TheREALTYgram Blogger

Hack Moderators at ABC Should be Ashamed!

If you missed the Democratic presidential debate on ABC last night, Editor & Publisher called it "perhaps the most embarrassing performance by the media in a major presidential debate in years."

I Twittered the debate proceedings yesterday (Twitter is a microblogging platform: http://www.Twitter.com/FrancesFlynnTho

Moderators George Stephanopolous and Charlie Gibson spent the first 50 minutes obsessed with distractions that only political insiders care about--gaffes, polling numbers, the stale Rev. Wright story, and the old-news Bosnia story. And, channelling Karl Rove, they directed a video question to Barack Obama asking if he loves the American flag or not. Seriously!

I just signed a petition to ABC and other media that says: "Debate moderators abuse the public trust every time they ask trivial questions about gaffes and 'gotchas' that only political insiders care about. Enough with the distractions--ABC and other networks must focus on issues that affect people's daily lives."

Want to sign it to? We need a bunch of signers for ABC to take this concern seriously.
Click here to sign.

Thanks!

Craig Newmark Weighs In On ObamaAt Inman Real Estate Connect Confab

Craig Newmark is sporting a new Obama lapel pin at the Inman Real Estate Connect Conference in New York City. He waxed melancholy about the days when there was a rule of law and Bill of Rights in the United States. Some of us are old enough to remember those days.

I Found a New Political PartyAnd Craig is the Perfect Candidate for President in 2008!

I was surfing the links tonight as I wrote a review for the RealTown Blog of the Day when I uncovered a new open source political party in Boston! There's only one candidate who comes to mind who fits the bill ...

Maybe If I Can Master An Artful Demi-PliéI Can Call Myself A Real Estate 'Consultant'

I am getting ready to take a class in real estate consultancy. There is growing consumer demand for real estate services that are "unbundled" and consultancy is clearly an option that we need to review and develop as a business model. There's only one small problem. In Pennsylvania it is ILLEGAL for a real estate agent who is not a broker to use the dirty "C" word. Seems the PA State Real Estate Commission says real estate consultancy is an "art", according to attorney Ray J. Michalowski, Esq:

"The Commission recently ruled on whether licensed real estate salespersons may refer to themselves as real estate 'consultants' in an advertisement. Although there is little doubt that salespersons routinely provide services to their clients that constitute 'consulting' as that word is defined in plain English, the Commission has held that 'consultant' is a term of art in real estate and may only be used by licensed real estate brokers.

"The Commission’s view is based on the definition of 'Broker' found in the Real Estate Licensing and Registration Act (RELRA), which defines a 'Broker' as someone who 'represents himself to be a real estate consultant, counselor, agent or finder.' An important question is raised by this definition; does this also mean that salespersons can no longer refer to themselves as 'agents'?

"Don’t panic, because while the terms 'consultant,' 'counselor' and 'finder' are off limits for salesperson advertising, the term agent is probably still safe to use.

"This is because the definition of 'Broker' is repeated in the Commission’s regulations and contains a minor, but significant difference stating that a 'Broker' is someone who 'represents himself or itself as a real estate consultant, counsellor or finder.' The word “agent” is absent from this version of the definition of “Broker”. In addition, the common use of the term “agent” to identify both brokers and salespersons in the real estate industry, and if fact throughout RELRA itself, make it very unlikely that any salespersons will be prosecuted for calling themselves 'agents'."

Well, it's resassuring to know we're not headed to the hoosegow if we call ourselves agents!

RealTalkers Cross The Cyber DivideFor An In-Person Talk About Agency

Mr. Tom Early. A leading rabble rouser in the real estate industry. In person. In the flesh. 

One of the treats of attending the NAREE conference in Charlotte was having the chance to meet Tom Early, Master CEBA president of the National Assn. of Exclusive Buyer Agents, and broker of Buyers Brokerage in Columbus, OH. Tom is a frequent contributor to the RealTalk list serv He is a strong proponent of single agency real estate practice and champions the cause frequently.

Here are some nuggets from the RealTalk archives:

On understanding fiduciary: "The days of listing brokers ruling REALTORDOM are over, big time, never to be seen again. It is time to wake up and understand that their are TWO parties to the sale and there are TWO brokers doing business, legally, trying to land the buyer. Let the big boys have there way and there will be nothing but big boys doing business."

On banks in real estate: "I say it is hypocritical for Realtors to be in the lending business, title business, inspection business, home warranty business, etc. etc., and tell everyone else that they can't be in the Real Estate Business. It's called guarding your own turf, folks."

On giving back: "Spent last night unloading trucks ( I can handle a fork lift) for our local down town food shelter and will be dishing out food on Christmas day at the same facility. NOTHING, not even a good sharp discussion on AGENCY, makes me feel better than helping those who either can not or will not help themselves. That feeling is the REAL feeling of Christmas and or Happy Holidays. Give till it feels good."

On the matter of contracts: "While your board has a right to make any rule it wishes, I would challenge any rule which told a buyer what they could or could not negotiate in THEIR contract with the seller...While NAR through it's state association and then trickled down to the local level tried very hard to put EBA out of business many years ago with tactics like this it did not work.

"The seller has every right to tell this buyer to go take a hike and if I were advising the seller that is the advice they would get from me...If a buyer wants to ask the seller to pay toward their buyer broker fee the buyer has EVERY right to do so and [the local] board has NOTHING to say about it. Now there may be a few listing agents who are stupid enough to advise their seller not to do so based only on the fact that the listing agents doesn't like to see things done that way, but what the hell, stupid people are either born that way or they take pills. When I see listing brokers attempt to tell me that I am worth only what they offer in the MLS and I have nothing to say about it methinks they were either born stupid, take pills, or forgot to take their pills."

Capitol Hill Ponders Katrina Relief Legislation;'Shall We Throw Them A Lifeline Or Let Them Drown?'

Mississippi and Louisiana lawmakers in Congress are drafting Katrina relief legislation that would offer hurricane victims additional protection when new bankruptcy laws go into effect next month.

Katrina victims recently fell prey to mighty credit card champion and Judiciary chairman James Sensenbrenner (R-WI), who refused to hold hearings to address relief for Katrina victims. Thirty-one Congressional Democrats had voiced support for waiving the more onerous provisions of the new law for Katrina victims "to insure that we do not compound a natural disaster with a man made financial disaster."

Under the new bankruptcy legislation, homeowners' exemptions from liability are much more limited than in the past. As previously reported, many homeowners who have refinanced their homes will be shocked to find that under the new bankruptcy act, they are liable for the full value of their home if it is destroyed.

The bankruptcy "reform" law restricts home equity protection to $125,000, if the buyer bought the house within four years of filing for bankruptcy.

The measure Sensenbrenner blocked would "prevent new bankruptcy provisions from having adverse and unintended consequences for the hundreds of thousands now facing financial catastrophe by providing needed flexibility for victims of natural disasters in bankruptcy proceedings," Reps. Sheila Jackson Lee (D-TX), John Conyers Jr. (D-MI), Mel Watt (D-NC), and Jerrold Nadler (D-NY) said in a joint statement.

REALTOR/Blogger Joins MoveOn Peace VigilIn Bethlehem Supporting Cindy Sheehan

A tiny park in Southside Bethlehem, PA, was the site of a Peace Vigil last night that supported the efforts of Cindy Sheehan, a mother whose son lost his life in Iraq. Cindy is in Crawford, Texas, and she wants to speak with President Bush about the war. So far he has refused. It doesn't seem to work for his political agenda. There is a slide show here with more images of the event in Bethlehem. The Bethlehem event was organized by Diane Petro.

Today is National Cell-A-Thon Day;Nation Rallies Support For Stem Cell Research

John Mudd, REALTOR®/Blogger has appealed to fellow real estate bloggers to gather support for National Cell-A-Thon Day:

"As a lifelong, insulin-dependent diabetic, I am asking you to call President Bush tomorrow, Tuesday, August 9th, at 202-456-1414, to ask him to sign H.R. 810 into law. The bill will cause embryonic stem cells to be used in various cure research, from cancer to diabetes to Parkinson's to Alzheimer's. Vetoing the bill will cause the same embryonic stem cells to be thrown in the garbage. We can save lives, or we can throw them away. Thank you in advance for any help or support you lend in the effort to get H.R. 810 signed into law."

New Energy Bill Is Failed Policy;Washington Lets Us Down Again

I am reminded of Peter's comment last month that "partisan politics has no place in a real estate blog"  as buyers of homes with oil heat struggle to stretch their budget dollars and fuel prices soar. Congress passed a euphemistically titled "Energy Bill." What did the bill really accomplish? Mark Haines, anchor of CNBC Sqwack Box, sums it up best:

"We need to reduce our reliance on foreign oil, which this law will not do. We need to reduce our dependence on fossil fuels, no matter the origin, which this law will not do. The vast bulk of America’s oil use is in automobiles. But, Congress passed on raising fuel economy targets. Detroit argues they can’t do it. Oddly, Germany, Japan, and South Korea do not make that argument, they just produce more fuel efficient cars."

NAR Cheers Whoremaster Health Care BillThat Sails Through U.S. Congress

Notice to Employee Benefits Providers: Line forms at the left at the fancy new offices of The National Assn. of REALTORS^® . What's that, you say? The benefits providers are all banks on this line? First Penn Bank, S&T Bank, M&T Bank,  PNC Bank, HSBC, TCF Bank, United Bank of California, Chase/BankOne, Sovereign Bank.