Is the REALTOR(R) Code of Ethics stifling competitive business practices?

How about a burger? Mine's better.

***FOR REASONS BEYOND MY CONTROL THE COMMENT THREAD ON THIS POST WAS SHUT DOWN BY ACTIVERAIN DUE TO TOO MANY COMMENTS. They are working on the issue. My apologies for our conversation being yanked in the middle of talking.

Hi folks. Debe Maxwell wrote a post yesterday titled “I won’t swim in your toilet if you don’t pee in my pool. Her post, in a nutshell, is about a REALTOR® actively soliciting one of her active listings.

If you haven’t read her post please take a minute to do so. I’ll wait. La lala la lala….OK are you back? As you can see from the comments on Debe’s post “Slimy Sammy” got himself into a whole bunch of doodoo by breaking our REALTOR® Code of Ethics.

There are several CoE violations but the main one is SOP16-4 “REALTORS® shall not solicit a listing that is currently listed exclusively with another Broker”

My personal opinion about this particular Standard of Practice is that it was written to protect REALTORS® NOT the public. I feel it prohibits competitive business practices and in fact causes the consumer harm. Here’s why.

How many times have you seen a listing in the MLS that has most of the information either missing or incorrect? Or has one picture? Or is grossly overpriced?

What if the seller could be made aware of this? What if as a REALTOR® I could knock on the front door of your listing and say “Hi Mr. Seller, I was looking at properties in the MLS this morning and noticed that your current listing was full of wrong information. Were you aware of this? Let me show you how it could be better.” 

Notice I didn’t say anything disparaging about their agent? I didn’t say anything false or misleading about the other agent’s business. All I did was point out the facts.

Do you think if we were free to solicit each other‘s business that maybe just maybe REALTORS® would be forced to up their game? Do you think this would give the consumer more protection? I do.

I call it competitive business. Why do you think McDonalds is across the street from Burger King. Publix across from Winn Dixie? It’s to give the consumer choices. These businesses are forced to compete. And the winner is the consumer.

As a listing Broker I have no problem at all if you want to contact my sellers and solicit their business. I am 100% confident in my ability to earn and keep my customer/clients’ business. Are you?

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

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