Do you know that the Realtor who you have your house listed with is actually still earning their living as a Realtor? That was the concern recently voiced and posed to us by a concerned agent in Poinciana, Florida.

“In Central Florida, for example, over 50% of real estate agents are not actively working their listings. (That’s an approximation based on the number of agents who never return my calls and/or are know to now have full-time jobs doing something else.) Seems to me that there is something inherently unethical about REALTORS who don’t disclose to their customers that they aren’t working full-time to sell their properties.”

While I understand that this agent is probably a bit frustrated with her Central Florida colleagues and may be embellishing a bit, this comment gave me reason to ponder the implications of her statement.

A real estate agent approaches a homeowner and seeks to obtain a listing, prepares a listing presentation, and obtains a listing, all the while knowing that they will only be working part-time to sell the homeowner’s property. The homeowner, of course thinking they are hiring a professional, would probably not think to ask this “professional” if they are only in the game on a part-time basis.

Obviously this is not something the part-time “professional” is going to offer or disclose willingly, so therein lies the dilemma. Is there an inherent misrepresentation if an agent does not inform the homeowner that they are not earning enough of a living as a real estate agent and is not a full-time agent?

Does the homeowner have the right to know in order to make a fully informed and properly represented hiring decision that could possibly involve the signing of a binding contract?

In reviewing the National Association of Realtors Code of Ethics there seems to be some evidence to support the notion that an agent should indeed inform a homeowner of their status as a part-time agent.

Article 12 REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional.

In a real estate market that provides its own challenges, should a homeowner not be entitled to know whether or not a real estate agent is truly making his or hers best efforts to sell and market their home?

Is this why so many calls to agents go unanswered? Is this why so many offers go without a response? I wonder with so many agents leaving the business, how many have stayed, only to be working in a part-time status?

How many have taken listings and already have moved on to their “day job” never informing the homeowner of their career change?

In this litigious climate wherein lawyers are lining up to take shots at Realtors, should agents be giving homeowners more lawsuit fodder?

As I am not an agent, and in light of recent articles I have written that have been seen as inflammatory, I am going to step back and just ask the questions this time. My opinion does not matter in this regard, I don’t have a listing with an agent and I am not a Realtor. I am however very interested to hear from other real estate professionals as to what they think about this. I’ll reserve comment for a follow-up article.

I would also like to hear comments from consumers as to what they think about this. When you hire an agent, do you think you are hiring a full-time professional? What would you think if you found out that the Realtor you had hired had another day job?

We won’t even ask the question as to whether a “part-time” agent should be entitled to 3%-4% commission on a second job gig…not yet anyways.

What say you all on this?

Dear Realtor,

When I was growing up as a small boy in Connecticut, I often heard commercials from a local jeweler named William M. Savitt. Mr. Savitt had come to Connecticut and opened his business in 1919. He was just one of seven children of Russian-Jewish immigrant parents and he dropped out of school at age 14.

Back in the 1970′s and 80′s as I was growing up, it was not his jewelry business that caught my attention. It was the snazzy uniforms that he bought us to wear for our little league team. I did not know who he was but on my back I wore a simple slogan that became folklore back in Hartford, Ct.

P.O.M.G. Peace of Mind Guaranteed. That was it. A 4 letter acronym followed by a four word slogan. For decades he built his brand identity on a very simple catch phrase. And what a business this former dropout built.

Never doing business like most jewelers did then and as fewer do now, Mr. Savitt built his business by guaranteeing his clientele a lifetime guarantee. Customers were guaranteed complete peace of mind if you decided to do business with Savitt Jewelers.

Standing behind his famous guarantee, he actually walked the walk and talked the talk to the tune of over $10 Million dollars per year in annual sales. Let me remind you that were talking 1970′s US Dollar strength…Savitt knew that in a business based upon service, that his consumers had choices.

If they were not satisfied with his business there were many other jewelers available that would gladly take the business. So he knew he had to go above and beyond his product and be the man behind the business. It worked for generations that followed, and will for generations to follow, as the Savitt name lives on in the jewelry business nearly 90 years later.

That famous guarantee, dreamed and implemented by a high school dropout of immeasurable success lives on.

Savitt’s legacy is brought to memory as I recently had to deal with a couple of crappy real estate agents. One is going to ride her client’s right into foreclosure and the other who has no grasp of the complexities of today’s real estate market. Unfortuynately this type of incompetence is becoming more the rule than the exception. 

In my opinion the agents I refer to are completely opposite what Savitt stood for. People seem to forget nowadays that The customer is king. The customer is always right, and the customer DESERVES premium service and quality service.

Like Savitt, why don’t you stand up and exemplify excellence. I would be the first to  applaud you. As a Realtor, aren’t you tired of being associated with an industry known for lackluster service?

Don’t you realize that with all of the technology in the world, all of the branding promotions, it all means nothing if you are not prepared to show the consumer that you are a different breed of real estate agent.

That new breed being that agent who is bold enough and confident enough in their abilities to guarantee their clients service nonpareil.

So, my question, in this open letter, is to the rest of the country’s real estate agents. Are you prepared and willing to stand behind your abilities? Are you willing to excel in your field and challenge the consumer to find a better agent than you? Are you willing to allow your client to fire you with no questions asked if you do not deliver?

Are you prepared to offer your clients the feeling that Mr. Savitt afforded generations of his clients? Are you prepared to offer complete P.O.M.G.? Peace Of Mind Guaranteed. I think the American consumer deserves this from all Realtors and should demand it. In fact I encourage all consumers not to settle for anything less.

It’s time to see this business change and if it is by just one broker at a time, then at least it’s a start.

Imagine the revolution!

…but it just seems so unbelievable. It’s like a bad song that keeps going thru your head all day. I am going to give you a taste..remember that song..”If you like Pina Colada’s….yeah…hum that one all day!

But this is much more sinister. Much more evil. It’s a “Mist” if you will that’s swallowing us all up. We’re entangled in this lobbyist induced haze of believing these people are actually professionals. I am talking about that animal that lurks behind an MLS listing and an alphabet soup of letters on their business card and a nice blue “R” pin on their lapel. The real estate agent! 

Good name for this animal…”agent”. It implies and defines the problem. Ever see one of those old war movies and see the character that plays a mercenary. You know the guy who really does not care who wins or loses but is just worried about getting paid. Isn’t really for one side or the other…no real commitment or sense of responsibility. Just a hired gun.

Well even the mercenary had some skin in the game. After all, even he risked getting picked off by the enemy’s bullet.

The real estate agent is a different kind of mercenary. Sort of like that smiling dealer at the casino. He just deals the cards. Someone at the table may win and someone at the table may lose…but the cat that swallowed the canary smiling dealer just keeps dealing hopefully waiting for someone to win a hand and throw him a tip. (you can substitute commission for tip here). You see seldom is the commission “earned”. Seriously before you completely freak out is the commission really “earned”.

There are absolutely some stellar real estate agents out there. I have met them, done business with them and will continue to do so. These are the professionals. I am talking about the bulk of the real estate agents. The get rich quick, no money down, aluminum siding salesmen-like agents. You know who I am talking about. You the one that’s an agent when it’s convenient and a waiter or waitress by trade.

Ever eat lunch in Los Angeles. Sir here’s your burger, fries and my headshot! You know the wannabe.

Something has to be done. The media is blaming the banks for the foreclosure crisis. I blame the real estate agent. If what is going on is happening in other markets, then most assuredly it’s the real estate agent.

Let me give you a little background. Two weeks ago, we did a little due diligence and targeted 25 homeowners who were slated to lose their homes to a foreclosure sale.

Each of these properties was listed on the MLS…that vast waste land of a database that most agents mistake for advertising.

We submitted 25, ALL CASH offers to the various blackjack dealing mercenaries that were shown to be “representing” the poor homeowner.

This was perceived to be a slam dunk. Here’s what we had:

1. An extremely Motivated Seller who obviously does not or did not want a foreclosure

2. An extremely motivated bank who it is safe to assume did not want to eat yet another loan and increase their REO inventory

3. An extremely motivated and hungry real estate agent who may be able to skip a few shifts at Red Lobster by “earning” a commission by these deals closing.

Slam dunk…it’s like real estate investing 101. Find people who are motivated, offer them cash and start printing cash..right..right…well hold on Sparky!

While the aforementioned 1st and 2nd parties shown above are most assuredly ready to play this little game of “Deal or no Deal” and go for the money in our shiny metallic silver briefcase…the 3rd party never booked us on the show!

25 offers, never even heard back from 23 of the agents, 2 of them flatly said no with no further explanation and here we are at the end of the month.

Did you hear what I said…23 of the agents , although called 2-3 times per day, for two weeks, NEVER even responded.

So we waited and yesterday did some further due diligence by calling our local Clerk of the Courts. You are not going to believe this..or like I said at the beginning, maybe we all should.

19 out of the 25 properties went to auction and ALL were taken back by the bank. The other 6 are set for auction in the next couple of days.

Fiduciary responsibility? Ethics? Are you kidding me! The mercenary agent does not care. They are not in business. They are not looking to “earn” a living. Explain Fiduciary responsibility & Ethics to the 19 former homeowners who thought they were being professionally represented.

Folks..something has to change…Brokers what are you doing? I remember watching Starsky and Hutch as a child and even back then Huggy Bear knew what to do when one of his ladies stepped out of line!

Brokers…understand…some of your flock seem to need a real “pimp-slapping”. After all..their ineffectiveness is costing you money as well.

There’s no foreclosure crisis..there is a real estate agent crisis and something needs to be done…but this is just my humble opinion.

I was reading a post on my favorite real estate social network and the writer was stating something I hear quite often. That you need to be very aggressive in making sure the bank does not reduce your commission. In fact the writer of the post I mentioned said:

“Who do they think they are to cut commissions? Negotiate for this! You work ten times harder on a short sale, so why should we be paid less. Fight for this commission. If you have to, take all listings at 8% and start there. Don’t let them push you around on this issue. They will break when you push!”

Great advice. Too bad it could put you on the other end of a massive lawsuit.

Short sales are not new. We have been doing short sales since before they became cool. We were doing short sales back when Sellers actually had equity. Aah..the good ole days! It’s not the short sale that is new, it’s the opportunistic real estate agent that’s new to the game.

Newly dubbed short sale experts are out there trying to do short sales and obviously the reason why is because the lure of a big payday. Most have found out that short sales are, from their jaded perspective, a lot of work, and have elected to forego short sales.

However some, who have decided to make it a go are learning from “instructors” that they need to watch out for the big bad lender who will try to reduce their commission. There’s a couple of reasons for that.

The first is obvious, they want to net more. The other is you are required to do so.

We have spoken to a number of prominent real estate attorneys. We have also spoken to a number of real estate boards in regards to this. Here’s what it boils down to and you may not like it.

If you are taking on a Seller in foreclosure you do so knowing full well they are in financial distress.You know they are about to lose their home if a short sale is not completed. You freely chose to market to this individual and some even have told the Sellers that they are “short sale experts”. Once you have taken that listing your fiduciary responsibility is magnified.

Not only are you charged with protecting their best interests, you must place their interests ahead of your own.

So let’s say you are “negotiating” with the bank and the bank says they need to reduce the commission in order to make the deal work. At once, the agent is going to do everything necessary to defend their commission. Uh oh…you have just breached your fiduciary responsibility.

In speaking with the attorneys for the State Board of Florida, FREC, we were informed on 3 separate occasions, that if you have to reduce your commission to ZERO to make the deal work then that’s exactly what you must do. YOU MUST TAKE NO COMMISSION IF IT MEANS GETTING THE HOMEOWNER OUT OF FORECLOSURE.

If it means you work for nothing and the Seller gets out of foreclosure, then that’s just the way it is. You chose to take on a client in financial distress and your fiduciary obligation is to protect their best interests ahead of your own.

I am not saying an agent that knows what they are doing should not be compensated. For that matter even the incompetent agent may need to be compensated based upon their listing agreement.

However, that may be a matter for you to collect upon outside the transaction in your own lawsuit. In the short sale transaction you may have to forego getting paid if the bank wants to reduce the commission to make the deal.I know..I know..I have heard it before, most agents will come back to the Buyer and say the bank rejected the offer and wants more money.

So you tell the Buyer they need to increase the offer in order to meet the banks requirements. Then when the Buyer won’t you tell the Seller that the bank and the Buyer are being unreasonable and there is nothing you can do.

Oops..there’s that fiduciary issue rearing it’s ugly head again.Don’t believe me, then call your local board..not your broker, not your friend, not another agent…but the State Board and ask this question exactly.

“Hello, I am working on a short sale. I have an offer and it’s well below what the bank will accept. The deal will close and the homeowner will be saved from a foreclosure if I agree to reduce my commission or eliminate my commission. I have been told that I have an extraordinary fiduciary obligation to a homeowner in distress and that I need to forego my commission if it is in the best interest of the Seller and it will keep him from losing his home. Is this true?”

Make sure you are sitting when you get the answer. One attorney told us that the mere negotiation of a commission and trying to “beat the bank” up over commission could be potentially actionable.

It makes a lot of sense when you think about it. You’re the one who decided to take on this listing, and you have obtained privileged, and confidential financial information that you would not normally have, and by negotiating a commission you are using that privileged information for your benefit. Kind of scary when you think about it.

But don’t worry, no one’s ever going to know about you killing a deal because the bank wanted you to take less commission. No one is going to know that the deal may have been able to be closed but the bank wanted $10,000 or $15,000 more. There is just no way anyone can say it’s your fault. In the end it just did not close and you can tell the homeowner that the Buyer would not go up in price and the bank wanted more than the Buyer was willing to pay.

Well…that’s not exactly true. We have spoken to 4 different attorneys in 3 different states and the next wave of real estate agent lawsuits are on their way.

You see, each and every time you call the bank to “negotiate”, those calls and everything you say on them are recorded. In fact, you AGREE to having those calls recorded as a condition to even being allowed to speak to a lender. Why do you think they record those phone calls? Did you ever think what the phone call waiver statement means and why they state it?

Lender reps are trained as to what they can and can’t say in regards to a client. More than likely in your newly read short sale expert manual, they failed to mention that little bit of information didn’t they.

Attorney’s that will be suing real estate agents can subpoena those phone records and in doing so can make a very compelling case for negligence. They can subpoena all of your notes, your short sale package…even your preliminary HUD-1 Statement showing your big fat commission on it. Yes, everything!

If that’s not bad enough, too many agents and brokers are chummy with their own title company or title agent and try and get “creative” with the paperwork. Unfortunately they used a title agent instead of a real estate attorney.

You see, that information can be brought in against the inexperienced, short sale expert as well. For if they used a real estate attorney, it’s possible another layer of protection would have been put in place per the attorney client privelege.

The two hour short sale expert class left out that tidbit of information as well.

Well, who knows, maybe the homeowner will just accept that he lost his home to foreclosure and believe that you did the best that you could. He probably will.

Here’s hoping for you that his attorney will too.

Check out this update to this post regarding the prospect of real estate agents being sued for misrepresenting themselves as short sale experts to vulnerable homeowners.

“Given the level of uncertainty about short- and medium-term economic performance, it really doesn’t make sense to jump in unless you have a five-to-10-year horizon,” said Ben Feldman, 44, an independent consultant and a renter in Capitol Hill.

Feldman’s quote comes from an article in the Washington Post that fosters some serious thought for those seeking to sell homes to conventional buyers.

Home prices have proved volatile. After a steady decline from mid-2006, national average home prices climbed more than 6 percent in mid-2009, but they have dipped since then. Overall, prices are off by about a third from peak levels through March of this year.

That follows the huge run-up in prices — a 90 percent appreciation — from the beginning of 2000 to their peak in 2006, according to the S&P/Case-Shiller home price index.

Retail buyers, who have the ability to buy, are waiting. They’re waiting because despite every optimistic message that the NAR tries to put out, the buyers aren’t falling for it one iota.

“You have to be patient,” said Mark Kiesel, global head of the corporate bond portfolio management group at Pimco. Kiesel has been renting since selling his house in 2006 and recently renewed his lease for another 18 months. “You have to stick to the fundamentals. There are more sellers than buyers — it’s that simple.”

So the fence post commercial from the NAR telling people that “now is a good time to buy” is a very weak and ineffective message for today’s buyers who are much more savvy. Dare I say, even much more savvy then those trying to sell them homes.

If you are going to be successful selling a home, well then you actually have to be proficient at err..umm…sales!

Those who have’nt returned to the market yet cite a number of reasons for staying put — cheap rents and still-declining home prices, tight credit and expiration of a popular tax credit to spur home sales, lingering unemployment and rising uncertainty about the economy.

A successful salesperson needs to know how to speak to buyers and resolve the issues that they are concerned about. It’s basic sales 101. It’s called overcoming objections.

But here’s the big problem. If you don’t know yourself what the objectives are, how are you going to become proficient in learning how to overcome them?

Realtors who don’t know how to actually sell are contributing to the further decline in home prices. With the cloudy economic outlook and tightened lending standards, buyers are concerned that the shrinking pool of eligible buyers will pull prices down further.

And no one wants to be chasing the market down. So the question is what can you do to assuage these concerns? Yes, it is your job. But more than likely you are not at all prepared to be the skilled technician that you need to be and thus perpetuating the downward spiral of prices due to complete ineffectiveness.

A prospective homebuyer quoted in the Washingtono Post article had this to say about the real estate market.

“The housing market has not bottomed yet, especially for the high end, as taxes are headed higher, credit remains extremely difficult to obtain and renting remains cheap vs. buying. Supply is still greater than demand, which means prices will likely keep falling. The only place where that’s different is the lower end, because that’s where government has come in to subsidize financing and credit.”

Ok you Realtor’s out there, how to you stand toe-to-toe with this buyer’s sentiment and provide him with information that converts him into a buyer instead of a shopper?

Now there’s a commission earner…I’d love to hear your responses but be forewarned, I’ll be looking to engage you.

Let’s have some discourse!

This from the “I Wouldn’t Believe It If I Hadn’t Seen It” file…otherwise know as the are you friggin kidding me section. I get a lot of grief because people say I pick on Realtors too much. But when you see this kind of crap in the news, what’s one to think?

Ok, so I’m using too much of a broad stroke and of course there are some great Realtors out there (y’all satisfied?). But if I can say that, why can’t people be honest and see that there are a whole bunch of ignoramuses (is that a word?) running around with little blue “R’s” on their lapels stinking up the joint. This story underscores my obvious disdain. a handout people? Seriously? Really?

Kenneth R. Feinberg, who was recently appointed by President Barack Obama as the Independent Administrator of the Gulf Claims Facility for the $20 billion BP Deepwater Horizon oil spill compensation fund said Wednesday he’s been besieged by real estate agents and brokers, demanding that they become eligible for payments.

Feinberg said he has heard from many real estate agents and brokers about their lost income, and promised to address their concerns.

“The Realtors and real estate brokers are a major political force,” he said. “I’m hearing from them constantly. I’m not sure whether they have a valid legal claim. I’m not sure they can win if they litigate.

How sorry can you really be? Claiming money from an oil spill fund? Really? Are things that bad that you have to stoop that low? I know what I would do if I was Feinberg.

I would tell them to bring in all of the contracts that they had that didn’t close to prove that they actually lost business and please make sure when you bring in the contracts that you bring in letters and docs showing that the buyers were approved for a mortgage and you were set to close.

But you say..what about the business they might have had? Do we really want to go there? Imputing possibilities and conjecture. I can see it now. “I had a buyer all set and he changed his mind ..so pay me”.

Is there any wonder why the American public has such low regard for Realtors? C’mon, this is bad form no matter how you look at it and it scares me when Feinberg is even being forced to review the insanity of these claims solely because of the fact that the NAR is a “major political force”.

That’s an association that I would want to be a part of.

Do you want to separate yourself from most of the hacks in the Internet Marketing space? Real simple and remarkably easy to do. Run things like a business.

Seriously, remove the word free from your vocabulary. Wonder why there is so much spam on Twitter, it’s free. Why is there so much spam in your email box…yep there’s that free word again.

Business is not supposed to be free…maybe some information is, but not business. Could you imagine opening a pizza shop and expecting the ovens, and the ingredients to be free? Of course not, but then why do so many people online expect things to be free.

Well here’s something that won’t break the bank but will provide a long lasting residual return on investment. It’s nothing new, it’s the good old press release.

I’m not going to spend a whole lot of time on it as I want these tips to be brief and then you need to take the initiative and perform your own due diligence but I will say this in support of what I just wrote.

I wrote a press release nearly two years ago. Even the website that we ran the promotion for was taken down…yet still, two years later there are over 1,600 instances of that press release driving residual traffic to the secondary site mentioned in the release.

Whether you are a Clickbank affiliate, designing an information product, looking for the perfect niche market, or selling real estate, a press release remains a tool of great value. And best of all most of your competitors wouldn’t think of using it. It actually has a cost to it.

Hopefully you understand value and ROI.

I saw this commercial spot about a Tampa lawyer and as a marketer it made me realize how certain professions need to advertise much differently than others. Could you imagine if attorneys marketed like those in the Internet marketing space do?

When I buy an Internet product or hire a lawyer, I want credibility not hype. I think it’s time for change in the IM space.

I don’t see much hype here but it exudes credibility and it is quite subtle in approach. Why..because no convincing is needed. If you need his services you may look him up. Scarcity is based upon need, not pitch.

If I was in Tampa and needed a Tampa Lawyer, this is the kind of commercial that would get me to pick up the phone. What say you?

We’re going to engage on Twitter a lot more often now as a ton of our readers have been emailing us so I guess we are being dragged kicking and screaming into the world of microblogging.

I’m going to ease into it with BlipFM…I understand it tweets your song list…all I can say is be very afraid. Believe it or not I may be the only black guy who is a closet hair band guitar hero.

Ok..we’ll see how it goes.

My beloved laptop is on life support. I lost all graphics capability due to the fact that the Acer Motherboard and the graphics card are all wired together. There was an absolute brain fart if there ever was one. Nonetheless, my gian $3,000 laptop has been reduced to a paperweight.

Absent planning a trip to ACER’s headquarters and going postal, I am making an open call on every social media platform I can find to see if someone has the part I need.

I need an ACER Motherboard for a 9800 series laptop and the part number is MBAAK0B004.

This is a cry for help. My laptop died and I desperately need a motherboard for an Acer 9800 | 9810 series. Part Number MBAAK0B004. Help!!

If you have one of these, or know how to locate one, please email me at info@realestateradiousa.com. Thanks for your time.

Have you been looking for some cool tattoo designs for women? I love the show LA Ink.. Kat Von D is like killer hot isn’t she?

Anyway, check out her serious tats while she gives Steve O from Jackass fame a tattoo of one of his kids.

If you want some info on some other cool tattoo designs for women check out this site!

It’s possible that Che Obama will indeed get the revolution he wants. However, he may not find himself on the prevailing side. This whole re-distribution of wealth initiative dressed up to look like a stimulus package is starting to sour the stomachs of the American public.

It also seems that while you can sometimes smack people around a bit, there comes a time when they just aren’t going to take it anymore. Only a month or so into his Presidency, Che Obama may already be there. It seems that the government of the people and by the people is no longer listening TO the people. People who may have felt one way about a war, or another way about abortion seem to becoming more and more galvanized when it comes to their own pockets.

Much of Obama’s Crapulus Plan will not have any meaningful effect on the economy. But this post isn’t about that. No, this post is about Crapulus II, his housing plan. The plan to revive the housing sector is to reward those who are least entitled to said reward. It’s akin to giving the fat kid cookies. The klansmen new sheets, and the face-eating chimp a new banana.

And America just plain is being pushed to their limit and may just choose not to take it anymore.

Recently on CNBC, there is talk of a Tea Party. While possibly tongue-in-cheek, nonetheless it is, in my opinion, warranted discussion. How much of this Socialist agenda is America going to put up with? Where will the line be when hard working Americans. 90+% of whom are NOT in foreclosure, are going to simply take to the streets?

Santelli’s Chicago Tea Party
CNBC’s Rick Santelli and the traders on the floor of the CBOE express outrage over the notion they may have to pay their neighbor’s mortgage, particularly if they bought far more house than they could actually afford.

As more and more consumers learn that they don’t have to put up with the shenanigans of Realtors, we are seeing complaints against Realtors increase. Unfortunately given the lack of “business” skills of many agents, this trend is likely to continue and rise.

Last week we wrote about another agent being brought up on charges for allegedly being a racist as an investigation by the National Fair Housing Alliance uncovered some very questionable steering techniques. This wasn’t the first such instance and undoubtedly it won’t be the last.

Now we are finding that complaints against Realtors is growing at an alarming rate. In the State of Ohio the number of complaints has nearly doubled in the last five years.

The number of complaints submitted to the Ohio Department of Commerce has risen each of the last five years, going from 473 in 2004 to 885 this year. This represents an increase of 187% since 2004.

So what do some agents do when they read about these complaints? Well of course, blame it on the market and make it the Seller’s fault. That’s great for the declining image of a Realtor.

Teresa Farley of TL Farley Realty who was one of those charged with misconduct in the Ohio probe said that there are many disreputable brokers and agents, but many honest ones are also the targets of unfair complaints, she said.

“The sellers are using agents as scapegoats because their properties aren’t selling,” she said.

Now there’s a remorseful agent who is in business for the long haul who truly understands the edict that the customer is always right…NOT!!

“Consumers are more educated today and they know there is a vehicle to express their issues,” said Rosetta Hayes-Borders, president of the Ohio Real Estate Commission.

It makes you wonder if Realtors understand the power of today’s “Internet Empowered Consumer”? It is apparent that most do not. Mr. Internet coined the term “Internet Empowered Consumer” to describe the tech savvy prospect who understands how to communicate by cyber-means.

You know, that consumer who is part of the 84%+ who are using the Internet as a part of their real estate search. They also know how to do other things online as well. I realize that may come as somewhat of a surprise to some real estate agents who still think that having an AOL email address is cool.

Russer said in a recent New World Order lesson, that the IEC, if wronged, can absolutely ruin your ability to operate. Unlike their offline counterparts, they will seek retribution and they know where to go to obtain it.

Some of the most common complaints involve buyers upset over undisclosed property problems and agents not doing the marketing they had promised. There’s also been an increase in mortgage fraud and criminal allegations.

Teresa Farley, the agent mentioned above is finding this out first hand.

Harold McPherson, of Springfield Township near Akron, said his Farley didn’t come to showings with prospective buyers, failed to return his house key and didn’t pick up the “For Sale” signs from his yard after their six month contract expired. His home didn’t sell last year. He also said Farley didn’t pay him the $1,000 in cash she guaranteed if the house didn’t sell within 30 days.

McPherson, a semiretired bounty hunter and former tow truck driver, filed a complaint with the Department of Commerce.

The department’s Division of Real Estate and Professional Licensing cited Farley for failing to return the house key promptly and not removing the signs.

Farley agreed in a settlement to pay up to $700 in fines and attend three hours of training. She said she only agreed to a settlement to put the episode behind her, but she added that nothing McPherson said was true.

Right…and being a nincompoop will really help you garner additional clients in today’s market.

It’s time that Realtors begin understanding what the ramifications of their actions can be. Farley probably doesn’t think she did anything wrong because so many of her associates have fallen into a pattern of this being business as usual!

Too many Realtors don’t return phone calls, don’t do any marketing, complain about buyers and sellers openly on open forums and social networks and they think no one is watching. Keep it up. The disintermediation you fear is being hastened.

[flv:http://www.realestateradiousa.com/videos/beck.flv 300 250]

1 million plus members, many of whom do a good enough job on their own being fodder for the media, do you really need to be paying dues to an organization which continues to be the horse’s ass of trade unions?

C’mon, we know that there are more than enough reasons why a lot of consumers feel that being a real estate agent is maybe neck and neck with the local sanitation engineer (no offense meant to the sanitation engineer) but when will the rank and file members stand up and scream that they just aren’t going to take it anymore!!

This clip from the Glenn Beck show is an absolute riot. Too bad it’s absolutely true as well.

Can it be that difficult to just state the facts about the housing industry? Does the consumer have to continually hear these types of messages over and over again? Seriously…wouldn’t their be a whole lot more faith in the market if the consumer could actually rely on what came out of the mouths of the likes of Lawrence Yun and Dick Gaylord and the rest of the cronies at the National Association of Realtors?

If most real estate agents are willing to just lie down and let their professional ship be driven into iceberg after iceberg is there no wonder that so many are finally jumping ship?

I can hear it already..I’m bashing Realtors again. Really? I think Glenn Beck and guys like him do a good enough job without needing me to add fuel to the fire. I just have to wonder when it’s going to end and when the trusted membership of the NAR simply revolts and tosses these guys out on their collective rear ends!

Maybe then real estate agents won’t be looking to dogcatchers as their inspiration of integrity and consumer appreciation. No insult intended to dogcatchers intended.

National Fair Housing Alliance & HUD Investigations Confirm Discrimination! Where’s the outcry from the National Association of Realtors? On July 18, 2008, the U.S. Department of Justice filed a federal lawsuit against the real estate brokerage doing business as Re/Max East-West alleging discrimination on the basis of race and national origin in violation of the Fair Housing Act.

Re/ Max East-West is a major brokerage company serving DuPage and Cook Counties in Illinois. An undercover investigation of Re/Max East-West was conducted by the National Fair Housing Alliance and the investigation unturned a repeated pattern of racial discrimination among real estate agents in as many as 12 cities. The NFHA found that Re/Max East-West agents time and again steered potential white and Latino homebuyers to areas where their race predominated. A Re/Max agent showed a Latino tester three homes in predominantly African-American and Latino areas, homes that were markedly less expensive than those she could afford, and told her that he did not have a lot of time for her.

Conversely, the same agent showed a white tester nine homes, the majority of which were in predominantly white areas such as Bartlett, Geneva and St. Charles. The agent offered to show the white tester many more homes in predominantly white neighborhoods as far as a 50 mile drive away.

One real estate agent, John DeJohn, also made illegal comments. He told a white tester, “I don’t care if you are a bigot. If we go to an area and you don’t like it, just let me know. I can’t be a bigot but you can be one.”

In addition, DeJohn informed a white tester that the two homes they viewed together in a predominantly African-American and Latino area were “dumps” and “repos” even though he had told the Latino tester that one of those homes “might be good for you.” And while the white tester received multiple follow-up calls subsequent to his appointment with the real estate agent, the Latino tester received none.

“That agents of Re/Max East West were allowed to engage in such blatant discriminatory behavior is outrageous,” said Shanna L. Smith, President and CEO of the National Fair Housing Alliance. “It is sad to think of how much the community’s residential segregation can be attributed directly to their sales practices.”

Sad indeed. It makes you wonder how much of this is going on across the USA. The Justice Department’s action comes as a result of a complaint filed by the National Fair Housing Alliance (NFHA) with the U.S. Department of Housing and Urban Development (HUD).

In August, 2005, HUD began an investigation and later found evidence that agents of Re/Max East-West steered homebuyers based on race and national origin, made discriminatory statements, and treated individuals differently based on their national origin. After HUD issued a charge of discrimination, NFHA filed an election to have the case heard in federal court. As a result, the lawsuit was filed in the U.S. District Court for the Northern District of Illinois, Eastern Division by the Justice Department.

“We are pleased with HUD’s decision to issue a charge,” said Ms. Smith. “Our investigation of this company revealed egregious examples of housing discrimination and we hope that this will send a clear message to the housing industry that real estate agents and companies must be held accountable to the law.”

After the NFHA filed a HUD complaint in 2005, HUD initiated an investigation based on the NFHA’s findings and issued a charge of discrimination on June 9, 2008. The Justice Department then brought suit against Re/Max and John DeJohn in United States v. S & S GROUP, LTD. d/b/a REMAX EAST-WEST, through its successor in interest, S&W ELMHURST, LLC, also d/b/a REMAX EAST-WEST and JOHN DEJOHN (Case no. 08-CV-4099).

This investigation was part of NFHA’s multi-year, multi-city enforcement project to test for housing discrimination in real estate companies identified by HUD as having previously discriminated during its Housing Discrimination Study.

NFHA’s 12 city investigation found an alarming 87% rate of racial steering and an almost 20% rate of denial for African-Americans andLatinos. The Fair Housing Act prohibits housing discrimination on the basis of race, color, national origin, religion, sex, familial status and disability.

DeJohn, who left Re/Max in 2004 and now works for a Hillside real estate firm, could not be reached for comment Tuesday. But he denied the allegations when they first surfaced in August 2005.

“Never. Ever,” he told the Daily Herald. “I will sell to anyone, anywhere.”

Chris Carlos, who represents both Re/Max East-West and DeJohn, added: “Both of my clients deny the allegations and are looking forward to proving their innocence if need be through litigation,” said Chris Carlos, who represents both Re/Max East-West and DeJohn.

Now I know some will say this is just a small sample of real estate agents but does that really matter? I won’t even proffer that the sample size is sufficient to show evidence of a prevailing problem. Let’s leave it at 12 cities. Even just in these towns this information is bound to be news in communities across the country. Yet the NAR has not bothered to even respond. In fact, not many real estate agents even want to talk about this.

When are Realtors going to learn. Your image is damaged. The consumers don’t trust you. Your prestige and credibility are both at all time lows. Instead of spending millions of dollars on frivolous “dead on arrival” advertising campaigns, perhaps it should really seek to implement a campaign that seeks to instill consumer confidence.

The image of some is hurting the pocketbooks of many. Why aren’t the rank and file Realtors taking a stand and policing from within? Instead we get incidents like this that further cast a stain on the real estate profession.

That is not meant to be an inflammatory statement whatsoever. It’s a direct question. I don’t want to presume anything but in reading so much of what is on real estate agent focused blogs, one has to wonder if that is really the case.

Many of our readers know that we operate a real estate investment company. We would not be in the real estate investing business if were not to generate revenue and retain substantial profits therefrom. Our business is real estate investing, our radio show is a marketing and advertising platform associated therewith.

When we look at a deal it has a very antiseptic feel. We operate under a very simple premise. Do the numbers make sense. There are very little if any other variables to consider. If a deal appears profitable to us, then more than likely we will greenlight it and look to engage the transaction and work a very profitable deal from acquisition to disposal. There is no reason at all, not a single reason to be involved in a transaction that is not profitable.

However, from the perspective of most agents, it appears that earning a profit (commission) is a crapshoot at best. We have heard from many agents who tell us that nearly 8 out of 10 listings in the current state of the real estate market go unsold. Top agents seem to only be successful in earning a profit only 40% of the time. Your results may vary, but nonetheless, we have been told that the expectation of earning a profit on every transaction is absurd? Wow..really? Great business model you have there…not!

So the question that I pose in the title of this article is aptly stated. Why would anyone want to be involved in a business wherein on average, they can only be expected to earn an income that is just above the poverty level in the first few years and not all that great beyond?

Of course there are exceptions and there are some mega agents out there like Craig Proctor and others who do over 300-500 sides per year, but those agents are seriously few and far between.

Well one reason some agents stay in the business is that with the proper training, and the right direction there is a chance that they can indeed reach a level of success like the mega producer’s in the industry.

Yeah right…and I want to be like Mike too! Here’s the deal. No matter how hard I train, no matter who my coaches are, I simply don’t have the skills to be a Michael Jordan. That would be quite harmful to my ego if it weren’t for the fact that there aren’t many people walking the planet that will ever be as good as Michael Jordan.

There are many online communities in the online real estate world. Some are very good at what they do. However one of the common denominators that I find lacking in many of the sites that I go to is the direct focus and attention to earning a profit. While I am absolutely sure that there are many real estate agents that want to know how to blog and effectively utilize SEO strategies, and while I am also sure that there are many agents in the Country that want to learn how to knock on doors and be shown how to use Twitter and Facebook, I am equally sure that most agents, real estate investors and even some consumers, want to know how to make money in real estate.

I have to admit, some of our focus was misdirected and we got caught up in the whole RE.net real estate blogosphere water cooler chatter, but beginning today, we’re going right back to our main focus of showing you, our valued reader, how you can profit in today’s real estate market.

Of course we’ll continue to cover news and current events in real estate but our focus here on Real Estate Radio USA is not going to be about what font to use, or what PHP code to write, or how to use Twitter or Facebook. We are going to be all about making money.

We’re talking hard-core in your face wealth building strategies for anyone who wants to profit in today’s real estate market. We have come to learn that our audience is not the current fold of real estate bloggers. We have researched and realized that our main core audience is comprised of agents, real estate investors and individuals who want to make money in real estate and are prepared to take the steps necessary to do so.

We have assembled, and will continue to assemble, a panel of real estate investing and general business experts that you will not find on any other real estate blog or website..anywhere. We don’t want to discuss the posts of others nor are we going to be interested in their commentary. If you come here or listen to our show it’s going to be about making money.

I can already here some now. “All they care about is making money”, “They don’t understand it’s about relationships”, and my favorite..”they’re not agents so they don’t understand”. Well, they’re right! We aren’t agents and we are unashamedly interested in earning a profit in our chosen profession. If I wanted to be a charity I would have formed a non-profit organization.

The problem some will have is that it seems we came to a rather abrupt decision when in fact that is not the case at all. We did not make this decision. Our readers and listeners, through many emails and calls, have told us to stop the inane blog coverage, get away from the “Dear Abbyish” mentality and give them the information, tools and strategies to make money in the real estate business. So we’ve listened.

We’ve added some of the best business and real estate investment minds in the Country to post articles and be wealth building contributors here and to be guests on our show to tell you how to make money.

All of the tips, strategies and methodology behind what you will hear is completely legal, absolutely ethical and assuredly proven to make you money. If you wan to know how to survive and prosper in this business, listen and read as much as you can on Real Estate Radio USA. If you want the inside scoop on the real estate blogosphere, then you’ll have to go elsewhere.

There are over 1 million real estate agents and I truly feel that there aren’t more than a couple hundred serious real estate bloggers. That means there are a ton of real estate agents in the business who simply want to know how to make money and the quest for the “great post” just doesn’t make it for them.

We’ll do our best to show you how to profit in today’s real estate market. Whether you’re an agent, investor, or consumer, we welcome the opportunity to assist you in your profit making endeavors.

I welcome you to enjoy, participate and contribute to the revolution.

Over at Agentgenius there has been some discussion lately about the rumor that Buyside Realty has gone out of business. The thought that this was reality brought cheers from the AG faithful.

As you peruse the article and comments you realize that the prospect of Buyside going out of business was taken by some to underscore the belief that Buyside’s failure was “predictable” and expected because their business model was flawed.

In fact one commenter proffered an opinion that Buyside’s failure was direct proof that the business model did not work.

Bob Wilson, of McConnin & Company Realty in San Diego, California stated that Buyside’s failure “has more to do with the death of the business model than the business”.

Many tended to agree with Wilson, Eric Blackwell, an agent with ReMax in Louisville, Kentucky said he “certainly does not have a problem with anyone smiling that their business model triumphed over an alternative.”

Hmmm….so I wondered. If that logic is correct, then what about the ongoing and continuing failure of hundreds of thousands of agents and brokers using the conventional real estate business model.

Surely if Buyside’s failure can be seen as an indication of a flawed business model, then of course that rationale should be applied throughout the real estate industry. So I am left to wonder what the numbers look like in comparison.

How many alternative business model real estate firms have gone out of business this year relative to how many conventional real estate offices have met their untimely demise. The NAR does not seem to publish those numbers.

However I think even the most ardent NAR supporter would have to stipulate to the fact that the proportion of failed real estate agents and brokerages is heavily tilted in favor of the large pile of carnage and waste on the conventional business model side rather than on the alternative real estate business model side of the aisle. In fact the numbers can’t even be close.

Top Producing Realtor, Russell Shaw said “The number of individual agents going out of business will be in the hundreds of thousands. And that is a death roll you have been announcing from the time you arrived. I don’t dispute it. Well over half of all agents either sell nothing or so little as to make them completely non-viable. About a third – in any given year, even in “good times” – sell nothing.

So I wonder as we approach the 4th of July holiday weekend if a few cold ones will be hoisted trumpeting the farewell of Buyside Realty. But while you’re at it…..

Raise a toast for the newest casualty to meet their real estate maker.

It has been announced that Prudential California Realty is closing its main office in San Rafael, California, along with 2 of its satellite offices.

The Pleasanton, California-based real estate company will however open a triage center and keep its Sausalito, California office open, and some agents will operate from there – at least temporarily.

The company announced that with the slowdown in home sales, it has decided to exit the business in these areas.

“Rather than holding on to these offices and waiting for them to turn around, we decided to leave,” said Cathy Harrington, director of marketing.

Funny thing that when the “fit hits the shan” that it’s the marketing people who have to come out and face the music.

But wait..it gets better. It seems that Prudential is not alone in the recent rush to chuck it all.

Prudential is but one of several real estate companies that have closed or consolidated in the area. In May, Avalar Real Estate closed its Novato, California office and Coldwell Banker closed its office there as well.

Guess those two old guys on the paintings didn’t see that coming!

So as in the fall of Buyside Realty, this must be a clear statement that the conventional real estate business model doesn’t work anymore…right?

Levi Swift, president of the area Realtors association, said the slowdown in sales is due to the credit crunch and failure of the subprime market.

“The subprime market has come home to roost with a vengeance,” Swift said. He called the current situation a constriction of the industry that is forcing out agents who are new or dabble in the business part time. Swift said many of the agents who have gotten real estate licenses in recent years were taking advantage of a booming market.

“I would call them opportunistic real estate licensees,” Swift said. I’d call them something else..but that’s another post altogether.

Oh, so it’s the subprime crisis and opportunistic part-timers and newbies who didn’t know what they were doing that has caused this problem. Silly me for trying to use the rationale that was pronounced on Agentgenius. I thought that what was good for the goose would be great for the gander.

So let me get this straight so as not to confuse any of our readers.

Buyside goes out of business, presumably, and it’s because their business model was flawed. However Prudential and hundreds of thousands of other agents who utilized a conventional real estate business model are going out of business because of the subprime crisis and because newbies did not know what they were doing.

Ok, no problem, now I understand clearly. I was obviously being obtuse. Shame on me.

Maybe that’s why I am not an agent genius.

In what is now becoming an unfortunate, all too common occurence, another real estate agent has been assaulted.

In Lake Whitney, Texas a local real estate agent went on an appointment to list a home. She was meeting a man who identified himself as the person responsible for disposing of his late parents’ home. The agent, upon meeting the man at the home, was kidnapped, tied up, blindfolded and taken to the man’s home where he sexually assaulted her and called her relatives to demand a ransom for her safe return.

The Bosque County, Texas Sheriff’s Department, with the assistance of a helicopter from another nearby county spotted the agent’s car parked in the driveway of the home she where she had the listing appointment, but could not find any trace of the woman at that residence.

Responding to a call to the McLennan County, Texas Sheriff’s Department, deputies found the woman at a residence three blocks from where she was abducted. She was taken to a Waco, Texas hospital and was treated and released.

The suspect reportedly had stolen his roommate’s pickup truck and was spotted a short time later and was arrested and taken into custody.

Forty-four-year-old Timothy Maurice Smith of Morgan, Texas is charged with aggravated kidnapping, aggravated sexual assault and unauthorized use of a motor vehicle and is being held in lieu of $120,000 bond.

Real estate agents need to be very careful in hosting open houses, visiting vacant properties and meeting men without an associate present.

Your safety and security should not be taken lightly. As we have seen lately in the news, it can happen to you if you are not careful and prepared.

There has been such an uproar lately in the blogging community that I felt compelled to take a look. Rather than get involved in all of the hype, anger and hysteria surrounding the now pending case.

I thought it prudent to look past all of the shouting, finger pointing, accusations, and innuendo surrounding this matter and go straight to the lawsuit.All of the blog war fodder leading up to the lawsuit is typical blogosphere inanity involving individuals who should have thought better before taking fingers to keyboards. Many of us have been involved in online disagreements and as I have heard many times before, “having an argument over the Internet is like competing in the Special Olympics.Whether you win or lose… your still a ____” … well you fill in the blank. Let’s just say you’re still special.

So, that leads us to that place where no one hopes to end up. That place where there is likely to be no winner and only losers and enriched attorneys. The courtroom.

If you have not taken a good look at the actual lawsuit that was filed, you may want to BEFORE weighing in. As I read many a post surrounding this I wondered how so much furor could be caused BEFORE a lawsuit was filed. I also wondered why? Why would so many people take the time and effort to speak out publicly about something they did not have any idea about.

Now, looking at what was written and what the lawsuit is actually about I find it hard to understand why so many would put themselves in harm way. As a group, Realtors are collectively some of the most liability fearing freaks on the planet.

“Don’t say this..it’s illegal..don’t do this ..it’s illegal“..I hear it all of the time. Just last week someone gave me their opinion as to how I can structure an MLS listing telling prospective buyers to use my title company. I read and hear so often about not discussing commission splits aloud and how the Realtor board gods may descend and wreak havoc for such statements. I have even heard many about this one or that one practicing law without a license for advising another as to contract clauses.

Yet, despite this fear of the obvious, many have chosen to become Johnny Cochran wannabe’s and have jumped behind a legal imbroglio without having any idea of what they were talking about. Amazing.

Why is it that those who blog feel they are beyond reproach and that there interpretation of the Free Speech doctrine protects them? Oh yeah..I forgot..more Johnny Cochran wannabe legal analysis.

For all of the inanity that takes place in the re.net by those who continue to rely upon the belief that they are protected by Free Speech covenants, let me ask you a question. How’s that working out right now for Vlad? At this point, whether he is on the favorable end of adjudication or not, it’s going to be a costly and time consuming experience.

I have heard one blogger say that they doubt that “it will ever see the inside of a courtroom”. So! Ever ride in a New York City taxi coming from LaGuardia into Manhattan at rush hour? What may look on paper as a short and painless ride, can end up costing you a small fortune. Even if this case never goes to court, if the Plaintiff is any kind of guy like many say he is, then this could go on for a year or more and all the while the meter keeps running.

There’s a fund being put in place to help Vlad with his legal expenses. It’s going to have to be successful…real successful!

So if you have not had a chance to review the lawsuit, well, here is what the Plaintiff in the lawsuit, Brabus Ventures Corporation is alleging:

1. Plaintiff in this case is a California corporation qualified to do business in the State of California.

2. Plaintiff is suing the Defendant for damages in excess of $25,000.00

3. Plaintiff claims jurisdiction is in the State of California

4. Plaintiff alleges “loss of earning capacity” and “damage to business reputation”

5. The Plaintiff is seeking punitive and compensatory damages

6. Plaintiff claims that Defendant intentionally and wilfully caused damage to the Plaintiff by the following acts or omissions of acts:

a. Plaintiff claims that the Defendant published on his website statements that identified the Plaintiff as the person(s) responsible for an anonymous posting on the Internet declaring the Defendant as a child molester

b. Plaintiff asserts that the Defendant had absolutely no proof or reasonable information that the Plaintiff was responsible for said post identifying the Defendant as a child molester

c. Plaintiff states that the Defendant’s actions in naming the Plaintiff as the offending party responsible for posting the “child molester post” were intentional and with the intention of causing the Plaintiff direct financial harm and was knowingly false

d. Plaintiff states that the Defendant’s action caused those who read the post to think negatively of the Plaintiff

e. Plaintiff states that the Defendant’s accusation of the Plaintiff as the person(s) responsible for the “child molester” post is false

f. Plaintiff states that the The Defendant’s published accusation of the Plaintiff is libelous “on its face”.

g. Plaintiff states that the Defendant exposed the Plaintiff to “ridicule, hatred, disdain and contempt” as it accuses the Plaintiff for taking retribution against a former business associate to cast a negative image to influence present and future customers.

7. As a result of this, the Plaintiff alleges that this action by the Defendant has caused ill-will and damage to the brand and business of the Plaintiff.

8. The lawsuit alleges that the Defendant acted with malice aforethought and accordingly pursuant to California Civil Code 3294, they are entitled to an award of damages if they prevail.

Now that being the case, none of us were involved in the business dealings by and between the Defendant and the Plaintiff. Despite what many of us may think has led to this point, and despite what many of us may think as to who posted the “child molester” post, it does not matter.

Like some others, I have read the offending post and I did not see anywhere that the Defendant directly pointed the finger directly at the Plaintiff therein accusing the Plaintiff of writing or posting the “child molester post”. The Plaintiff obviously asserts this but in their complaint, the evidence thereof, named Exhibit “A”, is not attached and as such there can seemingly be no definitive evidence that the Defendant did as the Plaintiff alleges.

Since that is what the lawsuit alleges as the reason for bringing the lawsuit, and is only what the lawsuit alleges, they are going to have to prove that the Defendant actually did unequivocally state that they wrote the offending post, or convince the judge or jury through a preponderance of the proffered evidence that the Defendant has indeed tarnished their business image by the inference that the Plaintiff wrote the “child molester post”.

Where is this Exhibit “A”? Was it intentionally left out? Does the Defendant have a copy? Was the post really there and then later scrubbed? I’d like to see the Exhibit “A”…anyone have a copy?

Another problem with the loose lips in the re.net is that all of the conjecture surrounding this case, all of the trademark infringements, all of the many, many blog postings calling the Plaintiff “e-jerks” and such, could actually work to SUPPORT the Plaintiff’s case. Free Speech does not cover or protect defamation.

I understand that many of those in the real estate blogosphere are rushing to the Defendant’s aid and many of you have the right intentions as to what you believe you are doing, but your actions may well end up being detrimental to the Defendant’s cause and it could make the case quite easy for the Plaintiff if this mythical Exhibit “A” says what they say it does.

While the truth is the absolute defense for a libelous action, many in the blogosphere are looking at the “David v. Goliath” aspect of this matter and not looking at what is before the Court.

I am not a fan of eperks, After seeing all of this I doubt I would ever do business with them. I don’t need the hassle and don’t want to end up in a lawsuit with a maniacal CEO. In fact before this began, I had never even heard of e-perks. However, now, without ever seeing anything about them, I must admit I am prejudiced because what I have read and heard by many of you in the re.net.

 Uh Oh….isn’t that exactly what the Plaintiff alleges? That people who don’t even know them are now prejudiced by the witch-hunt that enveloped the blogosphere the last couple of weeks or so?

I understand everyone means well, but we are not attorney’s. (unless of course, you are) Widgets and blog postings and all the uproar is fine…but it’s not the way to handle this kind of thing. Without truly knowing what you are talking about it can only serve to make matters worse.

If you want to help the Defendant, someone needs to find out who wrote that post. With all of the technologically inclined people in the real estate blogosphere and with all of the people that they know and have in their sphere of influence are you telling me somebody somewhere can’t find out where the EXACT origin of that post came from? Are we not technologically capable of doing an “IP forensic” on that seriously offending post?

I am sure if someone intimated that they wanted to kill the President or blow up the White House” the guys in black suits and shades would be on you pretty quick. So we all know the technology is there. So who killed J.R.? Who wrote the “child molester post”.

It seems that unless the Defendant can prove that the Plaintiff wrote it, he is going to have quite the problem. That is not to say that the Plaintiff will prevail. I am not saying that and I am not a lawyer nor do I have the proverbial “crystal ball”. however if..and I do mean if the smoking gun is out there and is the document labeled “Exhibit “A” it will be quite damning and be irrefutable evidence against the Defendant. Let’s just say that if Exhibit “A” is what the Plaintiff says it is that it ain’t looking good for the Defendant.

On the other hand, if there is no smoking gun and the Plaintiff is going to try and make a case based upon inference, then it may not be as dark of a day for the Defendant. In any event, it’s still going to be a lot of time and money defending the suit.

So, as I have yet to meet the Defendant and as there is a movement to support him as the little guy doing battle against the big bad Ben guy who seems from what some say is quite the tyrant (uh-oh..sorry Vlad…another bad thing I think about the Plaintiff based upon what somebody else wrote), what I can offer to Vlad in support is quite simple.

Vlad, get a really good attorney, do what he says, and only what he says, and hope to God that your “friends” have not made it worse for you. Also in support of Vlad, if you in the re.net truly want to support him..STOP WRITING DISPARAGING THINGS ABOUT THE PLAINTIFF!!

You are giving the other side the type of information it needs. Some of you may also end up on the other end of subpoena’s and depositions. I am sure that I can hear the bravado already. Save it for someone who will listen. No one WANTS to be involved in a lawsuit. Aren’t you supposed to be selling real estate? What in the Sam Hill are you doing?

You guys want to help Vlad? Well right now you have basically two ways to help.

1. Give to his legal defense fund. What are friends for. Besides you may have unwittingly helped the Plaintiff so it’s the least you can do.

or

2. Find out by using your sources just who wrote that silly “child molester post”.

Oh, well there is one third way you can help…leave it alone. stop talking about it, stop writing about it and let the lawyers do their jobs.

There’s a buyer out there looking for a home. Go sell one of your listings and if you need your legal fix tonight, watch Law and Order!

Vlad, I wish you well!. I am sorry that you are involved in this mess and if there is any reason to file a counter-claim I would do it right away and turn the tables on your nemesis. We would love to have you on our show and if your attorney allows it I’d love to speak with you directly to get the facts as to what is going on.

There are a ton of people behind you. I don’t know if they can be of any help to you in such a cross-complaint but if they can I bet they would testify on your behalf in a heartbeat.

Good Luck and look on the bright side. Your blog is getting tons of traffic and we’ll all be waiting for the e-book!

You know Big Daddy Kane had it right. Pimpin Ain’t Easy. But when you have the kind of money Eliot Spitzer has it ain’t all that hard either. From Ashley Dupre to Countrywide, Spitzer has found a new way to get his jollies and this time he’s not the one screwing somebody. He’s most assuredly realized it’s much more profitable being the pimp.

It seems that we can now count Eliot Spitzer among the ranks of investors who see this market like Tony Montana saw Miami in Scarface. If you saw the movie you’ll remember the line, if you didn’t it was a classic and how appropriate it is. This market, and in many real estate markets across the country are truly looking “virginial” and quite ripe for the proverbial taking.

Spitzer, fresh from his recent sex scandal wherein he did not seek bargain sex, is treating his business assets with much less scrutiny than he did his bedroom assets. Probably because his business assets are going to make him money instead of the other way around.

I guess Spitzer has realized it’s better to be paid $5,000.00 per hour than be the person paying $5,000.00 per hour. You know what? He’s right!

The Wall Street Journal is reporting that Sptizer is contemplating a business venture wherein he will start an opportunity fund (vulture fund) to purchase bank REO’s and other distressed properties in bulk across the country, and then in true pimp fashion turn those ho’s out…I mean flip the properties for profit.

The best part of all, like a true pimp, Spitzer may not even have to put up any money to launch his business. In true Robert Allen fashion, Spitzer may be looking to do this with no-money down.

In May, the former Governor of the State of New York held court over a meeting with a ”group of high-level Washington, D.C.-based labor union officials” at a meeting room at the headquarters of his father’s real estate business in New York City and hatched his plan for pimpin’ some serious real estate.

Spitzer has said that Europeans have been “especially supportive of him and perplexed by the fallout from the scandal.” It’s amazing what a great exchange rate can allow you to overlook.

If anyone knows a way to get the most out of his assets it may be Spitzer. After leaving the governor’s office in Albany he has been conducting business from his new office in a building owned by his father, at 730 Fifth Ave., an office building he shares with another sex trade business, Playboy Enterprises. It’s good to be the king , isn’t it?

Spitzer, like many high profile investors sees the immense opportunity created by what has become known as the “sub-prime crisis”. While many Realtors remain untrained and reluctant to understand the true fire sale that is going on with these lenders, guys like Spitzer and Jamie Dimon are eating this up big time.

Yes, I realize these guys are in another stratosphere but when you see people buying huge tranches of property for pennies on the dollar don’t you think you might be wrong with th whole reaction to a perceived “low-ball” offer.

Get in the game people! You should be pimpin these banks out hard and showing them they need to take the offers presented and you need to understand that they are willing to do so.

I don’t expect you to try and raise $500 Million bucks from a pension fund like spitzer is doing, but you are truly missing out not claiming your corner of opportunity in this ho’s marketplace.

C’mon people, Jamie Dimon knows it, Eliot Spitzer knows it, the Blackstone Group knows it, the Carlyle Group knows it, and of course, Tony Montana knew it. This town is just waiting to be taken and ravaged. Someone is going to do it, why not take advantage of the opportunities these foreclosures present and proclaim…The World Is Mine!”

Pimpin ain’t easy by a long shot, but it would be a whole lot easier if real estate agents realized their part in the game. There’s a lot of “johns”  buyers out there. They’re just looking for a little tenderness, that’s all.