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Op/Ed

The dangers of pre-MLS, pocket listings, listing clubs, and off-MLS listings

Pre-MLS listings are used for a variety of reasons, but as they become more popular for their advantages, let us look at the disadvantages.

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off-market listings

There are some past real estate practices that are now explicitly illegal. Referral fees deemed harmful to consumers were explicitly banned by RESPA. Dual agency is likewise under scrutiny, with mandatory disclosures being created to discourage the practice and the practice is now illegal in several states, with more states likely to come. If a practice is bad for consumers, it’s not likely to stay legal for long, and those who engaged in the practice might find themselves in serious trouble.

Pre-MLS, listing clubs, pocket listings, and off-MLS listings all fall into this category. All of these involve an agent or broker keeping a property for sale off of the MLS, for sale to a buyer:

  • found by word of mouth
  • found by sharing the property with agents in the same office,
  • found by sharing the property with a larger group of agents over coffee, through email, or through Internet sites.

In all cases, the agent’s aim is to get the entirety of the commission, or at least to have it stay within his own brokerage or other group that provides the agent some advantage. Given everything we know about the dangers of these forms of non-listing for the client:

  • minimizing exposure to audiences, both local and on web, who might purchase the property,
  • minimizing the number of offers received, and
  • property fetching lower sales price,

the agent is clearly privileging his own interests over the client’s. Like referral fees and dual agency, this practice is bad for consumers.

Even the government has taken action

We’ve already seen those “in the know” enact rules requiring MLS listing. In August of 2013, Fannie Mae said that it wouldn’t approve short sales unless the property had had an active MLS listing for at least five straight days including a weekend. I think that’s just the start – the government is aware of the financial harm caused by not giving a listing proper exposure. Take heed.

Some might ask, “Is MLS entry really needed to get top dollar for a listing?” Where it has been studied so far, the answer has been, “Yes!” In one study (at MLSListings), for every $100,000 of home sold, not having an MLS listing cost the sellers an average of $15,000. Do agents really think that once a consumer realizes they may have taken a $150k haircut on that million-dollar home just so the agent can get an extra 2-3% on a transaction, they’re not going to take action?

Financial harm to the consumer isn’t the only issue at hand

Financial harm to the consumer isn’t the whole of the issue either. In a recently published article, attorney Grant Harpold made the following additional points:

  • If a consumer makes a claim against the broker, the insurance company carrying the liability insurance may “take the position that intentionally leaving a property off of the MLS is not covered, i.e., no REALTOR® should be that careless.”
  • Such listings may actually “deny certain people access to the purchase of property. If only certain buyers are allowed to bid on the property, then the REALTOR® runs the risk of being party to a discriminating act, even if unintentional.”
  • A broker or agent may also “be subject to antitrust laws that are in place to promote competition.”

Handling off-MLS listings when clients request them

While the practice may still be legal, Mr. Harpold recommends that agents engaging in the practice explain the risks to the property owner and have them formally sign off on all of the risks – in writing. There may be instances where a sophisticated client – a celebrity or other high-net-worth individual – wants to use an off-MLS listing to protect his/her privacy.

If so, s/he can sign a form explicitly acknowledging the dangers of such a listing. It is worth noting, though, that there are alternatives to off-MLS listing in such a case, such as restricting the listing’s Internet display in the MLS context.

The practice is increasingly popular

In desirable areas with a shortfall in housing inventory, such as the San Francisco Bay Area, this practice is increasingly popular. Fully 29.4% of listings in Contra Costa County, in the Bay Area, were off-MLS in 2012. This provides increasing occasion for bad outcomes and even abuse, all of which will filter back to regulators, trial lawyers, and legislators. Without some tangible incentive for agents to keep listings within the MLS, an unwanted, imposed solution is likely down the road.

If the practice of off-MLS listing continues, we may expect one or more of the following outcomes.

  • NAR will step up and require MLS entry as a standard of practice.
  • Attorneys will smell blood and start a class action lawsuit against brokerages, leading to the practice’s decline.
  • A law will be passed prohibiting the practice.

The real question I’m left pondering is whether this practice will worsen perceptions of the industry before the trend fades away due to market conditions or is stopped by legal means.

This editorial first published in May 2014.

Matt Cohen has been with Clareity Consulting for over 17 years, consulting for many of the real estate industry’s top Associations, MLSs, franchises, large brokerages and technology companies. Many clients look to Matt for help with system selection and negotiation. Technology providers look to Matt for assistance with product planning, software design, quality assurance, usability, and information security assessments. Matt has spoken at many industry events, has been published as an author in Stefan Swanepoel’s “Trends” report and many other publications, and has been honored by Inman News, being listed as one of the 100 Most Influential Real Estate Leaders.

Op/Ed

How to go about delegation to *actually* bring about peak productivity

(OPINION) Delegation is well, a delicate subject, and can end up creating more work for yourself if it isn’t done well. Here’s how to fix that.

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Man talking on virtual meeting, using delegation to get more work done.

Delegating work is a logical step in the process of attaining peak efficiency. It’s also a step that, when executed incorrectly, leads to a huge headache and a lot of extra work for whomever is delegating tasks—not to mention frustration on the part of those asked to complete said tasks. Here is how you can assign work with the confidence that it will be done quickly and effectively.

Firstly, realizing that a “one size fits all” approach doesn’t work can be a bit of a blow. It’s certainly easier to assign tasks across the board and wait for them to be completed; however, when you consider how much clean-up work you have to do when those tasks don’t end the way you expect them to, it’s actually simpler to assign tasks according to employees’ strengths and weaknesses, providing appropriate supports along the way.

In education, this process is called “differentiation”, and it’s the same idea: If you assign 30 students the exact same work, you’ll see pretty close to 30 different answers. Assigning that same piece with the accommodations each student needs to succeed—or giving them different parameters according to their strengths—means more consistency overall. You can apply that same concept to your delegation.

Another weak point in many people’s management models revolves around how employees see their superiors. In part, this isn’t your fault; American authority paradigms mandate that employees fear their bosses, bend over backward to impress them, and refrain from communicating concerns. However, it is ultimately your job to make sure that your employees feel both supported and capable.

To wit, assign your employees open-ended questions and thought-provoking problems early on to allow them to foster critical thinking skills. The more you solve their problems for them, the more they will begin to rely on you in a crisis—and the more work you’ll take home despite all of your delegation efforts. Molding employees into problem-solvers can certainly take time, but it’s worth the wait.

Finally, your employees may lack strength in the areas of quality and initiative. That sounds a lot worse than it actually is—basically, employees may not know what you expect, and in the absence of certainty, they will flounder. You can solve this by providing employees with the aforementioned supports; in this case, those look like a list of things to avoid, a bulleted list of priorities for a given project, or even a demo of how to complete their work.

Again, this sounds like a lot of effort upfront for your delegation, but you’ll find your patience rewarded come deadline time.

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Op/Ed

5 ways consumer behavior has changed due to the pandemic

(EDITORIAL) The pandemic has changed the way a lot of people look at and act in the new world. These are the biggest 5 changes you should be aware of.

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5 cards showing what people think is most important due to the pandemic.

COVID is still affecting businesses in multiple ways, all dependent on the industry. One thing that affects every business, regardless of industry, is customer behavior. It’s no surprise that customers are changing their behavior to meet the challenges of the pandemic. Near the start of the pandemic, Google released a playbook of information regarding behavior that may help your business. Use this information to help you shift your marketing efforts going forward.

  1. Consumers are using multiple devices more than ever before.
    With kids home trying to do school, parents who are working from, and people who are still searching for their next job opportunity, content is being consumed at record rates. According to Google, Americans are watching 12 hours of media content each day.
  2. Increases in search for critical information.
    Online grocery shopping and cooking videos are top searches these days while more Americans are staying home. Telemedicine is another hot search topic. People are looking for ways to stay to themselves and be protected.
  3. Consumers want to stay connected online.
    Google announced that in April 2020, Google Meet hosted over 3 billion minutes of video meetings. YouTube has seen an increase in “with me” videos. People are filming themselves going about their day to connect with their friends and family. Virtual events have changed how people meet up.
  4. Routines are changing to be “internet-first.”
    Telecommuting is a top search these days as consumers try to find ways to work from home. People are looking for exercise options that can be managed at home. Consumers are using the internet to find options that keep them socially-distanced but connected to their routine.
  5. Self-care is taking a higher priority.
    Meditation videos are being consumed at a higher percentage than before. People are looking for books, games, and puzzles to stay occupied at home.

Consider your business against consumer behavior: COVID restrictions may be easing, but consumer behavior will forever be changed. Your business can use this information to change your marketing to meet consumers at their point of need.

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Op/Ed

Redoing your home office for the new year? Get rid of these 5 things

(EDITORIAL) Since many of us are working entirely from home now, we are probably getting annoyed at our home office, so let’s take a crack at minimalism!

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Home office set up with monitor, keyboard, and mouse.

The pandemic has changed human behaviors. As more people stay home, they’re seeing (and having to deal with) the clutter in their homes. Many people are turning to minimalism to reduce clutter and find more joy in their own space, including their home office. There are many ways to define minimalism. Some people define it as the number of items you own. Others think of it as only owning items that you actually need.

I prefer to think of minimalism as the intentionality of possessions. I have a couple of dishes that are not practical, nor do I use them very often. But they belonged to my grandma, and out of sentimentality, I keep them. Most minimalists probably wouldn’t.

They say a messy desk is a sign of creativity. Unfortunately, that same messy desk limits productivity. Harvard Business Review reports that cluttered spaces have negative effects on us. Keep your messy desk, but get rid of the clutter. Take a minimalistic approach to your home office. Here are 5 things to clean up:

  1. Old technology – When was the last time you printed something for work? Most of us don’t print much anymore. Get rid of the old printers, computer parts, and other pieces of hardware that are collecting dust.
  2. Papers and documents – Go digital, or just save the documents that absolutely matter. Of course, this may vary by industry, but take a hard look at the paper you’ve saved over the past month or so. Then ask yourself whether you will really ever look at it again.
  3. Filing cabinets – If you’re not saving paper, you don’t need filing cabinets.
  4. Trade magazines and journals – Go digital, and keep your magazines on your Kindle, or pass down the print versions to colleagues who may be interested.
  5. Anything unrelated to work – Ok, save the picture of your family and coffee mug, but clean off your desk of things that aren’t required for work. It’s easy for home and work to get mixed up when you’re working and living in one place. Keep it separate for your own peace of mind and better workflow. If space is tight and you’re sharing a dining room table with work, get a laundry basket or box. At the start of the workday, remove home items and put them in the box. Transfer work items to another box at the end of the day.

This might seem like a little more work, but all these practices will give you some boundaries.

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