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Remember to Spring Forward
by setting your clocks forward one hour on Sunday, April 3rd!
New Law Makes Agents
Publish a “Quality Rating,”
Determined by Buyer/Seller Input,
After Their Name on Everything.
By Bill Koelzer
New legislation in SB9678 requires
consumers to rate agent performance after each sale, then the
average of ten such ratings must be publicly published immediately
after an agent’s name everywhere an agent’s name appears in a
business context. Significant printing costs may apply per agent to
modify literature, web sites, etc.
Washintgon, D.C. -- March 31, 2005 -- In a move destined to
cause howls of protest from the National Association of Realtors,
and real estate agents at large, the Senate yesterday passed SB9678,
containing a requirement for all licensed U.S. real estate agents to
post a consumer “Quality Rating” (QR) number immediately after their
name on all business cards, letterheads, websites, video, and more.
The QR
Rating number, (from 1 to 10 with 10 being the highest) is the
average of ratings given to that agent by consumers over the past
ten transactions the agent has made. An agent named, say, John Doe,
will have to publish his name as John Doe, QR8 (or QR5, QR10, or
whatever). The new law takes effect July 1, 2005.
It
works this way: After April 1, 2005, and after a given agent has
completed ten transactions, he is required to add a QR rating, which
is based on the average quality rating number given him by each
consumer for those first ten transactions. Whatever that average
numerical quality rating is, agents must maintain it on their
materials immediately after their name for the next 12 months.
Otherwise, severe penalties, including loss of license, may apply.
The
new law is rife with caveats, but the gist is this. Each time a
consumer completes a transaction with an agent, the consumer fills
out and submits to the Federal Housing Authority, through a mailer,
or online, a rating sheet that evaluates the agent’s performance
primarily in terms of demonstrated….
-
Overall Real Estate
Knowledge
-
Negotiating Skills
-
Organizational Ability
-
Marketing/Networking
skills
-
Quality of Promotional
Materials
-
Punctuality
-
Warm Personality
-
Web Site Quality
-
Appearance/Tidiness
The
senior Senator from Delaware, Nolo T. Contendere,
co-sponsor of the bill, along with Sen. Tim Byrd of Wyoming, said,
“This rating system finally gives consumers some protection from
perhaps losing thousands of dollars due to blindly selecting a real
estate agent who is wholly or partially incompetent. Because the
agent is now required by law to place a rating directly after his
name wherever his name appears in business, homebuyers and sellers
can now choose an agent based on something other than a pretty face
and a lot of advertising hooey. It’ll also not only identify, but
ultimately weed out the bad agents.
Firing back, at a news conference
yesterday, Angelica Michaels, Executive Director, of the Associated
Sales Society of America (ASSA), said, “This is plain stupid and an
invasion of privacy. What if an agent has buyers or sellers who
lie, or give poor ratings just to be malicious? What protection
does the agent have under this bill? Just because Sen. Contendere
had a bad experience with an agent last year does not mean that
everyone does. We’re taking this law to the Supreme Court, which, I
am confident, will strike it down.”
Meanwhile, some four million persons
holding real estate licenses in the United States are under the gun
to publish the ratings given them by their clients.
After a rating has been submitted by a
property buyer or seller to the FHA, it is then sent to the agent’s
own state department of real estate, where it is posted alongside
his name and license number.
ASSA Executive Director Michaels says,
“Just imagine the additional cost that an agent will suffer in
printed materials alone under this bill, just to change that stupid
rating number every 12 months.
“A bill this absurd would never have
passed except that it was hidden in an omnibus bill that was voted
on late in the evening when opponents had already left the Senate
floor.”
The opponents of the bill admit that it
will take at least a year for the new Quality Rating law to be
overturned or modified. Meanwhile, after July 1, 2005, agents will
have to start counting their way to ten transactions, after which
they are required to post the new QR number after their name. Let’s
hope everyone can be a QR10.
Just kidding…this has
been another
APRIL FOOLS!!!!!
Bill
Koelzer is a Web marketing consultant to Web-proficient agents
nationwide. He is co-author, with Barbara Cox, Ph.D., of the
Prentice-Hall books, "Internet
Marketing in Real Estate" and
Internet Marketing. Koelzer is also webmaster of
Orange County
Real Estate - Search MLS, among the most-awarded known Realtor ®
sites. Contact info:
www.koelzer.com or e-mail him at
Bill@Koelzer.com
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