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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

Top 5 reasons resilience is key in the workplace and the hiring room

(OPINION / EDITORIAL) While it matters all the time, 2020 has especially shown resilience is important as an employee or employer to hold their own in the workplace.

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Open workspace, where resilience will be key to success.

If there is ever a time that demonstrates the value of resilience in the workplace, that time is now. Challenges, complexities, and change in our personal and professional spheres are inevitable and required for growth.

Brent Gleeson, author of the book Embrace the Suck: The Navy SEAL Way to an Extraordinary Life breaks down the components of resilience into three dimensions: challenge, commitment, and control. Resilient people see difficulty as challenge and a learning opportunity. They are committed and take ownership over their lives and goals. They spend their energy on that which they have control.

In the context of the workplace, employees and leaders will inevitably face setbacks, critical feedback and change- positive or negative. Managing engagement through this while working remotely can add an additional layer to this. Gleeson highlights five important reasons organizations should understand and work to build resilience in their workforce as part of their culture strategy.

  1. The first is that resilience skills directly benefit the psychological wellbeing of employees. Happy, healthy employees are good for business and the bottom line as well.
  2. Change is bound to happen and adaptability is key. Organizations need leaders, managers, and employees that have the resilience to navigate whatever comes up, as it happens.
  3. Learning and innovation is required to make it in today’s business environment. Even capable and motivated employees need to constantly maintain and hone their skills in a culture where they are allowed to continue to grow and improve.
  4. Resilience can be put to the test in organizations when interpersonal relationships are strained. Teamwork, when lead by intentional leaders, can help employees to frame interactions in a way that reduces negative feeling and improves group dynamics.
  5. Managers who can lead with resilience can help employees with career development and coaching in a way that develops their skills.

Some of the key characteristics that drive heightened levels of mental fortitude as shared by Gleeson are optimism, giving back, values and morals, humor, mentors, support networks, embracing fear, purpose, and intentional training. These contribute to resilience in employees, and in an environment where the only constant is change, the ability to meet the challenges of 2020 and beyond.

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Op/Ed

Enough, is Enough: how much minimalism do you need to succeed?

(EDITORIAL) Nobody starts a business praying for failure and debt. But, if we don’t identify what is enough for us, we can have a hard time pulling ourselves out.

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Enough peace

You’re scrolling on Facebook when you notice your friend’s feed, and the most recent post says, “You are enough.” You may recoil and think to yourself, “blech” what does that even mean? Touchy feely crap. I am “enough.” Ha! I’ll show you enough.

While exploring the concept of being enough may make some folks queasy. Asking the question: How does “enough” translate from our lives to our business? is it relevant and can help us get to our raison d’etre, our sweet spot, our perfect pitch, our business manifesto. And, what is “enough” for us in planning our life and business goals.

Recently, I was watching a British show on Netflix. The gist is an “expert” goes around to businesses to help them update their brands and improve business. In one episode, the host walks into a man’s clothing shop and asks the owner about his wares. He explains in one section he has clothing for the “fat bastards” (I am not making this up – he literally says that), in another section he has styles for the “trendy” kids, in another section, clothes for the businessman.

The owner thinks he’s doing great, but his sales suck, his customer service sucks, and he doesn’t understand why.

From the outside looking in, it seems pretty obvious, the guy is trying to serve everyone and in doing so, he’s doing a crap job of serving anyone. Plus, he was rude and literally didn’t understand that calling customers fat bastards wasn’t good customer service.

From a business point of view, this guy had no concept of what it meant to be “enough” because he was trying to serve too many potential customers and it was a very disjointed effort.

His problem is not unusual. Think about it. Haven’t you gone into a locally owned business to find it selling too many items that make no sense? Kind of a like a gift shop gone wild. You look around and see things you like, but you get confused and leave without making a purchase. Instead, you walk a few doors down to the store that specializes in jeans or shirts or cool shoes and you drop some virtual Benjamins.

In his blog, Paul Jarvis expounds on the idea of being enough. He says, “In order to be more aware of what makes sense for our lives and businesses, we need to be aware of what enough means.”

And, that my friends, depends on who you are. Enough to me may not be enough for you. But, Jarvis explains is that, it can’t be minimalism for Instagram’s sake. Meaning, we aren’t truly living in an enough “state” if we are trying to be what we think others want to see.

Let’s not get caught up in the “yeah, but it’s Paul Jarvis.” Cuz, he also states this isn’t about judging others, because if you ain’t got much, it can seem pretty patronizing for someone to tell you to live with less. And, that isn’t what we’re talking about here.

If we go back to the business concept, consider Apple. The company started off building computers. It veered into phones and watches, but still tied to the idea of smaller versions of its computers. It stayed pretty true to itself. The concept was built around one product. The stores make that product shine. And, we as consumer feel we aren’t enough until we have the newest gadget and gizmo they sell. Brilliant.

For you having the latest gaming system or all the streaming channels may be the thing. For me, I get by with basic cable and Netflix. My enough isn’t yours.

So, if we are being truly cognizant of what we want in our business and lives, we need to understand what enough is for us. Not what is enough based on someone’s feed on Instagram, showing them with the Lambo (rented) and fancy clothes (rented) and fancy location (maxed credit card). We need to consider where we, from a truly authentic space, can live in enough.

Per Jarvis:
“Enough is the antithesis of unchecked growth because growth encourages mindless consumption and enough requires constant questioning and awareness. Enough is when we reach the upper bound of what’s required. Enough revenue means our business is profitable and can support however many employees/freelancers we have, even if it’s just one person. Enough income means we can live our lives with a bit of financial ease, and put something away for later. Enough means our families are fed, have roofs over their heads and their futures are considered. Enough stuff means we have what we need to live our lives without excess.”

One way to think about enough is to sit back and consider what would be your perfect day. If you were doing what you wanted – no holding back – what would your day look like. Imagine it. Are you really shopping and dropping $1k on a pair of shoes? Maybe. Or, are you hanging out with someone you love, doing work the way you want, having some food, walking your dog, doing yoga, CrossFit, etc., enjoying dinner and heading to bed?

If you think about business in the same way, what would your business look like? Would it be like 7-Eleven with Slurpee’s, Slim Jim’s, lottery tickets and birthday cards? Or, would it look more refined? Because, Target and Walmart have a lock on mega shopping experiences. 7-Eleven has a lock on, it’s 4 a.m., I’m wasted and need crap food.

Consider, how does your idea of equilibrium impact the outcome of your business, your work, your idea of success?

Most of us would love to be wealthy and that is our guidepost when it comes to the idea of business success. But, when evaluating it from the perspective of “enough” our viewpoint might change if one considers debt load to profit or unsold, stolen or damaged goods to profit. If you have more debt than cash, are you enough?

“Where things can go awry is when we never consider what enough is as a marker,” Jarvis says. “When this happens, we don’t solve for enough or optimize for it, we just keep going and going with more and more.”

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Op/Ed

Career breaks can close doors, but may open a new window

(EDITORIAL) A job pause can be maddeningly frustrating, but they can also open new opportunities to grow or start anew.

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Career change

What’s worse than stand-still traffic?

The start-stop traffic.

In a standstill, you know where you stand… still. In stop n’ go n’ stop again traffic, you have no clue. You go from 5 to 50 again for all of three feet, then back to 5. Eventually, you don’t even care about getting to your destination anymore, just so long as the tedium ceases.

My jobs went almost exactly the same way.

Retail work, career work. Retail work, career work. Retail work, career work. And each time I had to take a pause, I didn’t have enough time, money, or interest to keep up with the rising trend of ‘content creators’ who can film, edit, script, photograph, edit THOSE, AND do blogs and emails replacing copywriter positions. So I just stayed scrambling until I could ‘relax’ into a career gig that ended shortly for one reason or another.

Even though I left each advertising job under different circumstances, in late 2019, I realized, ‘Okay, maybe it’s ME. Maybe if I’m this frustrated with the traffic, I need to pull off the road.’

The last shift saw me go from copywriter, to house cleaner, to heavy metal head shop gal, to moderating freight brokerage in the span of two months. Hell of a detour…

Of course now that I’m out of full-time work in the field I sold my credit score to break into, the guilt of having left a career I soured on to break into a field I didn’t need to go to college at all for is… crushing. And new beginnings, with wages to match, are hard no matter who you are.

However, this shame and heaviness is all coming from the inside. My parents are proud, my friends are happy for me, and I have yet to hear anyone actively dumping on my decision to purposely exit the salaried copywriting field. And even if everyone sucked about my choice, it wouldn’t change the fact that so far it’s the best one. At some point, you gotta shake yourself by the shoulders, borrow from Mrs. Knowles-Carter, and scream: Suck on my job cause, I’ve had enough.

Why deal with a stigma when you could deal with stigmata, right? Those are way cooler. And I’m pretty done with wounding myself either way.

Multiple small, panicked hiatuses taught me something. Some things. First thing: truly powerful screaming comes from the belly, not the throat. Most relevant thing: I don’t want to write for other people, nor for brands that can’t use some variant of my own voice.

I thought I was a copywriting mimic octopus who could change colors, shapes, and textures to suit an environment, but this whole time I’ve been a chameleon— always keeping my funky fresh shape, and only changing colors to suit how I feel, or to attract mates.

I’m not going to act like career pauses are some great thing in which to discover yourself and do some eat, pray, love BS. I quite literally almost died of a bad infection during a time I was on a pause with no heath insurance. The pauses were financially and mentally draining, and if it weren’t for extreme strokes of good fortune in several places, I wouldn’t be in a position to write this piece.

What I will say is that I was able to bid the misshapen phoenix cycle that I was on a frantic farewell, at least I think so. Anything’s liable to change, such is life.

For now, there is only to bag up the ashes and try to use them in fertilizing my next steps.

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