[5-DayForum] Question
Bill Effros
bill at effros.com
Thu May 3 10:51:10 EDT 2007
Tom,
I know how you feel, but let's deal with these Realtors, on the list,
with good humor.
Other people have the same questions but feel it's impolite to mention them.
Many realtors are concerned that we are attacking their ability to make
a living, and they are protecting themselves any way they can.
Many other realtors come to understand they can make more money selling
homes for their clients using the 5-Day Method, and we teach them how to
do it.
Most people will sell homes through real estate brokers regardless of
the logic of doing it for themselves. Let's educate the brokers to
offer a superior technique.
Thanks for your anger, though, I feel the same way.
Bill Effros
PS -- It's perfectly ok to go off on any tangent. It's a lot of work to
monitor and respond on this list. The people who don't unsubscribe
after getting what they need should feel free to vent in any way about
anything.
Again, my thanks to all who keep this list going when I don't have the time.
infore5860 wrote:
> I do not want to go on a tangent here because this is not the place.
> After reading that post from that realtor I was furious. This is why
> realtors get such bad raps. Instead of worrying about there clients
> all you want to do is legal stone walling. We live in an ever changing
> world and just because you do not understand something you should read
> what you do not understand first. You go on second hand knowledge and
> right away want to bash and stonewall because it goes against what you
> have done. This is nonsense and should be stopped. There are good
> realtors and brokers out there.Stop giving them a bad name.
>
> Tom
>
> ----- Original Message -----
> *From:* Bill Effros <mailto:bill at effros.com>
> *To:* How To Sell Your Home in 5-Days
> <mailto:5-dayforum at mailman.howtosellyourhomein5days.com>
> *Sent:* Wednesday, May 02, 2007 8:33 PM
> *Subject:* Re: [5-DayForum] Question
>
> Natasha? (Please sign what you send.)
>
> This isn't really a question is it?
>
> Read the book yourself.
>
> Then ask a real question. Or post your own answer.
>
> People have been using this method for 15 years. Ethically.
> Legally. Profitably. All over the country.
>
> Real Estate brokers all over the country have been employing the
> method for their customers--usually at a reduced commission
> because the advertising cost and showing time are greatly reduced.
>
> Get back to all of us after you have read the book, yourself. You
> can read it in about an hour while standing in the aisle of your
> local bookstore. No need to buy it.
>
> Bill Effros
>
>
> natasha gonell wrote:
>>
>> Good afternoon,
>>
>> I have a customer who read your book and asked me to "slash the
>> price of his house in half " and have a "5 day sale" as he read
>> in your book. He also told me that you "guarantee" that this
>> works. My customer emailed you and recieved the message you will
>> read below from your "literary agent." You will also see an
>> email below from my branch manager regarding his phone call to
>> attorneys who work for the Florida Association of Realtors
>> regarding the issue of alledged false advertising. I want to
>> know why your "literary agent" wrote to my customer that he does
>> not see any potential for legal issues regarding false
>> advertising, however, the attorneys that work for the Florida
>> Association of Realtors state that ther is a problem with this
>> and a potential for a seller to get sued? Why didn't your
>> literary agent provide the name and number for his attorney in
>> Coral Springs that he mentions? I really think that people
>> should be warned that they should seek the advice of an attorney
>> before doing something like this and I am shocked that your
>> literary agent did not suggest that to this customer.
>>
>>
>>
>>
>>
>>
>>
>> ------------------------------------------------------------------------
>> Message from branch manager:
>>
>> I was on the phone with the Florida Association of Realtors
>> Attorneys yesterday for about ½ an hour discussing this.
>> There is certainly much more by way of documented regulation
>> and statute when it comes to licensed Real Estate
>> Professionals, however, non licensed individuals do not have
>> a "get out of jail free" card simply because they are not
>> Realtors. Basically, language for us and our benefit is
>> spelled out in our code of ethics, Florida Statute 475.25,
>> and administrative code 61J2-10.025 that seems to go directly
>> against this sales tactic/technique. The litmus test for a
>> lay person would most likely be the 12 jurors in court and
>> seeing if a lawsuit has merit by way of a judge understanding
>> the feeling or claim of the prospective buyer of being misled
>> by the prospective seller.
>>
>>
>>
>> The attorney said that it is very possible that a lawsuit
>> would have merit for damages, performance, and possibly
>> punitive as is fairly obviously now and certainly would be
>> more so if and when bid/offers are rejected that there is no
>> intention to sell the property anywhere reasonably close to
>> where the ad says. Much of the law is "intent". My
>> understanding is that there is clear "intent" to make a
>> statement significantly below the seller's expectations of
>> value and significantly below a prospective buyer's opinion
>> of value to influence supply and demand. Without intent to
>> follow through with a solid offer that may be dramatically
>> lower than what the seller desires, there could be some angry
>> people that take legal action.
>>
>>
>>
>> Rich has made it clear that the language is loose enough and
>> disclosures given to buyers as they view the house claim
>> there is no obligation to perform by the seller, but clearly
>> ½ price sale is not anywhere close a ½ price sale. Could
>> this be done, and has it been done in the past with success,
>> most probably yes. I would say more likely because an
>> enthusiastic buyer expecting a deal reads into the disclosure
>> handed to them once they visit the house and feel there is no
>> chance for a great deal. The problem lies in that to get the
>> buyers to call and to show up, the ad itself is counter to
>> the intent of the seller and is made more obvious although
>> not completely yet clear once this disclosure is provide to
>> the buyer. The attorney felt the seller was definitely
>> putting themselves at risk for legal action to be taken
>> against themselves and advised strongly against it. To what
>> ends would a disgruntled buyer go to prove a point or to get
>> what they want, who knows?
>>
>>
>>
>> The attachment has the specific legal references made by the
>> attorney in it. Over and over is very clear that misleading
>> and deception through advertising is not to be done.
>> Misleading again goes back to intent.
>>
>>
>>
>> I am interested to see how the book spins this as to either
>> ethically go around this issue or if the book takes this
>> point head on. I thought it was interesting that the
>> individual who replied to Rich from the web blog was careful
>> not to mention his actual name, that of the real estate
>> company he works for, or the Coral Springs attorney that "so
>> stated" that this program is legal. Just food for thought.
>>
>>
>>
>>
>>
>> ------------------------------------------------------------------------
>>
>> ____________________________________________________________________________________
>>
>> This is the reply that was sent to me from the book's
>> website when I asked about the issue of false
>> advertising:
>>
>>
>>
>> I am Bill Effros' literary agent -- the ex-shortstop
>> mentioned in the book who convinced Bill to write
>> this book some years ago. I am also a real estate
>> broker in Florida, a result of my involvement with
>> Bill, and I'm based in Boca. I happened to see your
>> posting on the Forum by chance, as I hardly ever tune in.
>>
>>
>>
>> The branch manager's apprehension about false
>> advertising is common among realtors and others, but
>> it has no merit in Florida. I got a detailed legal
>> opinion about this issue so stating from a law firm
>> in Coral Springs before I began doing 5-day sales in
>> Florida. I can also assure you that no 5-day seller
>> has ever been sued anywhere in the U.S. for running
>> Bill's ad since his book was published in the early 90s.
>>
>>
>>
>> ___________________________________________________________________________________
>>
>>
>>
>> */The Experience Is Everything!/** *
>>
>>
>>
>> Regards,
>>
>>
>>
>> *Bryan English**, **GRI*
>>
>> Branch Manager, Pembroke Pines
>>
>> Prudential Florida WCI Realty, Inc.
>>
>> Direct: 954-531-7470
>>
>> bryanenglish at prudentialfloridawci.com
>>
>> www.prudentialfloridawci.com
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> ------------------------------------------------------------------------
>>
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>> 5-DayForum at mailman.howtosellyourhomein5days.com
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>>
>
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