Post on 09-May-2015
Ethics, Risk Management and Social Media
www.SlideShare.com/LindaDavis
Where are you when it comes to technology?
BeginnerIntermediate
AdvancedUbergeek
Who am I?I am not an attorney and I did not sleep in
a Holiday Inn Express last night.
My goal today it to make a sleepy topic fun….
Realtor®
Say….
44. Realtor – The word has three syllables. Say /RE-AL-TOR/, not /re-a-la-tor/
From: Merriam Webster Dictionary
From: Daily Writing Tips Online
LEGAL REGULATORY
ETHICAL
PRACTICAL
Risks Braved by REALTORS®
Includes Copyrights Includes Can Spam Act
Includes Code of Ethics Includes “Don’t be Stupid”
Legal: Issues raised by the misuse or misappropriation of content, potential violations of trademarks and copyrights, potential violations of agency relationships and fiduciary responsibilities.
Using the REALTOR® logo and terms (The Marks)
National Association Trademark Protection Coordinator
Trademarks
Trademarks not properly protected can be lost forever.
Examples?
•Phillips-head screw – Henry F. Phillips•Aspirin – Bayer•Escalator – Otis Elevator•Pogo – Pogo stick•Thermos – Thermos Company•Yo-Yo – Duncan Yo-Yo•Zipper – BF-Goodrich
Companies that lost their legal protection (trade mark) because their product names
became too generic.
"I am stuck on Band-Aids, 'cause Band-Aid's stuck on me" to "I am stuck on Band-Aid brand, 'cause Band-Aid's stuck on me."
In order to protect their Trademark, Johnson and Johnson changed their slogan from:
This image is ineligible for copyright and therefore is in the public domain, because it consists entirely of information that is common property and contains no original authorship.
Wikipedia
The terms REALTOR, REALTORS, REALTOR ASSOCIATE, as well as the REALTOR with Block "R" logo, are all federally registered
collective membership marks owned exclusively by NAR.
The term REALTOR® may not be used with descriptive words or phrases:
•Main Street’s most qualified REALTOR®•Consult a professional REALTOR®•Doe County’s leading REALTOR®•The concerned REALTOR®•Number one REALTOR-ASSOCIATE®•Your local REALTOR®•Commercial REALTORS®
The same applies to using REALTOR® online, except….
Requirements regarding capitalization and registration symbol do not apply
No punctuation is necessary to separate member’s name or business
Allowed: Johndoe-realtor.com johndoerealtor.com
Domain Names
The term REALTOR®, whether used as part of a domain name or in some other fashion
must refer to a member or a member's firm
www.janedoerealtor.comwww.blackacresincrealtors.com
www.postalrealtor.com
It’s only a matter of time…..
SuperRealtorWoman.com
Uh oh….
OOPS!!!!
Agent GeniusFormerly RealtorGenius.com
Color for Real EstateFormerly Color for Realtors
Exitceptional Chicago Realtor
Your Seacoast NH Realtor
Realtor Referral Group
www.realtor.org
www.RontheRealtor.com
trademark@realtors.org10:23 AM (18 minutes ago)to me
Good morning Linda,
Thank you for your question. As long as Ron is a member of the Association this is fine. The attorneys decided that the use of "the" or "a" with a member's name and the membership marks to be acceptable uses of the Marks in a domain name.
Sincerely, Mary Newill, Trademark AdministratorLegal Affairs DivisionNATIONAL ASSOCIATION OF REALTORS®
Assume that everything you see on the internet is copyright protected unless it says otherwise.
Other online legal risks….
Copyright Infringement
Attribution – Non Commercial – No Derivs
www.creativecommons.orgSix levels of Licenses
Use Royalty Free Photos
Photopin.com
IStockPhoto.comBigstockphoto.com
Fotalia.comWikipedia
Copyright.gov
Other online legal risks….
Violations of agency relationships and fiduciary responsibilities.
Client Confidentiality• Never post about properties while in
negotiations.
• Never post anything negative about a listing or a customer. (While you are at it, don’t post anything negative about another agent.)
• If you are having a bad day, keep it to yourself.
Don’t be stupid….
Found on Facebook
We showed property to husband and wife physicians who said they were not working with any other agents -BS! Fortunately their agent called because they want to make an offer on the house we showed them and she is an honest ethical agent.
We asked for a referral commission even though we are procuring cause AND she knows it - they lied to us, but had to come clean to her - so now that we know they are not very ethical people professionally would we want them to be our doctors? Would you?UGH!!!
Regulatory: Issues raised by State licensing organizations, Federal CAN Spam Act, and policies of all other Federal, State & Local regulatory agencies, regulations imposed by NAR, your State & Local Association, MLS.
The event ofE-mail
has created acommunication
shift!
The Can-Spam Act of 2003
The Basic Practices of The Act
All commercial emails must have :
• Physical postal address and valid email address
• An opt-out option must be included
• The law gives senders 10 business days to stop sending e-mail to the recipient.
• Deceptive subject lines are not allowed
Using an email newsletterConstant Contact
$15 Month for 0-500 Email Addresses $30 Month for 500-2500 Email Addresses
Mail Chimp
Realtor.org
Ethical: Issues raised by the COE and Standards of Practice of NAR, and the obligations imposed by any other professional organizations or institutes.
Includes Plagiarism and Fair Housing
“Anytime we interact in social environments online we are still
obligated by these laws and regulations.”
When writing and marketing in an online world you must follow the same guidelines you use in
print advertising
Potential Fair Housing Violations
Be cautious in answeringquestions on social networks like
Trulia, Zillow, Twitter or Facebook.
Sometimes it is better not to get involved.
Code of Ethics
Plagarism
Practical: Issues raised regarding social media policies, its use and abuse by employees and agents, reputation monitoring, reputation management, and creating a flexible platform which will respond to the changes in technology which are current and forthcoming.
What Do People Want To Read/See/Hear In Your Status Updates?
We showed property to husband and wife physicians who said they were not working with any other agents -BS! Fortunately their agent called because they want to make an offer on the house we showed them and she is an honest ethical agent.
We asked for a referral commission even though we are procuring cause AND she knows it - they lied to us, but had to come clean to her - so now that we know they are not very ethical people professionally would we want them to be our doctors? Would you?
UGH!!!
Avoid Social Media Landmines• Always make sure that your
company name and professional status are apparent on every electronic communication you make.
• Be careful about posting information about your meetings with clients or other real estate professionals.
• Don’t complain, brag, or even talk about your client’s reactions to property.
Company privacy
Social media sites are the new water cooler conversation.
Consumers are talking about you from their keyboard and smart phone. What are they
saying?
If you don’t create your own online presence it will be
created for you
Trulia and Zillow
Yelp Reviews
Angie’s List Trusted Reviews
Participation online is one of the best ways to manage your
reputation
Hub Spot: “Google is the new yellow pages.”
It’s all about finding you on line. When people Google you,
what do they find?
Linda Davis Real Estate
If Something Goes Wrong…..
Engage or Ignore?
Choose your battleground
Don’t respond in anger
Don’t make it personal
Rally the Troops!!!!
These make phone calls too!