Employment Contracts Can Protect and Propel Your Association
For real estate associations, the employment contract of the CEO serves as a critical foundation for setting clear expectations and ensuring mutual accountability.
For real estate associations, the employment contract of the CEO serves as a critical foundation for setting clear expectations and ensuring mutual accountability.
While the MLS has evolved into a technology company over the last several decades, the leadership and governance structures of these independent entities have lingered in their REALTOR association roots.
Today, local Associations provide lockbox access only to their local members. Some provide 1-day access codes with an additional cost to those outside of their territory. Others flatly refuse to provide access to members of other associations or MLSs they deem competitive. In Louisiana, for example, there are three markets equidistant from one another. Two of the three have agreed to provide reciprocal access, yet refuse reciprocal access to the third.. This type of anti-competitive behavior is completely counter to earlier proposed agreements with the DOJ that required statewide lockbox access to all licensees.
Local real estate associations play a crucial role in supporting agents and brokers, providing services that range from professional development to community engagement. But how do members perceive the value of these services? Our recent survey of real estate agents and brokers reveals valuable insights into which offerings resonate most and where associations might refine their focus to better serve their members.
After receiving about my 15th call is as many weeks from a distraught Association Executive telling me they just been fired, mostly for irrational and indefensible reasons, I just had to get my thoughts down to see what we can do to fix this systemic problem. I wrote an article entitled Why are so many of our strongest Association Executives getting fired?, about the ill-fated careers of many amazing Association staff leaders.
Now that the attorneys have been awarded nearly $1 billion, I believe we are going to see a lot more attorneys come out the woodwork to try to find additional vulnerabilities in our policies and procedures/traditions. I believe the attorneys and DOJ are just getting warmed up. Here’s one potential vulnerability that keeps me up at night….
Since the Biden Administration announced their priority to “un-tie” real estate 4 years ago, I have been urging my MLS clients to get serious about opening up their subscription services to all licensees.
What would real estate be without its unending existential threats from the legal system?
Today, it is more important than ever that the real estate industry nurtures and protects its best and brightest staff executives. We need people that are thoughtfully helping the industry navigate the uncertain waters we are swimming in right now. I have noticed an alarming trend, though, counter to this need. In the past year or so, many progressive Association Executive leaders have been dismissed without cause, advance notice, or well-documented justification. It seems as though as the market has gotten tougher the number of firings has increased. This alarming trend made me think about a few things that may be lacking in training and governance orchestration we may want to consider.
I think we can all agree at this point that keeping up with technological advancements is no longer a choice but a necessity for success. However, amid the excitement of embracing new technologies, the practical application often gets overlooked. This oversight can hinder agents from leveraging technology to its full potential, especially when it comes to optimizing the sales process.
In the ever-evolving landscape of real estate, recent legal battles and settlements have shed light on the significance of examining non-REALTOR MLS subscriptions. We discussed this topic recently in our webinar 350,000 agents don’t have to be REALTORS® anymore - Is your MLS ready? While much is still undetermined from the recent settlement, there is a key takeaway – a notable shift in the landscape concerning NAR (National Association of Realtors) membership requirements. Specifically, recent settlements, including one with Keller Williams, have highlighted that brokerages representing a staggering 550,000 agents are either unable or unwilling to mandate NAR membership or the associated three-way agreement.
For now, agents need to pay attention to the information from their MLS and their Association of REALTORS, and talk to their Broker.