms of this Contract and other information about the Property and authorize their respective Brokers/Agents to submit such information under the applicable MLS rules.
— San Francisco Purchase Agreement

Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS.
— CAR Residential Purchase Agreement

Whose rules govern online photo display?

Brokers/Agents
Three entities make the rules about what agents and brokers can display on their websites:

  1. The local association (in our case, the San Francisco Association of Realtors/SFAR)
  2. The state association (California Association of Realtors/CAR)
  3. National Association of Realtors (NAR).
  4. Most state associations have adopted NAR’s model MLS rules in order to obtain liability insurance through NAR, and local associations adopt their own rules in line with the state and national model rules in order to also have access to the same liability coverage. To mix several metaphors: That’s the carrot that keeps this herd of real estate cats vaguely glued together.

    Local SFAR rules stipulate that:

    SFAR MLS Rules/Regulations 2018
    …By submitting photographs to the MLS, the Participant and/or Subscriber represents and warrants that it either owns the right to reproduce and display these photographs or has procured such rights from the appropriate party, and has the authority to grant and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the photographs in accordance with these rules and regulations.

    Zillow, Trulia & other 3rd party websites
    The use of photos by private companies is governed by their licensing agreement with the entity that provided the photos, as well as any other site-specific privacy or user policies. In general, if a third-party website — such as Zillow, Yahoo, realtor.com, Facebook, or any other non-broker/agent website with real estate listings — is getting a legitimate data-feed, they are also getting a perpetual license to display/use the images. As I said, privacy policies vary widely, so I’m not going to post them all here.

    What happens to the listing when the sale closes?

    The real estate industry spent years resisting the publishing of sales data on the internet, but in 2018 NAR updated its policy to prevent state or local associations from blocking brokers or agents from displaying historical sales data going back to the arbitrarily chosen date of January 1, 2012*. When a sale closes, an agent typically has 1- 3 days to report the closed sale to the MLS with sales price and other terms of the sale.

    *California is a public records state for real estate transactions. Some states (Texas, for example) record real estate transactions privately, and information about the sale is not available in the public record. The NAR policy says that if you are in a public records state, you can’t be prevented from displaying sold data, but in states like Texas where real estate sales aren’t public record, the NAR policy doesn’t apply and sold data can continue to be withheld from display.

    And that’s what happens. When the sale closes, the pictures all remain and the listing is updated with the sales price. The entire property used to be removed from the IDX feed, but now it no longer typically is. Same thing with third-party websites.

    What can you do?

    There’s no official place to go for requesting removal of photos. Usually, the brokers you worked with or the local MLS where your property is listed are the best places to start.

    After the sale has closed:

  • Contact the local MLS and request removal of the public display of your home’s interior photos.
  • Ask the MLS if this change will remove them from the IDX/broker feed or if additional calls are necessary?
  • Contact brokerages/agents that have your sold data displayed and make the same request.
  • Contact 3rd party sites like Zillow, Trulia, etc. and claim the home as an owner and then request removal of photos.
  • Want exterior photos removed? Be sure to request that. You can also have your home’s exterior obscured on google maps.

The painful tip we don’t want to share, but… before the sale has closed:

I hate to share this tip because it devalues the MLS for all participants using it for comparable sales valuations – but here’s the trick… When in contract, but before the close of escrow ask the listing agent to remove all of the photos with the exception of an exterior (generally required by MLS rules).

Again, removing interior photos (which do the best job of portraying overall condition/layout) dramatically hurts the value of the MLS. However, it vastly reduces the number of sites you need to contact after closing to remove property photos.

In summary

Rare is the house listed for sale that no longer is immediately published all over the internet. Sellers grant their brokers the right to take and publish photos. Brokers publish those photos primarily in their local MLS, which then distributes them to a number of brokerage and agent websites, as well as 3rd party real estate websites.

The public display of sold data means interior home photos are likely to linger on the internet forever unless an owner actively requests their removal.

Removal of photos is subject to a variety of policies, but most companies tend to cooperate. If you’d like your photos removed, the best place to start is with the brokers involved in your transaction prior to the close of the purchase.

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