The point is moot really, because if you know the agent’s name, you can easily trace them to the Company they work for. Once the Company name is known, what an agent may say or do wrong, always reverts to the broker’s responsibility. (Unless we go to Broker Only Licensure as planned)

Or the agent may just tell stories about bad things that happen, naming the Company of the other agent they are badmouthing (Like Tim just did) and the Company can get sued for slander by someone like…say…FATCO LOL

Russ- perhaps, that explains why Chicago Title took over Fidelity’s office transactions/operations when Fidelity closed down their office downtown Seattle a couple weeks ago.

In other unrelated news, tongue-n-cheek, we just experienced our 2nd PURCHASE transaction last week where FATCO did not record closing docs in time, and this is after they were released to record around 9:30am (for those that know this allows them nearly ALL DAY to get it done.) We are not exactly in the screaming market of last Spring where loads of purchases are competing with refinance deals being recorded and something can get missed. The things that go on behind the scenes that agents don’t hear about….pretty amazing.

More stories from the trenches will be posted over time on our Blog, but to save you the trouble here’s a sample of a recent dustup: How an agent can “List” a home by a party who doesn’t own the property (it happens folks)…a simple title check before the listing appointment can avoid a whole bunch of embarassment–and to your broker.

What a great forum to talk about unusual things.

In escrow, you think you see it all and then there’s a first:

As I post, my spouse is signing some clients from a competitor, First American Title company. An hour or so ago, First American Title company of Houston, Texas, called our office to see if we would be willing to take over signing their very own clients. Why so unusual? Thought you’d never ask.

First American Title Co (FATCO) office in Houston could not find another cooperating FATCO office in our area that would sign clients that were moving here. In essence, they turned their very own clients away. The FATCO representative calling my wife indicated that they could not believe that their own branches here would not sign an “one of their own.”–remarking how “cooperative” we were, a competitor.

Perhaps this is why company’s have policies against Blogging. Fear of themselves and dropping a golden egg into the lap of their competitor–who would blog about it.

Sorry, couldn’t resist this one.

What supports your conclusion?

You are correct that the current rules do not address blogging. The Web was certainly in existence before 2000 when the Wash policy was adopted and I can tell you from personal experience that there was widespread use of the Web by licensees with little enforcement action.

I have defended licensees in DOL complaints and they are generally looking for egregious behavior having a negative impact on the consumer. They generally also will not take action of their own accord. It usually comes as a result of a consumer complaint. Not sure how a blog as I have defined it meets that test nor how many consumers will complain after reading a real estate blog that the broker’s name was not there, especially if the blogger has a link to their website on which the broker’s name IS mentioned.

Russ

I’m pretty sure that no State will allow an agent to blog about real estate without showing the company/broker as licensed name on the blog, unless they blog anonymously. Every thing that has an agent’s name on it that is in the public eye requires the broker to show as well.

In fact many brokers and other “powers that be” wouldn’t know the difference between a blog and a website. Once the Company name is shown on the site, then vicarious liability is the issue.

I wonder if E & O insurance policies will cover blogs in the future?!

The fact that blogs do not appear in current rules, laws, etc…is simply because they haven’t caught up with blogs.

As Robbie well knows, as soon as they see the need, they will make a NEW RULE

Microsoft, to it’s credit, has usually trusted it’s employees to be smart when speaking in a “public forums”. This was true back in the days of CompuServe forums, usenet newsgroups, and is still true today with blogs. I can’t speak for all users, but I think the blogs on MSDN & the videos on Channel 9 have done more to generate customer excitment for it’s upcoming products than the company’s marketing dept has done.

Interestly, Apple Computer, seems to be far more closed in it’s blogging stance than their arch rival in Redmond, since they are known for battling with enthusiast sites and are currently battling the EFF in a case, in which Apple is attempting to seek information from Apple enthusiast / news sites regarding the identities of the sites’ sources.

Perhaps, Jobs is PO’ed that the
iPod Invisa got leaked on SNL? But the real estate industry is hardly alone in attempting to figure out where to draw the lines and what the rules should be.

I’m sorry Ardell but I have to disagree with some of your points. The most imporant being your conclusion that blogging by real estate licensees is “in many ways a form of adverstising” and as such it is regulated activity. I would agree that many real estate bloggers have made their blogs into advertising and your conclusion would apply in those circumstances (e.g. including listings of homes or description of services). But that is not really blogging. They just took content from their website and re-posted it to a blog that can now be syndicated. BTW, here is the Washington DOL’s policy on Internet advertising and nowhere does it include blogging.

True blogging is a form of social networking and social networking is not about advertising. It is publishing – self-publishing – ideas and thoughts so that others can better know you. For example, a real estate agent who blogs about why live in their neighborhood, why they love the schools there, why they enjoy the new local restaurant, their political viewpoint, their taste in wine and maybe even why they believe in consumer empowerment in real estate transactions (i.e. less mileage on the car driving them around) is NOT advertising.

In today’s world, this creates an opportunity to be different because nobody shares exactly the same opinions as you do. Good, right? Nope, at least not in real estate. Differentiation, which in most industries is looked upon as a necessary part of survival, is frowned upon in the real estate industry. Historically, the real estate industry is like a shopping mall with a bunch of shops that have different signage. Once you enter, however, the inventory looks the same and costs the same. Why has it worked that way for so long? A monopoly on the data.

That monopoly is ending and when it finally does, the real estate brokerage business will need to act like all others. Being different will be good. And that is where blogging comes in. Visionary brokers will embrace agent blogs. In fact, brokerage company leaders will blog themselves (see my blog post on this subject).

And yes, brokers do need to make sure that their agents are not stupid when participating in the Blogosphere. This, though, is done at the hiring table which for many brokers has really been more about 1) are you licensed; and 2) can you earn enough commissions to marginally pay for yourself.

-Russ

People won’t read bloggers whose content is primarily advertising. Not enough to drive google rankings–subscribers, links, etc. With infinite information sources, an “advertising” blog will remain obscure. That aint how RCG was built. RCG’s worth reading IMO because of the interesting ideas on topics that interesting me.

If you think of blogging as advertising, under certain circumstances it may be done well. But beware lessons of TiVo. People hate advertising. (Except maybe when it’s integrated with their search engine;)

Btw Ardell, How do you “feel repurcussions” from the industry at large? In what ways have you been ostracized? Is criticism of your ideas the same as “repercussions?”

And therin likes the “kicker”!! How many people are willing to risk their jobs in order to be innovative? How many are willing to risk their jobs, simply to express thier First Amendment right to free speech via a blog?

Do you really think I haven’t felt some repurcussions from the industry at large for discussing discounted fees? For discussing how the buyer can negotiate the Buyer Agent fee? For complimenting, at times, Zillow and Redfin and House Values?

Sorting out how a buyer can truly become empowed in the marketplace will take a lot of brains getting together on this topic. But those who speak of it are ostracized and shunned, and those who do it, have to know how to walk a very fine line. Not all are competent enough to go there. Even KomoNews4 backed off the topic when they realized how controversial it can become.

If a big NEWS company is afraid to go there, how can you expect the “Average Joe” agent to do, what someone who is supposed to have the nerve to delve into hard topics, won’t do?