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Is Your Real Estate Blogging in Violation of State Law?

The new mania in real estate on the Internet these days is social media, WordPress, and Blogging. The real estate industry is all abuzz and euphoric about this, and we’ve embraced it as the new panacea for real estate marketing! As a result of this wide acceptance we now have technology camps, conferences, seminars and conventions extolling the virtues of Blogging, and freely exchange thoughts, and technical ideas on the subject in all our trade magazines and conventions, and why shouldn’t we?

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The new media can seamlessly market or products and services like never before! This new technology is taking our careers and companies cost effectively to new levels. It affords us an opportunity to instantly offer our real estate listings, real estate, and tout our real estate services to the public around the world, replacing costly ineffective print ads, classified, and magazines. Online Blogging and Internet marketing is totally viral and can reach the world in seconds via a Word Press Blog and RSS feeds, and it is global in reach working 24 hours a day, 7 days a week and every day of the year. Impressive isn’t it?

The reason why online marketing is so popular to consumers and real estate agents is that the information that we can provide really isn’t limited as it was in print media. Blogs, websites or portals include much more detailed property information than ever before. It is a big tool to be used carefully. Think about it. Years ago an expensive 3 line classified ad in black and white newspaper print was posted in the newspaper and had a shelf life of one day.

Today we have so much more. Consumers have instant property information about property taxes, maps, interior and exterior home photos, videos, podcasts, PDF flyers, brochures, plats and even maps to the home. They can send a link to their friend’s relatives or co-workers to share their find. The message can be picked up on someone’s iPad, smart phone, PC, tablet or laptop in seconds, even if the message is sent to the other side of the world. Amazing isn’t it? What we share virally will have a plethora of information – maybe even some personal information and complete access to addresses. This is good news if it is still your listing.

Unlike print media, newspaper classifieds, real estate books, and radio or TV ads, blogging does not have a shelf life. What happens to all that online marketing when the home sells, another real estate agent takes the listing, or the home comes off the market via a withdrawn or as an expired listing? What happens when a home sells, and buyers keep showing up at the front door of the homes bothering the new homeowners? We must ask ourselves, “Can all that information stay on the Internet indefinitely?” The answer is “No!”

In most states the only way we can advertise a listing is when we have a contract with the seller to do so. Once the listing agreement expires, or the property is sold…we no longer have the right as licensed real estate agents to leave all that marketing online. It is now a violation of license law if we do so. We must not lose site of the fact that Blogging, websites, and all the new online media we use is still advertising, and as we are licensed real estate in our own jurisdictions, we must comply with all state real estate license laws. Basically, if it is not our listing we cannot advertise it. A stale outdated Blog that offers homes for sale that has already sold or is not longer your listing is a violation of law. You and your broker can be in big trouble!

It would be prudent for real estate organizations in their conferences and seminars on the new technologies to include discussions such as this in their agenda. We must understand the ethics and the law in all our marketing efforts. There is more to Blogging and social media than the technical side of implementation, inclusion of gadgets and widgets and the fellowship these groups create. Our livelihoods and reputations are at stake!

Advertising and marketing real estate includes the compliance to State real estate license laws, and to advertising rules and regulations. Our first line of defense is our own personal accountability to do the right thing, and we need broker supervision though pro-active social media office policies that lay out the specifics.

Published: May 30, 2011

Use of this article without permission is a violation of federal copyright laws.


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Jim Crawford, ABR, e-PRO 500 is currently licensed as a Broker Associate with RE/MAX Paramount Properties in Atlanta Georgia, and as a Broker Associate with Prudential PenFed Realty Fairfax Virginia.

Jim and his wife Ellen work as a husband and wife team in the northern Atlanta suburbs, and have recently expanded their web business to Northern Virginia and Maryland. As the team's rainmaker, Jim is a self-taught webmaster and designer, and he relies exclusively on the Internet for marketing.

He is considered an expert on marketing, nationwide relocation, cutting edge technology, Search Engine Optimization (SEO) for real estate, and Internet marketing. Jim's seminars, online contributions, and technology ideas assist real estate agents to maximize their business results, and raise the industry's professional service level skills. His common sense marketing ideas have been published and quoted regularly in trade publications.

He has also consulted and advised NAR offices regarding Internet issues, and Internet ethics for Realtors. In between sales, Jim is a popular speaker at national and regional real estate seminars, REBAR Camps, Blogging seminars and retreats. Jim is a major proponent and advocate of online ethics and the development of social media policies.

He is also an online real estate coach, with a self-tutorial coaching site for real estate professionals for webs and Blogging.

Jim was a featured speaker at the November 2004 National Association of REALTORS® convention in Orlando, and has spoken at the several REALTORS® conventions both in the United States and Canada.

Visit his website at RealEstateTechCoach.com, or e-mail him at .




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