Attempted Censorship or misguided public official?

Real estate assessments - high and low - bring about emotional responses. Local government, and government in general, have an insatiable need for our money. Sometimes, as in this case, the responses are from the public officials charged with assessing property.

I would however request that you immediately remove all inappropriate and misleading information related to the Office of the County Assessor, real property taxes, and the assessment process in Loudoun County from your web site.

Properties are assessed on an annual basis. We get that. Local governments depend on property taxes for the bulk of their budgets. Next year we all - homeowners and governments likely will be dealing with less income.

Maybe this is more chilling because it comes from a public official. This post at real/diaBlog (unfortunately they have deleted part of the post), based in Loudoun County ruffled the feathers of a Loudoun County official who emailed the author demanding that he remove parts of the the post, “or else.”

Coincidentally, I wrote a very similar post earlier this month that generated an off-line conversation that led to the posted clarification. For that clarification, I am grateful, and the post was much better and more informative because of it.

There’s a right way and a wrong way to address disputes.

Making unfounded accusations and distorting others’ words qualifies as the “wrong way.” At no point in any of the emails from Todd Kaufman the Loudoun County Assessor, does he identify exactly what part of the post he found to be “erroneous and misleading.”

This situation goes beyond real estate and real estate assessments and into the realm of trying to squash free speech and open public discourse.

Might (real estate) bloggers be considered journalists?

The Free Flow of Information Act says we might:

(2) COVERED PERSON- The term `covered person’ means a person who is engaged in journalism and includes a supervisor, employer, parent, subsidiary, or affiliate of such person.

(3) DOCUMENT- The term `document’ means writings, recordings, and photographs, as those terms are defined by rule 1001 of the Federal Rules of Evidence (28 U.S.C. App.).
…
(5) JOURNALISM- The term `journalism’ means the regular gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

Matthew says:

I wish this agent the best of luck and hope that it works out.  Trying to keep the County Officials in check via a blog is like sticking your finger in a bee’s nest!

I’d argue that trying to keep public officials in check is our shared responsibility and obligation.

Realtors are held to a higher standard due to our shared Code of Ethics; public officials are supposed to be held to a higher standard as well.

This seems to me to be an egregious attempt to control a conversation.  If a clarification or retraction is in order, so be it - ask for that, rather than attempt to intimidate the writer.

As I am nowhere near being an attorney, would the County Assessor’s emails be subject to a Freedom of Information Act request?

Today, Danilo’s broker stands her ground.

I think this story may lead to a much larger discussion about freedom of speech, the NAR Code of Ethics and how they relate to blogs, Broker oversight and just what a Realtor may be permitted to write. If real estate blogs transcend real estate, politics and self promotion - who regulates them if not the laws regarding journalism? Should (real estate) bloggers have to choose between being Realtors or journalists?

More at Bloodhound and 4Realz.

Update 31 December 2007: Bacon’s Rebellion picked up the story, thanks to Ben.

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December 29, 2007 | Filed Under Blogroll, Politics | 6 Comments 

Steering buyers’ agents

Rarely does a story infuriate me, insult a profession and reinforce what I have already concluded. This story (not yet online) in the Daily Progress does all three. In a presumably-paid-for-piece in the “Business Journal” section of the DP a local Realtor says:

“The commissions offered in a buyer’s market to participating agents are very important. … When there are fewer buyers, agents have to maximize revenue out of each buyer. It makes sense to direct clients to those houses paying the highest commission.”

Beware of Realtors seeking to “maximize revenue out of each buyer.” Is directing a client to a house with a higher commission, solely because a higher commission is being offered, unethical? Is this true representation?

Placing the higher commission ahead of the buyer’s best interests devalues the actions of the Realtor and the profession.  Is it a sad statement on the reality of our profession? This quoted sentiment may be applicable to some Realtors, but I would argue that it’s not for most of the good Realtors in the Charlottesville area.

Here are two questions for real estate consumers to ask -

1. If you’re a buyer interviewing buyer’s agents - What is your commission? (Are they dependent on whatever the seller is “offering”?)
1b.  Will you show me everything or only the properties that are offering the highest commission?
1c. - Do you get a higher commission if you sell one of your company’s listings?

- How many buyers are even told anything about co-brokerage other than “don’t worry, the seller pays the commission.”?

2. If you are interviewing Realtors who are competing for your listing - What percentage of your company’s transactions close via Dual Agency? (note: in my company, we practiced Dual Agency about 8.5% of the time in the same time period - which is still too high in my opinion, and I haven’t done it yet).

As a buying or selling client - do you really think you are getting 100% representation from your contracted representative if your agent is “representing” both parties?

Earlier this year I wrote A Call for and End to Cooperative Compensation. “Marketing” may become less of Realtors’ core competencies and “Representation” of clients’ interests will take on far more importance as housing data becomes more transparent to Realtors and the public.

Anybody can “find” a home for you; it takes a skilled and competent Realtor to represent you.

Update: I changed the third sentence- “In a presumably-paid-for-piece in the “Business Journal” section of the DP a local Realtor who heads a fee-for-service company says” because the fee-for-service part is irrelevant.

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July 10, 2007 | Filed Under Blogroll, Sellers | 3 Comments