All Forum Posts by: Patrick Connell

@Wayne Brooks we could probably show the same statue, or any statute, to 10 different lawyers and get 4-5 different opinions on the matter.

I'm simply providing it as a warning to those who it may affect. If they choose to interpret it as you do and end up in front of a judge someday, then we will know the answer, possibly.

Any Texas Brokers or RE Educators have an opinion on it?

@Matt Devincenzo I don't disagree with you.

However, after some personal conversations with the presenter, knowledge of her background, and some other factors, I trust her when she says she's had at length conversations with TREC Legal who interprets it a different way and inserted it into the code for that specific reason.

Also, this is just how you're suppose to do things. If someone doesn't and they never have an issue, then no one will ever know. But that one time....!

I think this is part of it.

It's very much about consumer protection. I realize there may be some differences of opinion on represented sellers, but no one can argue the potential for predatory purchasing on a FSBO property.

The instructor is well connected and has been around for a long time, I trust the information when she says she's gotten it directly from TREC Legal Counsel.

Also, you have to remember that a judge will sometimes look at the intent of the law versus how it's specifically written. Of course, they'll also rule on feelings sometimes LOL.

Additionally, the broader category that the Rule falls under is Licensee Responsibilities.

Austin, starting May 1.

A piece of a newsletter sent out a month ago from ABOR:

"Last week, the ABoR Board of Directors voted to return decisions regarding listings syndication to brokers by agreeing to terminate ABoR’s relationship with ListHub after April 30, 2014, and stated its intention to cease facilitating the syndication of members’ listing data to non-REALTOR® consumer websites. After April 30, 2014, brokers will choose independently whether to provide data to non-REALTOR® consumer websites on a case-by-case basis as dictated by clients’ and agents’ best interests."

Solid Strategy.

John,

Bryan wasn't referencing individual agents, what he meant by "MLS's" is the individual REALTOR Boards and managing MLS companies. For example, in Austin, I am about to lose the ability to even select whether or not I want to syndicate the listing. This has nothing to do with the individual agents and has everything to do with the MLS System disallowing syndication.

Also, the most important part of doing comparables is the price the property sold for. This data has never, to my knowledge, been syndicated to the other companies, only the initial listings. That's one of the reasons they're horrible for comps because they do a lot of guessing or using unreliable databases; i.e. tax rolls.

Wayne,

I posted the TREC Rule as it's written, not my interpretation; here's a link for your review TREC Rules.

It has nothing to do with representing anyone. The rule is written to protect consumers, whether they are represented by an agent or not. Obviously if it was listed by an agent you wouldn't have contact, but what about FSBO or properties you acquire through Direct mail? The best solution I can think of is to just attach it to your offer when you send it over.

Now, I don't necessarily agree with the rule, but it is what it is.

Yes, blindly indeed LOL. Unfortunately, it's the "knowledgeable" ones that give us a bad name most of the time :-)