Columbia Board of REALTORS® Weblog

Ellsworth Kansas Windmill farm

I have a new phone, a Palm Pre.  I loved my Treo – which is now $99 new – ouch – but my buttons were wearing out.  They just don’t make them like they use to… We were planning a long road trip so I figured it would be a good time to fiddle with my phone and learn how to use it.

I’m wierd, I read manuals. I have discovered that most of the time when I have a technology question, I am far better off reading the manual instead of asking someone. Like the lady at the Sprint store told me that the magnetic charger (Touchstone) would connect with my car charger. How cool – you just lay it down and it charges – no more plugging it in while you are driving.  NOT! It does NOT connect to your car charger.  Would be nifty if it did.  Anyway, the manual for the Pre does not come in the box.  It is online.  Some of the instructions in the box are pictures only.  No words. nadda. Pretty cool.

The best thing about it is that it connects to the web very fast and it uses smart technology to get you to where you want to go.  My husband and I constantly are looking up stuff so this was very handy.  We passed a windfarm in Ellsworth Kansas and I looked up how many windmills were there, what their output was etc. Very interesting.  I finally have Twitter and Facebook connected and working.  It took a while – not due to the Pre but to me…. (old dog, new tricks).

The only thing I have to set up now is how it interfaces with my Outlook.  I’ve already doubled entries on my Calendar so that didn’t work too well.

CVG

Our MLS Attorney, Darity Wesley, sent this out in her newsletter today.  I think it is particularly relevant in light of our recent Appraisal issues.

CVG

Privacy 101- Stealing Data is Bad
By Darity Wesley

“The man of genius does not steal, he conquers.”
-Alexander Dumas

Let’s just go ahead and admit straight off here that we are all in business for a couple of reasons. One is to make money to support our families and lifestyles. The other reasons vary- it may be something like helping people, being a part of a team, making a difference in the world or the sheer enjoyment of doing work that makes you happy.

That said, we all work very hard to protect our place in the business world. We spend countless hours doing our best to put forth a superior product or service. What if someone comes along and steals or undermines that product or service? Most peoples’ ethical standards would consider that bad. What if your product is data and the service you offer is providing that information to affiliated partners with whom you have a contractual relationship?

If you think that data stealing is uncommon and it couldn’t happen to you, listen to this. According to a survey conducting by the Ponemon Institute, 59% of employees who left or lost a job in 2008 stole confidential company data. E-mail lists, employee records, customer information including contact lists, and nonfinancial information, were mentioned in the study as the most commonly stolen types of data.

Data, or any other electronic content, is called Intellectual Property (IP) and is protected by federal laws. Additionally, enforceable contracts like website Terms of Use, and Multiple Listing Service (MLS)/Association Rules and Regulations, also protect your hard earned IP assets.

Data is difficult to protect from nefarious wrongdoers who can cloak themselves in the cyber invisibility. These thieves put together ‘scraper’ sites that steal data, images and layouts. In businesses like real estate, some of these scrapers take what they have stolen and then try to sell it to a reputable businessperson as an original lead. Sometimes people who steal data aren’t so technologically savvy. They just finagle a log-in to a members only website, like an MLS, and collect the data for their own purposes without properly compensating the owner of the IP or adhering to the guidelines of the information use.

The tricky part of working with IP issues is that, in the real estate industry, the MLS and the brokerage firms must jointly find the right balance between protecting the MLS content and creating rules that hamper the brokerage firm’s ability to conduct business. This is where expert legal advice is essential in creating the contracts that enhance these delicate transactions. There are legal remedies if your data is stolen and businesses whose lifeblood is information are starting to successfully take action against the perpetrators

The Privacy Guru® says, Stealing data is bad, bad, bad. Don’t do it. And if it happens to you, you know who you’re going to call!

Darity Wesley is CEO and Legal Counsel for Privacy Solutions, Inc. a San Diego based consulting firm. You can always reach Darity at Darity@PrivacyGurus.com or 619-670-9462.

I had a discussion today regarding naming a building.  A member of our group expressed a desire that they would like to have their name on a big building someday.  After discussing how much money it would take to have something named after you, I decided that would not be one of my goals in life.

Personally, I want Planning and Zoning to name a small section of one of our streets after me.  They are so good at giving the same road multiple names so I don’t think it is too much to ask for.  I want there to be a “Carol Van Gorp Way” somewhere in Columbia.  That way, I can say, “It’s MY Way or the highway!”

CVG

Let’s think out of the box.  What can be done to really change Professional Behavior?  How can we raise the standards in Columbia?  Let’s draw the line – Here is what it is to be a Columbia REALTOR and if you don’t measure up, you’re outta here…  What can we do?  How can we do it? I’m open for suggestions here.

So the Agent is dumber than a mud fence, can’t write a decent contract to save her sole, is arrogant and thinks she knows everything, and is her own DR so there is no one to complain to.  Do you recognize her?  Do you wish you could tell her but don’t – You just want the transaction to go through, get the property sold and move on.  What if you could anonymously tell her what you think? 

What if we had a program – completely confidential – that when you had good or bad issues with another member you could sign on and rate the agents professional abilities.  After ten ratings, the agent in question could see what everyone else thought of them (randomized and anonymous).  If it was positive, it could be used in marketing.  If it was negative – well then, we’ll just keep quiet about it.  Hmmmmm….

CVG

Our association has been part of the statewide Professional Standards program since July of 2003.  Since that time we have grown rapidly and the internet has changed the way everyone does business.  The internet to a certain extent has contributed to anonymity and lack of accountability all around.  I am told that before, when we held hearings ourselves, people seemed to take it more seriously because there was the feeling that someone was watching you.  There were consequences for poor behavior.  What you did mattered.

Its not just here – its everywhere.    I heard it loud and clear in Miami before I got here.  This deterioration in behavior is felt in every organization throughout the country.  Enron, Bernie Madoff, AIG bonuses….”please” and “thankyou” and the Golden Rule have gone out the window.  I submit that the rise of poor behavior is endemic in our country.

Many people have expressed a growing concern over the lack of professional behavior in our association.  What I am very proud of is that you care.  You are willing to draw the line and say “no more!”  We are more fortunate than a lot of large associations whose agents never see the same agent twice.  Here, our Agents are your neighbors, you went to highschool with them, you go to church together.  You look them in the eye all the time.   Trust me -  you all are self-policing to a large extent and are very willing to “rat”. 

However, I submit that blaming poor behavior on the statewide process, ”out of site, out of mind” is not valid.  The rise in poor behavior merely coinsides with our timing… and where we hold hearings isn’t going to cure a damn thing.  Hearings are supposed to be strictly confidential.  Trust me – if we hold them here, we will run them by the book.  The first bit of chit-chat and that person would be OUT of the program.  Did you know that we have had 3 Ethics complaints filed so far this year?  I didn’t – AND THAT’S THE WAY IT IS SUPPOSED TO BE!

So what does work?  What can we do about bad professional behavior?  There are several programs that work and that a Professionalism Taskforce is being formed to explore.  We need to concentrate our efforts on doing something about the problem and stop focusing on the statewide program that is secret and confidential.  The statewide program works but only is a tiny part of the issue.

One idea is the Memphis Association has a program called “Professional Standards Advisors (PSAs)”.  Volunteers are trained in knowing the difference between bad behavior and COE violations.  A member – or a member of the public – with a complaint is encouraged to call in on a hotline and say “Call me, I’m mad as hell and I’m not going to take it anymore”.  Each PSA is assigned a block of time to monitor the hotline.  They discuss the problem with the caller and determine the best route for resolution.  It may be that they help fill out the complaint and send it on to Professional Standards or maybe all that is required is to allow the caller to vent.  Anyway, they have the training and latitude to resolve the problem.  This idea has a chance of doing something positive about behavior without the liability.

What about letting you rate each other in transactions?  More tomorrow…

CVG

At our Board of Directors meeting on last Thursday, after a LOT of discussion, our Board voted to stay with the statewide Professional Standards program.  Actually, that’s not really true…because this was a previous action by the Board, 11 votes were needed to overturn the prior motion and less than that were obtained so the motion to withdraw failed.

Officially, I do not have a position on this matter.  I serve at the will of the Board of Directors.  I am, as Nancy also is, a Certified Professional Standards Administrator and we stand ready to serve in whatever capacity the Board decides.  I have tried to keep my opinions to myself throughout this entire process.  However, sometimes containing myself is a little difficult so here goes….  I have too much to say on this matter and will try and express myself over the course of several postings.

First of all, let’s define the problem we want to cure.

The basic problem that seems to be frustrating everyone is that Agents are behaving poorly, are not trained very well and their lack of manners, professionalism and knowledge is making everyone else’s job more difficult.  At the Board meeting, someone commented that we spend more time on the golf tournament than we do on professionalism.  Is that ever true!

However, few people understand that while some behavior may be dreadful, inappropriate, rude, obnoxious etc., unless it is specifically covered under your Code of Ethics, it does not fall under Professional Standards and NOTHING WILL HAPPEN TO THE OFFENDER.  Our  recent survey demonstrated that only 4% of you have a clue what the difference is between poor professional behavior and Code of Ethics violations.

An Agent told me about a very difficult closing that he had recently.  He represented the Seller and in the contract, agreed to cover up to $3,000 in closing costs.  It was determined at the closing that there would be $2,500 in closing costs.  The Buyers Agent wanted the additional $500. The Lender explained that there was no way to legally transmit the $500 and anyway, under the terms of the contract, the Seller had fulfilled their obligation.  The Buyer’s Agent proceeded to try and do an off sheet deal (against HUD regulations) and was very rude to the Sellers and the Seller’s agent.  She was determined to get that $500 and made a big stink about it.

Was this unprofessional? Absolutely. Should her DR be informed? Absolutely.  Should she learn more about contracts and HUD? Absolutely.  Was there a Code of Ethics violation? Probably not.

Regardless of where we hold Professional Standards hearings, that’s not going to have one bit of effect on this Agent’s behavior.  We need to figure out what would have an effect.

CVG

I recently attended the National Association of REALTORS Midyear meeting in Washington, D.C. On Friday at the RCE Leadership Luncheon I received the Bud Smith award. While it is a great honor, I feel particularly blessed to have our state AE, State President, State President-elect, State Treasurer, Board President, Board President-elect and my husband be there to celebrate with me. I feel supported and appreciate their leadership – it takes all of us working together to make good things happen!

This is what NAR says about the award:
To achieve induction into the Dr. Almon R. (Bud) Smith, RCE, AE Leadership Society, it must be demonstrated that nominees have brought credit to the profession of association management through their personal involvement in advancing the purposes of the organization at the local, state, or national level; provided leadership in ways that have benefited the organization, the members, or other association executives; or made other significant contributions that have advanced their organization in meaningful ways. Candidates must have a proven track record of identifying and sharing innovative ideas. Inductees will serve as role models for all association executives in these characteristics. In addition, the Recommendations and Recognition Subcommittee will place strong emphasis on candidates with the RCE and/or CAE designations.

CVG

Candy Roberts is the Association Executive at the Middle Tennessee Association of REALTORS. She is someone I am crazy about and am fortunate to have as a friend and advisor. She has a great grasp of what it takes to help leaders in her association succeed. Her southern charm combined with her insightful observations draw her peers. Tuesday she was asked by NAR President Charles McMillan to be on a panel and speak in front of 8,500 people in Washington, DC at the NAR meeting. Apparently he sees the same great qualities in her that we all do! She did a fabulous, flawless job. I took the following video – which is horrible and does not do her justice. However, just listen to what she has to say.

Good job Candy!

CVG

Allan Moore

Fortunately, every association seems to have one or two unsung heros – those guys that quietly go about their business, perfectly willing to step up to the plate when asked, never expecting a thing in return.  Well Allan Moore, this is your day on my Wheeties box.

Our association is working with a new organization in town – CHO (Community Housing Options) to get land donated by the city and then build ten units of low-income, handicapped housing.  They needed an appraisal of the land for HUD. So who do I turn to? Allan Moore!  He did a beautiful, impressive job and donated his services for the cause.  Whether it be a speaker for our annual meeting, or an impressive appraisal, Thank You Allan!