The Washington Post - 16.11.2019

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the washington post

.
saturday, november 16, 2019

EZ

10 11


EZ

the washington post

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saturday, november 16, 2019

COVER STORYShedding light on a disputed listing practiceIndustry rethinks ‘off-market,’

‘coming

soon’

tactics

As if buying a home weren’t hard enough, the lack of properties for sale has made the process even more daunting. The problem has resulted in more intense bid-ding wars for the slimmer pickings and many house hunters — particularly those with modest means — be-ing shut out.


What if you found out there are a lot of

homes for sale but you and your real estate agent just don’t know about them?


That’s what some buyers’

agents say has been happening with greater frequency, particularly in highly competitive housing markets such as Seattle, San

Francisco,

Los Angeles and the

District.


Now the National

Association of Realtors (NAR) is

cracking down on

“coming soon” or “off-market” desig-

nations, which generally

allow sellers to unofficially so-

licit buyers under the

radar without having the number

of days it is listed count against

them when they go on

the

market. In addition, keeping these listings off the

public multiple

listing service means buyers won’t know

if a seller has dropped or raised their price expectations.

BY

M

ICHELE

L

ERNER

N

AR voted

Mo

nday

at its annual mem-

bership meeting in san

Francisco to bar

Realtors and brokers in its 640 af

filiat-

ed multiple

listing services from

keep-

ing listings off the services.

It recom-

mended that the

dozens

of other multiple listing

services it doesn

’t oversee

adopt similar

stan-

dards.

Th

e move is aimed

at gener

ating a discussion

about

the

p ractice nationwide.

A h

andful of multi-

ple listing services


i
ncluding Bright

M

Ls in the

D.C

. area,


Mi

dwe

st R eal estate Data in Illinois and

no

rthw

est MLs in the sea

ttle area


h

ad previ-

ously

taken

steps to

fine brokers and agents who

fail to put their for-sale properties on the open mark

et.
“This new policy will bring

a ll available prope

r-

ties into the MLs,

” s

ays Greg Zadel, a real estate

agent with Zadel Realty in Firestone,

Colo., and

chair

of the MLs committee of

nA

R. “Th

is wa

y,

every seller

will

get maximum

exposure of their

prope

rty and

every buyer will be able to

find all the

prope

rties for

sale in their area.

Th

e consumers

will bene

fit more than

anyone because this

will

mean the MLs mark

etplace will

b e compl

ete.


Th

e new

nA

R measure, in line with the Bright

policy adopted in october, requires properties to be listed on the local MLs within

o ne business day

of being

m ark

eted to the public.

Ma

rketing includes fliers, yard signs, email

blasts, applications

available to the

general public

and digital promotions on public

w ebsites, such as

Zillow or Realto

r.com, brokerage websites,

and

agent ne

tworks that share listing

information

within a closed group.

Compass real

e state brokerage sent a pre-litiga-

tion le

tter when Brigh

t’s policy was

announced in

october that said the policy was anti-consumer and anti-competitive because it restricts the

a bili-

ty of agents to mark

et properties outside of the

MLs. Representatives

o f Compass

a nd Bright

h ave

exchan

ged le

tters and discussed ways to resolve

their

conflict over the policy and its implementa-

tion.

nA

R members approved the

Clear Cooper

ation

polic

y. The measure requires af

filiated MLs sys-

tems to adopt the chan

ges by

Ma

y 1, 2020.

Th

e new

rules pertain to other practices similar

t o “coming

soon

” o

r off-mark

et listings that may

go by other

names:

l

“ Pocket l istings

” a re so named because listing

agents

keep them in their pock

et, making

them

available only to speci

fic buyers

or agents within

their

office instead of sharing them on the open

mark

et.
l

“Private exclusive

” o

r “office

exclusive

” r efers

to for-sale properties that can be found on real estate of

fice websites but aren

’t on the MLs.

Because they are mark

eted a little bit


a

nd maybe

on social media, for

example


t
hey aren

’t c onsid-

ered the same as pock

et l istings.

nA

R and

Bright, however, have made one

ex-

ception.

Th

ey a llow

“ office exclusives

” f

or sellers


mainly high-profile people

w

ho are

concerned

about privac

y. B ut the

p oli

cy s ays they can

’t a dver-

tise publicly through

signs, social media, blast

emails or brokerage websites.

They can only be

mark

eted with one-to-one promotion within a

brokerage and sellers

must sign

a w

aiver that they

want this and

under

stand that their prope

rty

won

’t b e publicly mark

eted.

“Finding a home to buy

i s hard enough without

having

your options

limited by poc

ket listings,

”^

says Glenn

Ke

lman, Ceo of Redfin real estate

brokerage, headquartered in sea

ttle. “Buyers and

their

agents shouldn

’t have to know the secret

handshake or play tennis

w

ith the right listing

agent in order

to have access to any prope

rty on

the mark

et.

”^

Pros and

cons

supp

orte

rs of off-mark

et l

istings say the prac-

tice offers sellers

an opportunity to

gener

ate buzz

for their home sale as they are prepping the prope

rty and gives them a chance

to test the

waters to see if they can

get the price they want.

“A divorcing couple, for

example, may not want

their

n eighbors

t o know the

y’re selling

thei

r home,

so they put the house in

‘coming soon’

status and

quietly

start mark

eting it,

” s

ays Kim

Ha

rris, re-

gional president

o f Compass

r eal estate brokerage

in the District.

“W

e had another client, a 91-year-

old, who didn

’t w ant to

fix up his house if he didn

’t

have to, so he could test the mar

ket in

‘coming

soon’ without

exposing it to the full mark

et.


To p Agent

ne

twork

(TAn), which has 33

chap-

ters with

9,900 agents across the

Un

ited states,

shares information

about non-MLs properties

and other topics through a priv

ate online commu-

nit

y. TAn membership is

available

only to agents

who are in the top

10 percent of home sellers in

their

r egion.
“The top 10 percent of agents do 90 percent of
the business

i n their mark

ets, so mark

eting within

our ne

twork is not the same as pock

et listings,

which

are bad for buyers

and sellers,

” s ays David

Faudman, Ceo

a nd founder

o f TA

n. “ Th

e majority

of the properties discussed on our site end up in the MLs but with a be

tter outcome for sellers

because of the discussion about pricing and mar-ket conditions.


If a buyer

comes through the

TA

n ne

twork

before a proper

ty goes on the MLs,

Faudman says

tha

t’s convenient for the sellers and the agent.

“expert agents in our ne

twork share informa-

tion with each other about homes and

get input on

pricing and sug

gestions about what improve-

ments

need to be made,

” F

audman says.

“These

agents can show the proper

ty o r not.

We

a lso have

agents posting about what

type of prope

rty their

buyers want so they can

find out about properties

before they

go o n the mark

et.


But opponents say buyers can

sometimes be

disad

vantaged by the

p rocess.

“It happens

often that buyers call an agent and

ask why their

a gent didn

’t t ell them about a house

they might have wanted to buy,

” s

ays Ch

ristine

Richardson, president of the

no

rthern Virginia

Association of Realtors (nVAR) and a real estate agent with

We

ichert Realtors in Great

Falls,

Va.

“often, that house was

n’t listed in the MLs but

it was on a third-pa

rty site or had a sign in the

yard,

” R

ichardson adds. “Buyers have a terrible

fear of missing

out. eliminating the

p

re-MLs

listings will eliminate that shadow mar

ket.


Limiting the abili

ty of all buyers to know about

every proper

ty o n the mark

et h as a more insidious

influence

on the

housing mark

et, including an

unintentional negative impact on minori

ty h ome-

ownership, according

to elizabeth

Ko

rver-Glenn,

an assistant sociology professor

at the

Un

iversity

of ne

w Me

xico in Albuquerque.

While

r eal estate agents having the inside

t rack

on listings is nothing ne

w, K orver-Glenn contends

that the

ramifications of

exclusively mark

eting to

a ne

twork

of other agents and clients

rat

her than

the

general public limits the ability of people of

color to compete for homes. she

says she believes

eliminating pock

et listings

is one of the easiest

ways the real estate industry could increase home-ownership among people of color.

“During a year

of research

on the

Ho

uston

housing mark

et, I found that many of the white

real estate agents I interviewed engaged in pock

et

listings,

while only one of the agents of color did

this,

” K

orver-Glenn says.

“The white agents pro-

moted

their business around

exclusivi

ty to their

clients,

but none of them considered what they

were doing

exclusionary

even though they had

overwhelmingly

white clients

and mark

eted only

to other whites.


Ke

lman, of Redfin, agrees.
“If you

’re a top agent, you want people to think

that they won

’t s ee all

available properties without

their

help, which is a powerful message,

” K

elman

says.

“But from the perspective of people

of color

who may lack that same kind of ne

twork, they

should be able to see

every prope

rty, t

oo.

Th

ere

’s a

long history of the real estate industry being a mostly unwitting accomplice to all sorts of segre-gation in America and one of the simplest solu-tions

i s to eliminate pock

et l istings.


Leveling the playing

field

Th

e practice

of poc

ket listings, or pre-MLs or

off-MLs listings, has grown in recent years, ac-cording to

nA

R. Pock

et l istings can

gener

ate more

money for

a b

rokerage


o

r even an individual

agent


i
f the buyers and sellers are both

repre-

sented by the same company or by the same agent, known

a s dual agenc

y.

“In a highly

com

petitive

mark

et like ours, with

fewer houses to sell, some brokerages try to con-trol the mark

et by keeping more of their listings

in-house,

” R

ichardson says.

Private exclusive listings, while not only limited
to

expensive homes, are often used by wealthy
people to prote

ct their privacy and limit the

exposure of their

h omes to the

general public.

ne

w policies from Bright MLs and

nAR also

differentiate be

tween

“coming soon

” p

rope

rties

and pock

et l istings.

Pock

et l istings, says

Jon Coile,

chairman of Bright MLs,

typically

a re not mar

ket-

ed to any other agents, only

to potential buyers of a

prope

rty.
He

says the only issue with

brokerages an-

nouncing a

“coming soon

” p

roper

ty i s that it needs

to be announced in the publicly

available MLs as

well as on individual brokerage sites.

“some

brokerages do all their mark

eting of

‘coming soo

n’ properties as if the

proper

ty is a

totally public listing,

except that they

keep it off

the MLs, so the only

peo

ple who can

’t see it are

other

agents unless they

go to the bro

ker’s web-

site,

” C

oile says.

“W

e’re leveling

t he playing

field so

that

everyone

h as access

t o the same information,

which

is good for small brokerages and

good for

large brokerages.

Mo

st o f all,

i t’s good for consum-

ers.

” sellers of pock

et listings

m

ay be doing them-

selves a disservice, some agents sa

y. A h

andful of

sellers may care more about an easier sale than a higher price, Richardson says, but most want the highe

st p ossible price.
“W

hile some

a gents

t hink off-MLs mark

eting is

creative and they have a big ne

twork of potential

buyers, sellers

won’t always

get the highe

st sales

price

if their proper

ty isn’t exposed to the full

mark

etplace,

” R

ichardson

sa

ys.

“The bottom line

is that it

’s absolutely in the best interest of sellers

to be in the MLs.

It doesn

’t m

ake sense

to not

expose your proper

ty to licensed

agents who

represent buyers.


Brigh

t’s policy allows sellers to sign a waiver to

keep their listing

out of syndication

to other

websites, and their

agents can also put notes in

see

listings

o

n

t15

CO

MING SOON
FO

R

SA

LE

istock photos

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