NAR/DOJ settlement: Much ado about nothing ?

Seems that the Economy and the Political scene in this hot election year has caused the DOJ to re-think their approach on the battle with the National Association of Realtors. The case was settled this week or rather it appears that the DOJ gave up, because they did not want to seem unsympathetic to the plight of the industry as a whole, given the political climate et all in the U.S. right now.

The reason I and others say gave up is because, we do not think that the DOJ went far enough into really scrutinizing the MLS control issues.

One thing they did do was help free up the hold on VOWs, and that in it self may not have been a good thing depending on how you view the situation.

So what is a VOW anyway ? A VOW is basically a Virtual Office. One description I have often heard is in reference to the difference between an IDX platform and a VOW. VOWS differ from IDX by essentially taking the IDX platform at least one step further.” VOWS are “private business platforms that are designed to facilitate actual transactions” by registering consumers and delivering them as leads to other companies and sales agents, in some cases.

Here’s one of the key-issues that was discussed by NAR and various Multiple Listing Services on how VOWs operated.

“Some MLSs have objected to VOWs putting information on sold, expired or withdrawn listings on the Internet, saying that it makes it easier to mine data that belongs to their members.”

The settlement, in effect says the Internet and innovation is going to be supported, and you have to allow competition to come into this space. Some brokers don’t like the changes and are trying to protect their business. This says you have to compete fairly.”

To put it in laymen s terms.

If a consumer visits a Realtor or Brokers web site with MLS listing data supplied in an IDX (Internet data exchange) format, most likely the consumer will be able to browse and research data without being required to verify an email address or create a log-in account. However with a VOW site, the consumer has to create a log-in, or leave identifying information to be able to access the data.

One such site is ZIP Realty, whose CEO made the comment’s above. On their site you can enter search criteria for an MLS search however, you cannot view any details of that data, including pictures on their site without registering first.

Only time will tell now how NAR and the MLS’s continue to move forward in the integration of technology

One thing is for certain though, and that is that the monopolistic polices adopted by some MLS boards will continue to garner scrutiny by other state and federal agencies. In that venue the Justice Department is currently engaged in a lawsuit over policies adopted by an MLS in South Carolina, as an example, and the Federal Trade Commission is engaged in a lawsuit with a Michigan MLS.

If you interested in more details on the major talking points, I will defer to the excellent post by non other than Mr. Greg Swain of the Bloodhound Blog.

Look here for the details of the DOJ/NAR proposed Final Judgment,

In closing, I must confess that, Greg’s blog is what I one day aspire to be when mine grows up. Maybe not on this blog, but then again you never know ?

DOJ sets sights on more MLS boards

As the DOJ case against NAR enters into a critical path this summer, the DOJ is starting to take aim at other players in the MLS game. This is only the beginning and it is very apparent to many, that NAR’s iron fisted rule on the MLS will not come out of this unscathed.

Having interacted with over a hundred of the top MLS’s through the United States I can say from my perspective, that this is going to be welcomed with open arms for those wanting to open this up to the masses and to help create a free and unfettered access to this data. The way it has been controlled has got to change. The times and the technologies brought to bear in today’s digital world that we live in are also changing and this is another one of those changes that is coming soon to an MLS Board near you.

Barry Cunnigham over at the Blood Hound Blog wrote a great post on the latest foray into this battle The War Against The MLS Continues | The MLS Must Fall!.

It is worth reading and before you comment, you should arm yourself with the knowledge of actually reading the content of the complaints as filed by the DOJ (links are in the posts – his and mine). Also, be sure to check out the article I wrote back in February 2007 that goes into more background and details on this. MLS Data compliance and NAR vs. DOJ

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MLS Data compliance and NAR vs. DOJ

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Exisiting home sales bottom still elusive

NAR released their March 2008 report and the picture is still not very pretty.

Resale homes continued to drop and now stand at 19.3 percent off of March 2007 numbers. In addition, the media resale home price continued it’s spiral and fell another 7.7 percent compared to the same month in 2007. The median price in 2007 was $217,400. and as of March 31, 2008 it now stands at $200,700.

According to NAR “Regionally, sales rose in the Northeast and West but fell in the Midwest and South.”

So how does the picture differ her in the Tampa Real Estate Market ?

Well according to recent report by the West Pasco Board of Realtors, the Pasco County market has actually had two very good months back to back that prove while the bottom is still elusive in most places it appears to be settling some in other areas. It does appear that their is still more room for prices to drop before the national average stabilizes though.

What is interesting in the Pasco County scenario is that a Florida Economist “Hank” Fishkind, had predicted that areas within the Tampa Bay would recover before others in the state. It may be a bit optimistic at this point to say he his right only more time will tell.

If you are a regular reader to this Blog, then you might recall this post back in February “Florida’s indifferent real estate market in Tampa…huh ? The significance of this post is the comments made by Mr. Fishkind, with specific reference to Pasco County Real Estate he said”

1. HOME SALES: Pasco and Hernando counties’ housing markets have hit bottom and are most likely to start the the turn around ?.this will be seen later in the year. Hillsborough County is close to the bottom, but Pinellas County has a few more months in this downturn before home sales and prices will stabilize.

You can down-load a copy of Dr. Hank Fishkinds Power Point report in PDF format entitled **Economic Outlook U.S. and Tampa Bay/Bay Area Real Estate Council.

** Be sure to check out pages 28 to 63 of the PDF for Tampa Counties (158 to 197 as listed on the lower right corner of the presentation).

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Florida’s indifferent real estate market in Tampa…huh ?

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Newspaper ads for listings a dying breed

New Report by media experts Borrell Associates Inc.forecast the demise of newspaper advertising as one of the staples for Real Estate listings.

“Real estate brokers and agents will continue to devote more marketing budgets to online media. This year they will spend $2.6 billion on online media and by 2012 online will topple newspapers share“.

This is indeed interesting and backs- up what many of us in the NEW Media segment have been preaching to the old guard. There is a change in the wind and it is happening much sooner and faster than Real Estate Agents and Brokers will be happy with.

I have posted several articles over the last few weeks discussing the merits or the lack thereof, pertaining to Web 2.0 adoption by the Real Estate industry as a whole, and in particular how NAR has responded at their recent convention in Vegas. (NAR members with Ostrich syndrome on Web 2.0 ) (National Association of Realtors details 10 Year Plan)

Many in the Real Estate industry still fight this notion as one recent commenter said, “The Internet is a a powerful tool as we all know, but I don?t think we can completely discount the amount of buyers that search the newspapers still these days. The paper in my market has an excellent real estate section every Sunday. I generate a lot of calls from classified ads so I know they are still reading. You have to keep things diversified.”

While this may be true today, the statistics show a rapidly declining market for newspapers and an incremental rise in-online advertising. As the Baby Boom generation completes their last home purchases, the next generation, X, Y and ?? will be accustomed to using the Internet.

Borrell’s report also forecasts; that online advertising revenue will grow by 12.4 % in 2008 and print ad spending will continue to decline at an accelerated pace. The print advertising medium is expected to shrink by as much as 16% in 2009 increasing to 13% in 2010. Online real estate advertising will have surpassed print by 2011.

The writing is on the wall and as Zillow makes agreements with Newspaper companies for add sharing revenue it is apparent they know this too is coming.

So if you are one of the ones still sitting on the fence and wondering why you should even bother with taking your advertising online, or investing the time to learn about blogs ? I think this is your call. If this pans out, that means that you would have about 3 years to get up to speed. Meantime the early adopters will be taking valuable market share that you knowingly gave away.

Technology can be daunting, but their is a lot of help in the market with more on the horizon. If you approach the inevitable change with openness and embrace it, you will find yourself much better able to handle the questions you will surely get from prospective clients inquiring about your approach to media advertising and your online presence.

I think the days are fast approaching when simply being an expert in your area of the Real Estate community is not enough. You also have to know how to market yourself and your expertise in the new medium. Not because I or any other media pundit says you should. The real drivers for adoption will be your customers, who will demand it.

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National Association of Realtors details 10 Year Plan

Zillow Newspaper advertising alliance – So What ?

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