Deceit, Subterfuge, Treachery Part II (OK, not so much)
Chuck Ponzi April 28th, 2006
Hello all,
After my posting about Deceit Subterfuge, Treachery, I recieved a few emails from the agent who sent out the mailer… I will post it in its entirety here because I believe it merits a good read.
Sent from : [Name Removed]Well - I was just told about this site and my being featured.
I do apologize if anything I mailed was construed as intentionally dishonest. I actually entered into this field full time due to dealing with unscrupulous realtors and would never doing anything to mislead anyone. I send information on all sales within a community from all listing and selling brokers. When I pull information for the market updates from the MLS I enter a Close of Escrow date for the particular month. The MLS information on the closed transaction shows Time on Market as 14 days. In this case, I had no part of this transaction and had no reason to doubt the MLS information I pulled. I actually thought I was doing the home owners a service instead of sending recipes, or give-aways. I spend time pulling the original list price versus the current list price that the offer was made at to better inform owners what prices are bringing buyers. Again, thought I was providing a service.
I have no incentive to be dishonest - Actually, in respect to time on market, it would behoove me to show other realtors taking longer to sell, but I show what the MLS shows regardless. Additionally, I live in the other side of this community so I have a personal interest in maintaining my reputation.
The So Cal MLS board (Orange County) has actually worked to prevent realtors from manipulating data. The listings now show time on market and cumulative time on market - It was explained that this would avoid manipulating the time on market by canceling or expiring a listing then re-activating it. Well, I guess I found the glitch. After I was told about this blog I went back an checked the expireds and it seems that if the property is re-listed with a new broker, there is no running cumulative time on market, but instead starts fresh.
I do not believe I represent the type of industry or agent you are speaking of in your blog. They do exist, and I can see how you can point to the mailer I sent as an example. I have sent these out for approx. 9 months to 3 other communities and about 4 months to our community. I challenge you to find one other example of the incorrect time on market - and if I was skewing one in the tract, why would I stop at the one property?
I will be reviewing the error I found in the SO CAL MLS system with the manager in the office I work in and ask that he take it to the appropriate boards.
I will be holding an open house around the corner this weekend so please feel free to stop by and I will be happy to show you how this happened or answer any questions you may have.
Respectfully,
[Name Removed]
[Agency Removed]
I think we all appreciate Mr. M’s honesty with respect to the listings. I don’t believe that I as an author or many of my readers ever felt that He was being intentionally dishonest with the group. My original post included:
Still, it’s not Mr. M’s fault his organizations are corrupt and filled with deceitful people. Relisting a property should require an initial date of listing, listing history, and the Realtor’s association needs to have periodic peer reviews to ensure the integrity of their information and profession. This should not, and cannot continue to work for them!
This is the problem. At present, there is nothing that compels these groups to honesty. Unlike the SEC that requires NASD registered stock brokers to conform to rules if they step outside the bounds of proper investment advice, the NAR and CAR has repeatedly avoided imposing guidelines on “investment advice” offered by agents. Organizations like the NASD and the NAR and CAR are to the best of my knowledge, SRO’s (Self Regulating Organizations) that test their own members to ensure competency and ethics. Any ethics breach in the NASD is treated with temporary or permanent expulsion from the profession. Period.
Mr. M… there was nothing in my post that was intended to be a personal attack, but rather as an expresion of a symptomatic problem that exists within your profession. Please accpet my apology if you felt in any way it was personally levelled.
However, the recent moves by the NAR and CAR to prevent non-realtor view-only access to the same information as realtors in the MLS, present a publich breach in trust. If you can’t trust your realtor or his/her information when buying or selling a home, who can you trust? Noone else outside these organizations has access or oversight to the information being provided to customers. I believe that places an important fiduciary duty on Realtors. If only a realtor can provide you information that you need to make an informed decision, for Sellers and Buyers.
If inventory is not moving at certain price points, or is moving very quickly, this information is vitally important to buyers AND sellers who are making perhaps the most important financial decision of their lives.
As far as good realtors; yes there are some out there. In fact, I sold my home with one of the greatest Realtors I have ever met, Dan Hernandez (Name not removed) of ReMax Realty in Santa Clarita Valley. However, I believe that this price bubble has invited the worst kind of realtor into the mix. However, without external oversight and open information, this kind of trickery will continue to rule the day in this profession. Good realtors should be praying for a house price crash so these other idiots will get out and stop ruining their business for them.
Unlike other activists who feel that the commission is disproportionately weighted to the amount of work, I feel that the market will properly dictate what an appropriate commission for the work being down. In the case of a well-informed and prepared realtor, the commissions are well worth the expense. However, just as high profile cases of anti-trust actions like Microsoft, if witheld information prevents normal competition and consumers having access to the best information with which to make such an important decision, the CAR and NAR will find themselves in a spotlight they will not like to be in.
As a final note to Mr. M., this is perhaps a call to take up the cause for better access to information. If, when viewing a property, you were able to immediately see all of the history of that property at a glance, you might have been able to avoid sending out misleading information. This misleading information (even if not your fault) makes you and your profession look bad. We all appreciate correct information much more than recipes, chotchkies, or other give-aways when making perhaps the most expensive purchase of our lives.



Gary — while smugly confident — has not only been “accurate” the last 14 years in a row, he has been DEAD ON within one half of one percent in his estimations. I don’t like his smugness, but I’ve made a mint following his advice.