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Conspiracy? new FREC advertising policy

Earlier this year the FREC (Florida Real Estate Commission) amended the Florida Administrative Code (FAC) to require that all advertising (including business cards & yard signs) contain the name and phone contact of the broker. The rule went into effect in August 2006. However, its’ enforcement has been delayed until later this month after FREC conducts and educational workshop.

On the FAR website planetrealtor.com there have been a few associates crying broker conspiracy theories. Below is the thread up to date which includes my eventual reply. Other comments from this forum are invited to join in.

Eileen Schiffer
Member

Posts: 8
Joined: Dec 2003

Thu October 12, 2006 12:36 PM (NEW!)


Would someone please explain the logic behind requiring the broker's phone number on all ads?



Luis Riesgo
Member

Posts: 3
Joined: Aug 2005

Thu October 12, 2006 1:29 PM (NEW!)


I would imagine to both protect the broker and the public from agents. Lets face it... some agents should not be in real estate, and brokers do not want thier reputations harmed. It is very simple to me. If you can reach the agent you should be able to contact the broker. If a broker can get in heat for the actions of thier agents, it only seems right the public should not only know the name of the broker but how to reach them as well.



David Rogers
Member

Posts: 3
Joined: Oct 2005

Thu October 12, 2006 2:06 PM (NEW!)


The only Problem with Putting the Office/ Brokers Number on all adds is that alot of times when people call that dont ask for the agent that listed the add and they end up losing a good lead. I think its a bunch of crap, quality leads are hard to come by and it makes me pretty mad when you could possibly lose more business because Buyers and sellers dont know how to ask for the Person that is on the add itself.



David Abernathy
Member

Posts: 8
Joined: Oct 2004

Fri October 13, 2006 7:12 PM (NEW!)


Can you image the impact that this will have on Realtors across the State?

Think of all the $$$$$ that will be required to replace business cards, Yard Signs, Brochures, Websites, and all the other marketing materials. When we are facing the market that we are in, this can not be a good deal for agents.

When I think about this from the comsumer perspective - I wonder - what issues is this going to address?
Business Cards - we already all have our Brokerage information on our business cards. Requiring the office phone number in many cases will move a client from contacting the agent that they are working with and knows their situation to the office and potentially an agent that has no awareness of the unique issues that this property owner or prospect has already discussed with an agent.

Signs - Maybe the Traditional Brokers are feeling the loss of control over their "Independent Contractors" To me this only drives calls to the Broker phone, instead of the Listing Agent phone. For the property owner - the person answering the phone would likely not have the same knowledge about the property and not be able to represent the property as well. To the Buyer prospect - the same would be true! Why would we want to have calls goto a Brokerage office instead of to the Agent that is most familiar with the property???

I will stop - but, other than driving business back to the Brokerage instead of through the agents, I can not see where this would benefit: Property Owners, Buyer Prospects, Realtors, others involved with a real estate transaction?

Someone help us understand the reason behind this?????

Thanks in advance



Michael Horwitz
Member

Posts: 3
Joined: Mar 2004

Sat October 14, 2006 12:22 PM (NEW!)


As a manager of a brokerage firm I think that legislating a requiement is just another issue for us to manage but I do believe that having the brokerage firm's number is critical in the customer care process. I don't believe that "traditional brokerage firms" consider this is an issue, nor was it considered in the process, and what most agents don't understand nor appreciate is that every customer belongs to the Broker and that the agents are the caretakers of the realtionship not the owners. The Broker is responsible, and under the new law even more so, for any act of the salesperson that is licensed under them.

Michael Horwitz



B J Chandler
Member

Posts: 1
Joined: Jun 2004

Sat October 14, 2006 2:31 PM (NEW!)


FREC is charged first and foremost with protecting consumers. It believe it would be unfair of us, as professionals, to believe FREC just woke up one day and decided to harass us licensees. As you might imagine, they are trying to solve a problem identified by consumers.

Ever increasing competition among licensees has caused an almost viral proliferation of official sounding unregistered pseudo-names such as, 'The Lastname Group', 'Lastname & Lastname', and 'Widget Specialties Group' being marketed by individuals or organized salesperson teams. Unfortunately, this inventive naming practice combined with the advertising practice of shrinking the brokerage name into the 'fine print' yields a situation where consumers feel confused and misled with no clear vision into where ultimate responsibility lies. FREC has the phone calls and complaints to prove it.

Consumers want protection. Pseudo-names by their unregistered nature can disappear overnight and leave a damaged consumer with no clear path to any responsible party.

Looking at this fairly, it would be difficult for any licensee to argue that this isn¿t a problem. It has come to pass innocently enough through a somewhat predictable evolution of a highly competitive real estate market. Although regulations have always required the brokerage name to be on all advertising, shrinkage has not been regulated and many sales agents and teams have taken advantage of it in a constant effort to win consumer confidence by making a team look more like an agency than any thing else.

I am personally against the new ruling. All agents have a right to benefit from the fruits of their own advertising, and the new ruling may hamper the agent¿s right to this benefit. However, I also understand that marketing must be done without public confusion and naming conventions that is seen by many as misleading and sometimes seen in the public eye as fraudulent.

It is a certainty that many formal and informal discussions will be held on this subject. All of us will have an opportunity to forward suggestions and participate on how this problem may be solved using means which are less intrusive and do not impair an agent¿s individual rights to fair opportunity.

Ultimately, I believe that FREC will respond to good ideas and work with us to derive a useful solution. I¿m hopeful everyone in this forum and elsewhere who enjoys their real estate profession will put there thinking caps on and submit realistic ideas on how this issue can be solved to everyone’s mutual advantage.

Then again ¿ this is just my opinion. Everyone is entitled to their own.

Regards,

B. J. Chandler



Eileen Schiffer
Member

Posts: 8
Joined: Dec 2003

Sat October 14, 2006 2:44 PM (NEW!)


How about the 100% brokers who do not have the resources to respond or the desire to field all these calls?

Does FREC think the public is that stupid that they can not find the actual broker's phone number if need be?

Smells like some powerful big brokers want to drive all calls to their offices thus helping them build a bigger buyer's agent business.



Stephen McWilliam
Member

Posts: 559
Joined: Sep 2004

Sat October 14, 2006 5:16 PM (NEW!)


Please note that although the brokers phone number must now appear on all advertising this does not preclude the inclusion of the individual agent's phone number also.

-------------------------
Stephen B. McWilliam, ABR,CRB,CRS,GRI
Broker/President
Florida State Realty Group, Inc
PH: 954-359-3000 - 866-342-9823 - ext 1767
smcwilliam@floridastaterealtygroup.com
www.floridastaterealtygroup.com



Eileen Schiffer
Member

Posts: 8
Joined: Dec 2003

Sat October 14, 2006 9:39 PM (NEW!)


Lets be candid here! This is an effort by brokers to capture more & control more of the in-bound calls from listing specific advertising.

Of course an individual agent can put their phone number in the ad and I am sure brokers will gladly pay for that additional line of copy....NOT!

So far, not one rational argument for this rule. I do not buy the argument this is an effort to protect the public. Putting the broker's phone number on listing advertisements to protect the consumer? Really? Oh, I am sure the public will sleep better...

This rule will penalize listing agents and broker's whose business model promotes the agent vs. the broker.

I hope (and think) the meetings to discuss this rule is the first step in getting FREC to realize they made a mistake on this one (and gives them a way to save face when they reverse the rule.)



Mario Blanca
Member

Posts: 26
Joined: May 2004

Sat October 14, 2006 10:07 PM (NEW!)


I do not have a problem with this requirement. I just completed a mailing and my cell number is in bold large red letters and my brokerage firm's is in small size numbers along with the office address and company logo. The text asks the reader to "CALL ME..." and my cell number in large, red, bold numbers.

I give FREC the benefit of the doubt, they must have had a good reason to require the numbers to be included.

Mario A. Blanca, MBA
Broker Associate
Gosselin Realty
Ocoee, FL 34761



Eileen Schiffer
Member

Posts: 8
Joined: Dec 2003

Sun October 15, 2006 9:06 AM (NEW!)


My point exactly...your mailer has the office address and logo. It is crystal clear who the broker is!!! Do you really need the broker's phone number?

If FREC has a "good reason" then lets hear it.

So far, not a single good reason for this rule.

Keep the weak..."benefit of the doubt", "I imagine", "customer care", "you can put the agent# also" arguments coming.

It is very interesting how this forum usually has many insightful and detailed responses from brokers yet with this question the reponses from these brokers are non-existent. Hmmmm!



Stephen McWilliam
Member

Posts: 559
Joined: Sep 2004

Sun October 15, 2006 9:37 AM (NEW!)


Eileen:

Considering that none of the brokers on this forum are FREC commissioners and probably didn't attend the related meetings I doubt they would know specifically the basis for such a decision. They could speculate but have decided not to date.

Personally, I have seen business cards that contain the name/logo of the broker "Re/Max" "Prudential" "Coldwell Banker¿ to name just a few. Their home address and phone numbers were listed. They did not disclose what specific offices to which they belong. I have seen print advertising that contain the associate's group name in bold letters with the broker's logo hidden somewhere in the print. Actually, I have seen both print and internet based ads that do not contain any of the broker's information. I have seen print advertising placed by the associate wherein the listings advertised for sale contained were closed sales from months ago and not even originally listed or sold by that specific associate. In a few instances wherein I spoke with the broker they had no clue that their associate was placing such advertising.

Your suggestion that this is some sort of broker conspiracy is without any merit. What does have merit is that advertising abuse is out there currently and will most certainly continue is some form. FREC appears to be attempting to reign in this wild wild west type of advertising by rouge associates. Are they in the minority? Probably. However, there obviously have been enough complaints to warrant this type of tightening of the advertising provisions of the law. As the saying goes, ¿it only takes a few to ruin it for the rest¿.

Let's also remember this fact, any advertised listings are the sole property of the broker not the associate. The broker is the one on the hook legally and is responsible for the actions of their associates. The advertising needs to clearly represent this fact to the public and make certain that the brokers make certain that all advertising that contains their names and contact information is truthful and accurate.

Furthermore, your comment "I hope (and think) the meetings to discuss this rule is the first step in getting FREC to realize they made a mistake on this one (and gives them a way to save face when they reverse the rule.)" is not accurate. This is a workshop designed to educate the profession on various recent changed in the law - not the profession educating FREC. There will not be any reversal in this position ¿ count on it.

Should you still not like this rule and truly believe it will negatively impact you always have the opportunity for you to obtain your broker's license and do it all on your own. That way any of your advertising will contain only your name and phone contact. ontact.

-------------------------
Stephen B. McWilliam, ABR,CRB,CRS,GRI
Broker/President
Florida State Realty Group, Inc
PH: 954-359-3000 - 866-342-9823 - ext 1767
smcwilliam@floridastaterealtygroup.com
www.floridastaterealtygroup.com

Posted Sunday Oct 15
(10/15/06 10:10AM) — Scott Gormley

I hate to break it to ya, but this blog is way to long! Break it down into 2 or 3 blogs with parts and you'll have a better readership....Just some advice :)

Scott

(10/15/06 11:02AM) — Lenn Harley

This rule has been in place in Maryland for a couple of years, with varying degrees of enforcement, mostly none.  It's pretty much left up to the brokers to enforce.  But, that's their job.

The reason the broker's full company name and phone number is required on all advertising is for the convenience of the consumer.  If a consumer wishes to contact the superior of an agent/licensee, they need access to the agent's broker's information. 

If the agent doesn't have the broker's name (not a logo) and phone number on the agent's card, yard signs, web page, etc. how is a consumer going to make a complaint???  That's the reason given.  The phone number MUST ring on the broker's phone or reception area phone without the agen't interception of the call. 

As a broker, I would prefer that my number NOT be on the agent's card, simply because I don't want to field the feedbacks calls.  But, I do what I have to do.  We comply fully.

(10/15/06 11:25AM) — Stephen McWilliam, ABR,CRB,CRS,GRI

Scott, I had tried to trim it up but without any sucess. Sorry.

I really think it is a GREAT rule...even though it might cost a little money to implement....

BROKERS are there to be the go to person if the agent screws up..just think how many agents will be called onto the carpet when they don't service their customers...hehehehe

NOW the customer has a way to contact the broker quickly......instead of asking an offending and rude agent the number....

(04/21/07 12:40PM) — Karl Kruger

I ran into this problem recently, here in California.  We are not allowed to put Listing Agent phone number on the comment section of MLS listings.   I understand why, obviously a buyers agent would want the buyer to call them if they found a house they were interested in.   The problem here is that when a posting is pulled onto realtor.com,  the broker/ph number is displayed for the listing agent's broker.  So, there is really no way to prevent a buyer from directly contacting the listing broker!  Frustrating!

 

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