Time for some sleep!

At around 8pm, I woke up from a late afternoon nap to see that Ardell still had over 30 posts to write and I got a worried… So I took a Newcastle out of the fridge and started writing. I figured that should it become necessary, I could pass along a few extra posts to Ardell… (Greg’s not the only one with a competitive streak!) But she obviously didn’t need my help as she has just made it to 100 on her own! Awesome stuff!!!

Congrats to both Greg and Ardell… You’re both amazing.

However, because I hate to see things go to waste, I’ll go ahead publish the mini-blog posts I was going to pass along to Ardell. My intention was only to write a few “filler” posts, but…

1) I believe Greg when he says he could hit 135 in one day… The man in an animal!

2) Speaking of jobs! Give this man the full-time job as the Open House blogger… With articles like this fun one on an whimsical (artist) house and timely articles like this one on the number of NWMLS price reductions. Steve has come a long way in a few weeks since he asked me how to get some traction to his blog.

3) I steal a lot of “Rain City” traffic, so here’s my chance to give back:

  1. Rain City Video (local video chain)
  2. Rain City Rocks (rocks and minerals)
  3. Rain City Grill (yum)
  4. Rain City Dogs (dog walking)
  5. Rain City Hearse Club (car)
  6. Rain City Choppers (bikes)
  7. Rain City Shwillers (125% punk by volume)
  8. Rain City Yoga (hot!)
  9. Rain City Story (a personal blog)
  10. Rain City Studies (website design)

4) Greg points out this post on the Trulia Blog… Considering all the work that Sami and Pete have done to bridge the gap with the broker community, I’m surprised they let that post slip through…

5) In search of a snippet

6) Kris turns a strange day into a great 12-step program for blogging… However, note that most 12-step programs try to ween you of addictions while Kris is trying to give you one. You’ve been warned.

7) Review of the Bloodhound Blog… Nobody, and I mean nobody, feels more comfortable calling real estate B.S. when and where he sees it. With a fluent style, a quick wit, and a massive quantity of writing under his belt, the man has become addicting.

8) How to discuss Marlow’s recent post about Trulia’s expansion without sounding self-serving??? I put together a Excel spreadsheet that examines not only how many listings each service has, but also how many “accurate” listings each service has for one zip-code (98117) in Seattle. The results highlight a bunch of interesting things like (1) Redfin’s zip-code search is broken (i.e. a search on 98117 returns results for other zip codes like 98203 and does not return all the homes that Redfin has with a zip-code of 98117), (2) Realtor.com is missing more than a few Windermere listings (I was surprised when Marlow mentioned this, but the results pan out), and (3) Trulia has a long way to go before they are comprehensive. If someone wanted to take this data and add one more zip code in some other part of the country, I’d love to post the results. Maybe a Bay Area agent can take this on since all the sites in question have operations there!

9) One of the things I most admire about Ardell is that she focuses on the service (and then delivers a rebate). While it Bill’s approach makes for great blog posts, focusing on the “discount” doesn’t work for me.

10) I still haven’t made sense out of what it means to be part of a “Christian Real Estate Network”, but the guy does some great real estate blog posts… I like his latest on ways to learn about your competitor’s website is another doozy… although he does miss out on the most obvious trick, which is to use technorati to see who else is linking to them!

11) Interesting to see the competitiveness of the rental market

12) I’m not sure who, but someone once said… “It is amazing what you can accomplish if you do not care who gets the credit.” That’s the theme for these blog posts!

13) However, I must give credit to Jim for his excellent post on “why blog?”

14) Jay makes a bunch of valid points when he says it is time to “raising the bar” on becoming a real estate agent… Since stricter requirements would serve to keep out additional competition, I’m assuming that most successful agents would agree.

15) Tom echos this point, andapplauds the Governator’s move to require more education for California agents

16) Merv continues to deliver with his price trend analysis… If you’re looking for good ways to display real estate data start with Merv!

17) Then go check out Mike’s Altos Research blog because he makes price trend analysis easy…

18) While just about anything is possible, tracking my net worth based on my home’s zestimate and MyYahoo stock tracking performance is going to far for me… and then making a button for the whole wide world to see? No thanks!

[photopress:realty_blogging_book.jpg,full,alignright]19) The real estate blog marketing book is available for pre-purchase on amazon… I spoke to these guys while they were writing the book and will be curious to read it!

20) Thinking of amazon wish lists… This four bedroom home in Malibu is currently on the market

21) They are easy enough to find, but Hanan alerted me to this ironic clip of Bush

22) “Seller will pay 6 months of mortgage payments“… (I’m all for good incentives, but is this loan fraud?)

23) The Inman Blog follows up on Trulia’s post where they asked a few real estate professionals to predict the August numbers… It seems no one really knows what’s going on, and if they do, they sure aren’t letting you know in a blog post! 😉

24) As usual, if you want the real scoop on the numbers, turn to Jonathan.

25) The group at Inman also wonder if the people over at Freddie Mac have their pulse on the Latino culture… I’m not holding my breath.

26) Jonathan is also wondering where are all the foreclosures… interesting stuff. I think there are a lot of bubble bloggers that are ampted up and ready to pounce should these trends ever change. I wonder how long they can keep up their intensity before their bubbles deflate… 🙂

27) Speaking of numbers… Peter over at the Business Week blog does an excellent job explaining one example where housing numbers have been so obviously manipulated

28) I always like reading a blog posts from Sandy, but I just wish that she kept her posts short-and-sweet as oppose to long-and-infrequent.

29) Joel points out an unorthodox use of Zillow’s data… I haven’t looked through their API documentation, but do they insist that you add their name/logo when you use their data? How about refelcting them in a good light? Interesting stuff.

30) Now that they clog up our inboxes, real estate leads are a legitimate business [link removed]… On any given day, I literally get 100s of spam and my guess is that over 3/4 or them are real estate related. Thank you google for putting together such a good spam filter. I wouldn’t be able to handle the email I get to my blog email account with the filters on Outlook… I think I would just give up on email!

31) Elizabeth Razzi says that we should get to know the neighborhood before we buy a place. Not exactly brilliance, but it serves as a good reminder that there really are some intangibles that require more than an aerial view of a property!

32) Cherokee is looking for information on the Snoqualmie area… Pak gave one answer, but I’m sure there are others who could help! 🙂

33) The Seattlest gives hogwash a rave review as a fun for the whole family.

Hogwash – An Improvised Tall Tale For Small Children
Runs Saturdays at 2 p.m. until October 28, 2006
Historic University Theater, 5510 University Way NE (University District)
$10, Reservations – 206-297-1767

34) I like Rory’s approach: “I assert that a Real Estate Agent’s expertise and professionalism should be visible in their service and knowledge of the housing market and inventory. Their expertise should never be based on a carrot and stick ploy to drip feed clients MLS information.

35) Do you get comfort knowing that the home of the NAR president is lingering on the market? 🙂

36) If you’re curious, I’m going by the code name “tyr” in the Inkling Market set up by Keven Boer. At this point, I’m down… It seems more and more people are voting for Greg… Will a last minute spurt of posts from me help out???

37) The title may be a mouthful, Creative agreement may enable advantageous use of otherwise unavailable homesite, but Marlow points out a great example of the benefits of getting creative!

38) Welcome to the neighborhood

39) When Shaquille O’Neal makes a $1B real estate investment, that’s a great story!

40) Claudia lets us know about the renevotations that hurt!

41) David organizes another fascinating (and colorful) post on the connection between home life and healthy aging

10 things I learned from my stats tonight

It’s been a long while since I posted about traffic on RCG. Two reasons come to mind… One, I’ve been swamped in starting my new job and never got around to updating my excel sheet and two, I knew we weren’t seeing much growth, so what’s the point 🙂

However, I took a little time out tonight to play around with RCG stats and I was actually surprised (in a good way!).

First I’ll give two charts and then I’ll explain what I learned from my research. The first chart looks at visitors and the search engines that they are coming from, while the second chart compares the growth in unique visitors to the total visitors to give an idea of how many people are returning to the site on a regular basis…

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[photopress:visitors_per_month.png,full,centered]

  1. While traffic may not be growing exponentially any more, we’re still gaining new unique visitors at a relatively healthy clip. (If you take out all the Zillow-hype related traffic in February of this year, then the chart would look a lot more like exponential growth! 🙂 )
  2. Google provides a majority of our unique visitors (almost 15K hits last month alone) and far outweighs any other traffic source (it is all organic traffic as I don’t spend any money on AdSense).
  3. MSN and Yahoo still have not figured out how to parse through the glut of Seattle real estate content in order to drive more traffic to RCG! 🙂
  4. The ratio of total visitors to unique visitors has always hovered between 3.0 and 4.0. This tells me a fair number of people continue to return to RCG and it increases as we attract more unique visitors. It also tells me we haven’t found the viral “secret sauce” that causes either a ton of unique visitors (who could care less about a majority of our content) or a super sticky feature that causes new visitors to come back at a higher rate.
  5. 61% are using Internet Explorer, 23% are using Firefox. The rest go using “Unknown” (8%), Safari (4%), and others…
  6. The top 10 search phrases (like [Seattle Real Estate] and [real estate blog] account for a combined 7.2 of all search engine traffic. The other 92.8% of search engine traffic comes from more obscure phrases. (Think Long Tail!)
  7. Traffic is highest around lunch (between 11am and 2pm).
  8. Mondays get hit the hardest while Saturdays are the slowest days on RCG.
  9. Seattle Bubble (404 hits), Ardell (399), and Bloodhound (384) are the three blogs that sent the most traffic to RCG in August!
  10. Google analytics tells me that of all the unique visitors in August, 1,333 had been to RCG more than 200 times!!! (4,710 unique visitors have been to the site over 25 times).

Real Estate, Technology and Transparency

[photopress:transparent.jpg,thumb,alignright]I’ve been running two experiments, trying to find the true meaning and value of transparency in the real estate transaction. I’ve taken all of the things I have known forever, and added the things I’ve learned in recent months, and combined them into a Transparency Model using email.

For as long as I can remember, agents will tell each other things that they would never say to a consumer. Same with most ancillary service providers. We can talk to each other point blank and in short hand and with a clarity that has pinpoint precision. But when talking with the consumer everyone starts being guarded, balancing telling the truth with trying to get their business, and saying what they “know” the consumer wants to hear. Falling into what I call (and hate) “script mode”.

I’ve been having some conversations with agents, while copying “the outsider”…the owner. The other agent didn’t realize I was copying the owner at first, and was responding directly to me without hitting “reply to all”. That was a good thing, because it was quick, it was spot on info, and it was very good and valuable info.

Sometimes the consumer doesn’t know the right questions to ask, or they are just not in the same conversation with us. So we end up “communicating” with the consumer out in left field on some irrelevant tangent, while trying to focus on the real issues all at the same time. Owners tend to fall back into the past, remembering when and why they painted that wall bright purple when their daughter was 10. She is now grown, married and has children of her own. We’re trying very hard to say get rid of that purple, but they’ve lapsed back in the time machine and are standing in the room with their ten year old daughter. When they finally come back and realize you are in the room, you end up saying “yeah, love that purple!”.

By letting the owner watch two agents email back and forth quickly about their home, they “see” the real issues at hand. Very much like that photo up there, it’s as if they are looking through a two sided mirror where they can see us and we don’t see them. If they can’t comprehend it at the moment or if they just can’t take the mental picture of their ten year old out of their head, they can come back later and read it again and again. They absorb the information in small doses, and eventually “get it”.

I remember one owner way back when, who came up with a brilliant idea “in a dream” nine months later, that was exactly what I told him to do, on the first day I met him. He just wasn’t ready to hear it at the time. Too much going on that night. By using email, he can revisit and address all of the ideas in smaller doses.

Email is scary sometimes, because you are putting some hard facts “on paper” that we, in the past, would only say, but not write down. But it introduces a higher level of transparency, because the consumer can go back later and read it again and again. Different people absorb different things each time they read it. I just received an email from a seller in answer to an email I sent maybe ten days ago. She read it ten times before coming to a satisfactory conclusion. Then she emailed me…she’s about 80 years old 🙂

I am going to try, with my “Ardell & Oxford” real estate talks, to bring this “transparency” to RCG. To talk to an agent, woman to woman, pretending no one is watching us talk. NOT about the industry at large. NOT about how agents feel about the industry. I want to talk to an agent about a house and what the seller needs to do to get it sold. I want to talk about a buyer, and why they are or are not being successful in their quest. I want to talk to another agent the way we talk to each other, while everyone else is watching and learning.

Contrary to what Dustin said, it really wasn’t hard for me to find someone who will do this with me, as agents do this with me every day, always have. Now finding someone willing to do it with me live and in your face on RCG, well yes, I have found someone. But that was pure happenstance. Let’s run with it and see what happens. I should have her set up by the end of the week, if not sooner.

We are the “innovators”. Let’s kick transparency up a notch. Instead of asking others what that means, let’s create what it REALLY means…as only we can. Not because we are smarter…just because for some reason, we seem to have the cajunes to make fools of ourselves in open view 🙂 Speaking for myself, of course.

It may be broken, but here's a plan to fix it!

Ah, finally get to catch up on reading some RCG posts. What a prolific group this is! Makes you wonder just how important a degree in creative writing might become to the average agent in the future. I’ve been busy cuz I’ve been doing alot of recruiting these days.  So, when Eric, in a recent post  wonders about the mega agent model works I can’t help but commenting that it works great for the mega agent and not so great for the mini agents on the team and especially not so great for the customers of said Mega Agent who may not want to be foisted off on a newbie. Ardell says that the industry is broken because agents don’t help train newbies anymore. Couldn’t agree more. Fact is, there are agent training programs within offices, called Mentor Programs, but they cost the newbie a lot. I just heard about one such program that offers the mentoring agent 70% of the commission! No wonder its broken, but I have an idea of house to fix at least a part of it.

I wonder if people outside of this industry know that 85% of all new agents have left the business within 2 years and that average agent income is around $32,000 below the average household income of $34,000! When we talk about the industry being broken, how could it not be when out of every 100 agents, 85 of them have under 2 years of experience practicing in an industry that demands a high level of legal education and an equally high and complicated knowledge base. I’ve blogged before about the need to raise the bar for new agents. But I don’t see it happening unless I want to get on the Real Estate Commission which I don’t want to do. Untrained agents are like driving over a train track with the train coming. Shoot, I once had a seller move out a month early because his agent misread the financing deadline for closing of the transaction! Like Ardell, I could tell thousands of other stories. Isn’t the fact that there are so many newbies who are inadequately trained but allowed to handle any kind of transaction greatly affecting the quality of service to the clients? Doesn’t this create most of the problems with transactions?

So, now I’m in a position to make a difference. I can’t affect the other agents but I can sure affect the ones at LTD. There is a huge fault with the traditional business model for a real estate company, starting with recruiting.  When recruiting, brokers use the same practices to recruit new agents that you find in multi level marketing. They point to the super agent making all kinds of money and driving the ego car and hold them as the example of what the newbie can become. It’s enticing and makes the mouth water. The newbie can hardly wait to get a piece of that fortune and so eagerly joins the firm with all the zeal and ambition that should make them succeed. They are given the standard goals: take forms classes, establish a farm, knock on doors, do open houses, develop a sphere and take floor time.  But sadly, they don’t usually succeed with this advice. At least not 85% of the time.

Part of the problem is the upside down business model in the traditional company. This model and the model taught in broker training, is that once an agent has earned enough, typically $50,000 and splits this 50/50 with the brokerage, then that agent no longer earns money for the company, and is, in fact, a drain on the office, supples, training, etc.  Instead of being tied to the ongoing success of the agent, the office does just the opposite and depends instead on recruiting new agents instead of developing what talents they already have. Why, because their model is make $25,000 from as many agents as they can. Thus the revolving door.  Agents that carry heavy listing farms are also recruited but not for the reasons many might think. The heavy listing agent is sought after by almost all companies because they get the companies name on the streets with signage and have listings advertised to get the phones to ring. Do sellers know that their home isn’t advertised in the paper to necessarily get it sold as much as it is to take up print space and serve as image marketing? Plus the phone rings at the office to give the ‘up’ agents leads thereby providing a way for a new agent to get business.The newbies often do the open houses, not to sell the home, but to develope clients.

But what I think is an even greater cause of this failure are the many, many hats an agents wears, all requiring a different personality, skill and intelligence level. They must understand and implement all of the forms used in listings, sales, Federal forms and laws (asbestos, lead paint, fair housing) without which they can look at jail time and/or fines, disclosure subleties, etc. A typical agent must also learn how to read people, how to know just when to push and when to hold back. They must be strong enough in a listing presentation to sell themselves as the best while empathetic enough to work with buyers and understand their points of view. A good buyer’s agent must know how to perform a buyer consultation.and know how to find the exact right house out of the many thousands that are on the market, and not have buyer’s remorse.   A typical agent must know geography, house styles, demographic trends, know how to price, employer information, school information, church and communtiy information, transit information, structure and design.  Additionally, this practice requires a high level of negotiating skills, assistance during the inspection where many deals take a nose dive, plus the ability to stay on good terms with other agents in the market place without which they are doomed.   Agents are asked for advice on mortgage progrmas, title issues, need to understand and explain builder addendum (if that’s possible) and warranties, understand the escrow process and data base management, etc.

This is but a small list of the knowledge and skills an agent must have or fail. But, as if that weren’t enough, they have to be able to wear a marketers hat, as well. What is the best way to attract clients? How do you ever set up those lucrative programs aimed at building a referral base. Do you advertise in magazines, newspapers, online, do you buy lead sources like House Values, do you blog, do massive mailings, do you establish a farm?  Who will build a web site and teach how to make it a useful lead source. And on and on.

Do you see why it is ludacrous to ask all these skills of one person? How could any well balanced individual know all of this stuff and still have a life. Even the mega agents who scale as Eric has suggested might be a good real estate model, these agents must be even more talented since now they must also be managers, and, worse, they are ultimately responsible for errors made at any level by the team, any lawsuits, ommissions or mistakes by the assistant will be born also by the mega agent.

What we see in other companies in America are several different departments with different specialties and responsiblities.  When I owned two restaurants, a nightclub and a boatyard and marina, as you might imagine that I had 10-12 departments reporting to me at any one time. And I certainly didn’t know how to repair a twin screw diesel engine nor could I entertain as well as the All Male Revue! I contracted out marketing, I hired bookkeepers, I paid well for department heads that were specialists in their fields. Why not have a real estate company set up the same way, i.e., with different departments doing what they each do best. The agent should be the person who is face to face with the clients, not the person who is mailing out postcards or doing the research on the different lead generator sources. Even deciding how to outsource the different parts of the job is time consuming.  Each agent should work with the PART of the business that best suits his or her personality style, and you determine this with a personality assessment and lots of coaching, i.e., if you want to work at night and you are not shy and have a commanding presence, you’d probably like being a listing agent. If you get your kicks out of assisting someone in finding their dream house, you’d probably love working with buyers. If numbers fascinate you and you love the work of high finance, you’d probably prefer investment real estate and if you can’t tear yourself away from watching a home get built, you’d probably love new construction. For the well connected, whether by church, networking groups, family, and all kinds of social groups, and you love to give parties, then a referral based practice might work best for you.

Agents need to know themselves and find their own best fit in the business, then I firmly believe that they will succeed at a much higher level and make it through the first two years better than if they follow the typical one size fits all advice of their broker. Or, worse yet, take every referral coming from the relocation department and only make about 30% and lose belief in themselves.  As the agent grows, learn the ropes and learn what they love to do best, then migrate throughout the different departments within the company and take on more challenges.

We need a new model. We need to create companies where the agents are treated as individuals and trained as such. Where it’s acknowledged that they can not wear all the hats at once.  We need to have all the effective marketing in place and offer assistance with implementing it. We need to provide FREE leads to our agents. We need to create an economic model where the agents continuing success is directly tied to the continuing success of the office.  We need to give agents the reason to stay loyal to the company and to take away all the stumbling blocks to success.

It’s a huge order, but doable. I know and it works. Start out with bright, likeable and agressive people, have programs set up in the different fields within real estate so there is enough diversity, have the marketing materials and programs researched and implemented so that the agent can be with the client and do what they do best.  Have the negotiation, legal and transactional support to augment the knowledge base of the agent, and mentor and coach as long as necessry. This is no Walmart model, nor is it a Costco model. It’s not the super agent model where only the super agent makes a good living, it’s a Super Office model where all can do well, all are supported, teamwork is highly regarded and there is incentive to grow the company, too. A happy and successful and nutured agent will cure this industry of what ails it. 

Thanks to SoCal Agents for Another Successful Bloginar

Russ and I just returned from giving a Bloginar in Bel-Air today and it was a blast!

I’d call it a success as the audience seemed engaged and there were lots of side questions and side discussions during the breaks. It is obvious to me that blogging in real estate is still in its infancy, and while it may not be an appropriate tool for all agents, the technologies involved are here to stay. Personally, I have a lot of fun at the seminars as I enjoy engaging others in a conversation about how real estate professionals can use blogging to create a community around real estate.

Note that if you’re looking to see how a blog post can generate a fascinating discussion around a real estate topic, check out Russ’ post from two days ago where he inspires people to discuss real estate commissions with a simple two paragraph post (and a link!).

By the way, if you were one of the attendees at today’s seminar, please consider leaving some feedback on how you think it went. Your feedback is crucial for us to know how to improve the seminar into the future!

Thanks again for everyone who showed up for making it a success!

Website Owners Not Liable for Comments

Considering this issue comes up every time Russ and I speak in front of an audience (including yesterday), I thought it would be interesting to share that the courts have been consistently ruling that blog owners are not legally responsible for the comments on their site, even if they moderate…

It happens all too often that some website owner in the US is sued with claims of libel over comments on that site in an open forum. We usually point to Section 230 of the Communications Decency Act, and note that it’s pretty clear that service providers of such forums are not liable for content they didn’t write themselves. We also like to point to a 9th Circuit ruling, noting that, even when such comments are moderated or approved, the site owner or moderator isn’t responsible. While the Supreme Court later refused to hear an appeal on the case, meaning the ruling really still only covers the 9th Circuit, the ruling is so reasonable, you’d have to hope other courts would agree with the logic. It appears some already are. Tech Law Advisor points us to a few different sources covering a District Court ruling (outside of the 9th Circuit) that comes to similar conclusions (even if the article is improperly headlined). The case involves the somewhat infamous TuckerMax forums, which are known for being a bit on the… free wheeling side of things. Apparently, a bunch of anonymous commenters there were upset about a party thrown by some publicist, and posted some relatively mean comments about him in the forums. The publicist then sued Tucker Max, claiming that he was liable for the comments, even though it was clear they weren’t made by him. The actual court ruling (warning: pdf) is an enjoyable read, as the judge clearly explains why he’s throwing out the case. He even cites the ridiculous number of censors China employs to filter the internet to explain why it’s not reasonable to expect internet site owners to police their forums more carefully — even as he notes that Tucker Max clearly admits to moderating comments on his site. The ruling also refers back to an older ruling pointing out the importance of protecting free speech, even when vulgar. It’s another reasonable ruling concerning these issues. Hopefully, once enough of these pile up, most lawyers will know better than to file such lawsuits.

There’s a Person Behind that Blog

Robert Scoble (the excellent Microsoft blogger) has been writing about the pain of watching his mother die.

One of the things that shocked him was that even while he’s describing these events, people are still sending him PR pitches for new products. He follows up these comments by saying he doesn’t mind receiving product pitches, however, the people need to read his blog and be current on his situation if they expect a response.

He’s making some interesting points that are very relevant to real estate blogging… Always remember that there are people behind the blogs. Real estate is such a “people” business, and yet, when people get on the internet they sometimes act like they are only dealing with computers.

Before you pitch a product, website or service (either via comments or email) remember that it is not a computer reading your pitch but a human being. Write something that demonstrates you’re interested in the person’s writing.

Personally, I receive so many emails now that I couldn’t possibly respond to them all and still handle a full-time job. However, getting me (and just about every blogger I know) to respond is quite easy… Write something that shows your interested in their thoughts or opinions!

Unintended Consequences

According to an article in Advertising Age, a NY-based Ad Agency is suing a blogger for copyright infringement, defamation and trade libel and injurious falsehood. Appears that the blogger, Lance Dutson, made negative remarks about the agency on his blog that revolved around the agency’s work for the Maine Office of Toursim. The agency apparently tried to get Mr. Dutson to remove the remarks and apologize. He said no. They sued. Repeat after me, “Never, never, underestimate the power of the blog for unintended consequences.”

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Unforunately for the agency, the blogosphere flew to Mr. Dutson’s plight like bees to honey. According to Mr. Dutson’s latest post on his site, more than 200 blogs are now referencing him compared to just 2 before the suit. Seems that the negative PR to the agency from the cumulative effects of bloggers may have surpassed the harm they suffered from Mr. Dutson’s original comments. At the very least, there are a lot of eyes reading this story that would never have seen the original comments on Mr. Dutson’s blog.

This is another example of how blogging can alter the historical power dynamics of business. I don’t know anything about the financial strength of either Mr. Dutson nor the ad agency but if I was a wagering man (which I am), I would guess that the agency has the resources to use the legal system to make Mr. Dutson spend a lot of money on his defense. This is a common practice in the legal profession and explains why many small firms back away from challenging the entrenched larger firms even when the small fish have good cases. Bottom line is that it takes a LOT of money to litigate a dispute and power goes to those that can afford it. Justice is blind but it ain’t cheap.

While Mr. Dutson will certainly spend some money on attorney fees, it cost him NOTHING to have positive PR spread across the Web. In the old days (like a couple years ago), litigating a case in the press would require the press to actually want you to win. In the blogosphere, Mr. Dutson does not need to worry about the political will or economics of the traditional press to get “web time.” And there is NOTHING that the agency can do about this. The cannot enjoin the collective blogosphere from commenting on this case and opining on its merits or what they think about the agency themselves.

In the end, this is just one example of how blogging can play a part in leveling the business playing field.

How does this impact the real estate industry? Many of us who are (as we like to think) “in the know” debate about the future of real estate, about the new oohs and ahhs in real estate technology and the tidal wave of change that is looming. But the average joe or jane knows nothing about this stuff – yet. They buy and sell homes each and every day just like they did for the last 20 years. As blogs proliferate, so too will communication about the new and the old, and the good and the bad, in real estate. Average joes and janes will spread their opinions about new companies and new offerings and just like the ad agency, there will be an impact on how business is done.

Visionary brokers will figure this out and harness the immense power of social networking. Others, like the ad agency, will operate at its mercy.

Inman asks – Not Allowed to Blog?

3/23/06 “Hi Ardell — I was reading the RCG today and noticed a comment of yours under Russ Cofano’s blog entry that I thought was really interesting and something I’d not given much thought before. You mentioned about joining the big brands and said they won’t let you blog so you’re not jumping on board right now.. is that true? Do brands really dictate stuff like that? If so, I think Inman News might look into this more. With all the push for blogging in the industry lately, this seems peculiar..Just wondering.. thanks! Jessica Swesey, Inman News.”

While I told Jessica almost a month ago that I would do a blog post on this topic, I have to admit I thought the question was a little naive. Almost every truly vocal person in the industry is either a designated spokesperson for a company or a “one man show”. The people I know who have been on Good Morning America or quoted in the paper, are usually the owners of the company. This is true in every industry. If you are an employee of a large company, you are told that if anyone from the press contacts you, you have to refer them to the one person in the company who is designated to speak with “the press”. There are exceptions, especially if your are spouting out only GOOD things, like “There has never been a better time to buy a house!”

So the question isn’t can everyone blog, but who can pull your plug? This goes back to blogging being public and in many ways a form of adverstising. Under State Law, in every state in the country, an agent must have the name of the broker/company on every “advertisement”. Consequently an agent either has to have an anonymous blog where the agent’s name does not appear, or a blog with both the agent’s name and the broker’s name. An agent, though an independent contractor, cannot be a “cowboy” and do things on their own without supervision. The broker retains the right to both see anything that the public can see, usually in advance, and also retains the right to veto its printing.

So how do you blog everyday if the broker doesn’t have time to review and OK your content every day? You can have an insipidly bland blog that simply backlinks to other news items. Even then, many companies do not want you to “advertise” their “competition” or “discounters”, by mentioning them by name. So all of the HOT news on Zillow and Redfin and Lending Tree, could be off limits, because they don’t want one of “their own”, boosting the popularity of these other companies by mentioning them at all.

In real estate forums, when agents want to talk about Zillow, they call it “Z”. Theory is that by even whispering their name in private, you send out spiders into the search engines that cause Zillow’s name to be spread and the website’s popularity to be expanded exponentially.

Anyone who wants to truly discuss the future of the industry in a way that does not simply spout out accolades and full service fees, cannot blog via first person in a blog unless they do it anonymously. But is this NEWS? Can an AT&T employee blog about the future in a way that points out that there are improvements to be made by their employer? Can even a Microsoft Employee be quoted in print that they think Google should win the Inman Award for Innovation? Very naive of someone to think that the First Amendment applies to the little guy who has a “BOSS”.

Back around March 23rd, I interviewed with a company that treats their agents as employees. They weren’t sure if I could blog, but they were sure that I couldn’t “talk to the press” ever. Since your blog entries can be lifted and quoted by the press…they felt that it was possible that blogging activities would be limited or possibly even prohibited.

So the question isn’t whether or not you can blog, the questions is what are you allowed to say in the blog? I’m sure even Jessica has to run her content by someone to be approved, before it can be “printed” and available in the public eye.

HIT ME WITH YOUR BEST SHOT!

OK Rain City Guide Contributors! It’s time to PUMP UP THE VOLUME! IT’S “SWEEP’S WEEK”!

[photopress:puv_1.jpg,thumb,alignright] Actually it’s “Sweeps MONTH!” Everyone start posting away to show those Inman judges what a multi-faceted group we are!

And RCG FANS, go into that Inman site and nominate away!

I’ll have to come up with some insider juicy stuff…or controversy…what do you think will get the judges attention?