Gary De Pury

@--- Debbie - Why would realtor.com care what I charge for? It has nothing to do with them. An yeah it's disgusting what I pay, I never said I have a problem paying it. I know I have to so I will. I also pay for banner ads and lots of other online marketing. That's what my business needs, so I do it.

______________________________________________________________________________________

Because reselling their items is against their policy and they will cancel your account, and they will send a letter to each one of your listing s stating that your account is frozen or canceled and no longer on REALTOR.com. And since that is pretty much your only advertising for most of your listings, (not using the Client word) you will have to refund the money they paid to anyone who asks.

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Fri Jul 10 2009, 03:58

OK, but on one condition....we have better beaches here in Florida.....you have to come here!


Gary De Pury - Wed Jul 8 2009, 11:24

Oh, yes of course. I need my fingers to be working well since I am putting in between 4 and 20 listings per day. They just come in like magic.

My next step is even better...since I know that most will expire, I am looking for agents to refer them to in other markets. Since I am not on the MLS in most of the country, and am taking the cash up front, it actually works out better that they eventually expire. Then I call a REALtor in the city where they actually live and do a referral agreement and viola...get paid again when the REALtor actually sells the property.

Here is where it get even better....now the sellers are desperate and will lower the price to anything that a REALtor who has done due dilligence and provided an actual CMA suggests, so these properties are even more likely to sell.

Isn't it briliant.

Actually, this is not how it works. I am just having a little fun here but I do have to say, I like my full service business model, but I have friends who run brokerages with other models and they work out just fine. The issue that I have is that they get a flat fee and usually end up doing ten times more then they signed on for. Good for the customer, but bad for business. In an attempt to keep the clietn happy, they go the extra mile and it hurts them sometimes.

So any flat fee guys and gals out there, I jest, but my hat is off to you because I see the level of service that you often provide and I can honestly say...not for me!

Gary De Pury - Wed Jul 8 2009, 11:09

You Forgot Lockboxes...

I put a sign in the yard....MLS Listing...and then a Lockbox. Then I price the house at about 70% of value and wait.

Sometimes my sign even has the right number...I change office numbers so often, (can't pay my bill) that it is hard to keep up.

Then I sit on the beach with my laptop and get hammered on Fu-Fu (Phoo-Phoo) drinks.

ha........... - Wed Jul 8 2009, 09:12

Yea...and hope that you get a bite, that is how one wastes time. When I go fishing, I know I am bringing something home.

Fred, I see your reasons for lashing out and that you are just defending your business model...and I bought it.

But then I went to your website and it seems that your entire business model is based on one thing, and that is making dispariging remarks about other business models and "traditional realtors".

I see that you point out that you will put a listing in the MLS, but that it is not a local MLS. So if Justing here were to pay your flat fee...would he be in his local MLS? Because later on you make the comment that...Buyers agents are only interested in one thing...that is finding the right home for their clients. OK...gotcha, but how dfo you propose to attract those buyers agents? If you are not on the MLS in that area, how would that buyers agent find you.

Frankly, I found your website to be very misleading. The general public could be harmed by your site. Good old Justin here might believe he is being listind on the MLS, and he is....in Connecticut, which gets him on REALTOR.com...but that is not what your website proposes.

I am sorry if you think I am attacking you, but you leave a lot to be desired in your website, and I can point out several places where you are in direct violation of the Realtors Code of Ethics. I would suggest that you make your site more friendly to other Realtors, if you don't want to be in violation and get picked on for your choice of business models, and make it less misleading to the general public.

Until you have done that, you really have no place trying to defend your business model because it is not based in truth.

Gary De Pury - Mon Jul 6 2009, 08:02

Fred,

The thing is we are both fishing...I just like to use a guide.

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Mon Jul 6 2009, 06:39

I Agree (and thumbs up) with John. Brenda did hit the nail on the head, although I would like to point out (jokingly and kindly) that points 1 though 5 and then 7 all involve networking.

You see, all the education in the world is great, but it still goes back to networking. The person who currently holds to office of President (notice how I said that) is a great networker and knows or knew the right folks...that allowed him to get the job he has. Good REALTORS work..Great REALTORS network...

The more people you know, the more potential that your homes will sell and that is what you want in a REALTOR. Someone who is active in the community, has the experience to do the mechanics of the job, and most importantly, someone whom you trust and like that you think will get the job done.

I personally don't have a GRI...and don't know when I might get around to it. I have hundreds of thousands of dollars worth of education, (thank-you US taxpayer) and much of it applies to the business world....but my clients could care less....they choose me because they know I know a ton of people and will get the job done.

Find that guy and hire him (or her) and you will have success. If you hire the guy (or gal) that is already preset in your minds eye....the one who puts a sign up and puts the listing in the MLS....you are going to be disappointed.

With that said!

I am,

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Fri Jul 3 2009, 19:09

All I was really trying to say is networking.

Gary - Fri Jul 3 2009, 14:02

Happy hour!!!!!!!!!

I go to happy hour...

and meet people...

give them my card...

they remember me...

I add them to my list...

and send them emails...

they tell coworkers about my emails...

the coworkers like the houses...

they call me on my cell...

we go see the houses...

we turn the houses into homes...

I go to closing...

get a nice cheque...

give the cheque to my wife...

she gives me my allowance...

I spend it at happy hour...NETWORKING!


Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Fri Jul 3 2009, 11:38

Russ,

"By the Code of Ethics all agents have to show all listings that meet their buyer's criteria no matter what the commission is"

Where is that in the Code of Ethics....?????

I have been looking for that since the begining of the thread and darn it I can't find it....

"If a buyer's agent gets caught picking homes simply by the commission they will have an Ethics violation and will have to pay the penalty for doing so."

Again....what is the penalty?

Please help, because I am in deep trouble since I refuse to work for certain amounts....

Help me please.....I must be looking at the wrong code.

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Wed Jul 8 2009, 11:20

This thread has been beat to death......and I am going to stop comig back to it.,.....

But here is the answer in the simplest form....

Steve, let's say that there is a Realtor who will not show houses that pay less than X percent.....and your house is very unique.

Let's then say that this same Realtor has the ONE buyer who would have loved that house in the first 2 weeks that it was on the market...but that Realtor wouldn't show and that buyer didn't see it.

All mythical violations aside, and all morals or ethical questions addressed or ignored, I would say that since that one buyer didn't see it and it didn't sell, yes, your sale was hurt. Now you have to start price reductions and other desperate tactics....



Gary De Pury
Bay Vista Realty
Tampa, Florida - Mon Jul 6 2009, 08:33

Oh...not me...I will list your property for 8 bucks. I'm scared of negotiations and freak out during a blue light special. I don't even use coupons because they make me interact with the cashier.

Bobby-Buywrong
Discount Brokers International - Sun Jul 5 2009, 08:44

JR...lokk at his website...he is one of those seminar buyers that will buy your home for 50% of value and scare you away from Realtors, Attorneys and other folks who have morals. (I know, I am attorneys of having morals, but most that I deal with do.....)




Gary - Sat Jul 4 2009, 07:09

I see you got most of my point...the terms Schmuck and bad businessman were illustrative.

Let's address the issues on the table.

In your first answer you begin with..."Ethics doesn't have a fine line, noting is written in stone." But you see it is. We have a very specific code of ethics that we are held to. We REALTORS love to toss this term "unethical" around when speaking about other Realtors actions, when we should be using other words.

When I sit on an ethics panel in judgment of a fellow REALTOR, I cannot go out to Wikipedia and rule by use a vague concept of how he/she should have been raised. I MUST stick to the REALTOR'S C.O.E. Some REALTORS tithe 10% of every commission, but then cheat on their taxes. Can I label them as unethical...no, because the COE does not address our duty to GOD or the IRS.

I can't sit there and lecture on what he/she should have done based on how I was raised. I might personally decide that I don't wish to work with that REALTOR in the future, I may even sneer and make a joke at his expense after the hearing, but until that time I must read and decide based on the evidence placed in front of me and the principles in the Code.

When tossing around the label "unethical" we open ourselves up to an actual, supportable, and actionable ethics complaint.

As to the specific Standard you referenced....1-13, first it is just Article One The Standards of Practice are a guide and do not abrogate any part of the article. The article says

"When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01)"

So when I am taking a client out to view houses and I decide that I will only work for X dollars (can be any percentage, based on potential sales amount) or above, then am I, per the scope of the Article, unethical? - Sat Jul 4 2009, 04:34

Now let's take a look at SOP 1-13.

When entering into buyer/tenant agreements, REALTORS® must advise potential clients of:

1. the REALTOR®’s company policies regarding cooperation;

(Listen guys, I get paid for my work...if I see a property that you may like, but doesn't pay me enough, I may hand it to you and tell you to call the listing agent personally and bow out. Is that OK with you?)



2. the amount of compensation to be paid by the client;

(Typically my fee is in the transaction, but sometimes it isn't. At that time, we have a decision to make, I do like food with my meals and will ask you to ensure that I walk away with at least x dollars, will that be ok with you.)


3. the potential for additional or offsetting compensation from other brokers, from the seller or landlord, or from other parties;

(If you really like that property, you are going to have to make up the difference to me at closing, or you can deal with my wife....cause I am not telling her I sold another one with no cash...)


4. any potential for the buyer/tenant representative to act as a disclosed dual agent, e.g. listing broker, subagent, landlord’s agent, etc., and

(here's a form for you)


5. the possibility that sellers or sellers' representatives may not treat the existence, terms, or conditions of offers as confidential unless confidentiality is required by law, regulation, or by any confidentiality agreement between the parties. (Adopted 1/93, Renumbered 1/98, Amended 1/06)

(Oh yea....don't talk in front of anyone else.....got it?)



So David and all the other folks that have followed this thread from one simple question back when Bill Gates was on a slide rule........

Again, it is not unethical to refuse to show properties that will not pay a commission which is commensurate with the Agents time value. It may be dumb, it may cost future business and yes...it may be schmuckly (sp) but it is not unethical. What is unethical is the act of telling clients that there are not homes that meet their criteria when there are, based on the commission paid, UNLESS you disclosed that you would not show them homes that would not pay you enough...

Finally, I am just another Broker out here doing a job, but using the opportunity to teach and inform. The Code of Ethics is in every agent file in my office. I train my folks with it all the time and we live by it. I will use it to guide and teach when ever I can...it is often referenced but not studied or read. So if my post made you Google and read it, then I succeeded in educating a mortgage professional and now you understand more about we REALTORS than you previously did...which will hopefully prevent you from believing things like

"only thing a Realtor is protecting is their comish."

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Sat Jul 4 2009, 04:33

Again....please tell me where the ethics violation is....please someone....

Let's say that you are my client and I am showing you houses...I don't feel like showing you anything that will not allow me to take my family on a 6 day vacation.>>OK...that makes me a schmuck and a poor businessman, but it is unethical.....????

Before you answer...go read the COE because I am going to quote from it in my response...

My point is that apples are apples and oranges are oranges. We love to say this and that is not ethical...but don't be fooled...read the COE and remember...it is the guidance, not what-ever touchy-feely idea of good vs evil is in our head....


Oh and yes to the emailer....I am Mystery Safe Gary...not sure how you knew...but yes...that's me.



Hey guys the Bass were biting today...The Sangria will be biting tonight

Call me....



Gary De Pury
Broker Owner
Bay Vista Realty
Tampa, Florida - Fri Jul 3 2009, 17:56

I do apologize...as it seems that I fight unfair. I am a trained interrogator and negotiator (military) so when a client asks me to lower my percentage, I waterboard them and then put them in a stress position.....

Hey, will someone call me when this thread gets to 1000. I'm putting the boat in the lake and will be away from the computer.

Gary - Fri Jul 3 2009, 13:20

Rockinblu.....Do you believe that I am the parker person that you spoke of?

I could not find another prominent post from Tampa after the Billy Mays (Great guy by the way and I will miss him) style of pitch from Brandy, which leads me to conclude that you may believe that it was me.

I assure you that I have no need to hide behind an alias, pseudonym, or false persona. I have no need to change personalities, locations, or opinions. Your accusations are baseless and since I am not cowardly, and put my own face and name up here, I expect to only be attacked by real men or women with the courage to do the same.

Finally, make sure that you respond wisely, your IP address is tracked by Trulia, and very easily obtained. Your responsibilities to the forum and to your fellow writers are to be fair and factual and if a person ever deemed it necessary to defend his honor, in a court of law, your identity will not remain secret for long. You will be trounced and beaten via the American Legal system within an inch of your bottom cent. Tread lightly, or at least research me before you go any further, for I am not a person to take lightly.

Good Day

Proudly,

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Fri Jul 3 2009, 05:11

Brandi...Great commercial 7 posts back. Who do you market the homes too....????

And Kathy, while I agree in part, the clients needs do come first, they don't come above my families needs. Again, show my anywhere in the COE or the law of any state where it requires me to work for free. D

I am just being honest when I say that I enjoy food with my meals...I like to get paid and I earn my money. Brandi has in one thread demonstrated her entire negotiating strategy. She works for less and "prices it right"

Hey, no offense, but I price the home to sell and charge a commission that is commiserate with my negotiating experience. All of the marketing in the world will not bring a buyers agent who also like food with his meals if I am not going to provide a competitive amount.

Gary De Pury
Broker-Owner
Bay Vista Realty - Tue Jun 30 2009, 20:15

What deserves repeating (besides an English class or two) is a good reading of the anti-trust statutes.

There is no violation of the law when providing examples.

If I were to say...hey....let's all charge X percent, then that is a clear violation.

If I were to say...I think all listings should pay X to Y %...That is a violation, but not as clear.

But if I say, I showed a house that was paying 2%....then that is a statement of fact and not a violation of the antitrust laws. Quit telling people how to voice their opinion. Read the law, understand the law, then give advice

Gary De Pury
From the Mountaintop - Tue Jun 30 2009, 18:07

Well, since I disclose everything at all times then there really is no issue...is there?

Here is the deal....Back when I was an Army Counter Intelligence agent, I had a pay grade...I kept it every day...
Some days were harder than others and I worked extra hard, and then there were easy days...but I kept my pay grade and fed my family.

Why should I have anything different occur now?

Also Show me the ethics clause where it states that I have to tell my clients that I work for x amount or y amount. Ethics is more than just some feeling that one gets...it is more than a warm fuzzy....It is a code and it is Black and white....and I abide by it and know the code inside and out...show me the article that you speak of....

Gary De Pury
Beyond Reproach - Tue Jun 30 2009, 17:49

Steve,

I was showing homes to a family recently. There were two almost exact homes in the same subdivision except one had a much nicer pool.

The first home was 340K and paying 2% and the second was 355K paying 3.25%. The nicer pool home was showing three times more and was 15K more.....but it had a nicer pool....I don't think that the pool was attracting all those buyers.

Long story short....Home 2 sold at 350 and Home a sold at 299 with the next Listing REALTOR.

The numbers are this....350 times 3.25% = more profit than 299 x 2% (oh, yea, the second listing agent was paying 3% but it was too late, the property was damaged by being on the market for 7 months.)

Finally, no-where in the code of ethics or or law does it say that a REALTOR MUST work for an ammount less than we feel our time is worth. I have been told I am unethical for not wanting to work for a percentage less than I feel I am entitled to...OK...thanks for your opinion!

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa Florida - Tue Jun 30 2009, 16:46

Lisa, short of contacting an attorney, read the Fair credit and debt collection act. If they threatened to freeze your account, or call your employer, or any other threats, you need to call an attorney. They can't do it or even say it.

There are attorneys that handle this type of case on a contingency basis, meaning that they get paid when you do, and they will sue the bank and get you paid. I have a number of an attorney in Tampa that does this type of work if you need it.

I hope this helps.

Gary De Pury
Broker-Owner
Bay Vista Realty - Mon Jul 6 2009, 11:04

Ha....I love the last line. Do we say that too much?

Anyway, the best thing to do is exactly what you have been doing, research!! If we are guilty of claiming that the market is turning, it is because we are optimistic, but I am attaching the numbers for you via a Link.

http://www.mfrmls.com/documents/4YrBoardStatHistory_TPA.pdf

Take a look for yourself and see what you think. The June numbers will be out on about the tenth and this same link should take you to them. As the inventory shrinks, the sales prices will improve, and so on. But if the inventory grows again, then we stay where we are.

I hope this helps and good luck.

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida - Mon Jul 6 2009, 10:57

Jack,

DO you want a good deal on a house or do you want to have your agent work for what you want him to work for?

Sign a Buyer / broker agreement that says the following...

Both Buyer and Broker agree that all commission will be rebated to the buyer. Broker agrees that Buyer will pay paid hourly at the following rates.
$_____ Dollars per hour for all time searching MLS and other sources for Buyer.
$_____ Dollars per hour for all time in field either showing houses or previewing houses.
$_____ Dollars per hour for all time preparing contracts and addenda.
$_____ Dollars per hour for time expended during negotiation phase.
$_____ Dollars per hour when meeting inspectors, appraisers or other service providers.
$_____ Dollars per hour at closing.

That should fix your issue.

Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida

Oh...I have never even been to Seattle. - Mon Jul 6 2009, 09:54

"First and foremost, agents are obligated to show you any house that is suitable to your needs. "

Really.......I can't find this anywhere. Please educate me since I must be in violation, because I drive my clients right past FSBO's all the time that are identical to the house we just looked at.

I need that information so that I can not be in violation of the code of ethics.......

I love this part.

David, your part of the COE that you posted is dead on...gotta love being armed with the facts.

Jack, Good luck, but there seems to be a trust issue. I would say it is time for a come to Jesus meeting between you and your Realtor, and don't be shocked if he fires you afterwards.

I have never had a client tell me that they needed to know what I got paid. I understand why you desire that information and can certainly agree that you would need to know, so do this. Find out how much he expects to get paid, and sign a buyers broker agreement with him with a promise that you will pay him that amount.

Now if he shows you a house that only pays 1% but he expects 2.625879% and you signed that agreement with him, and buy the house, then you owe him 1.625879% and if he got you a good deal on the house, then it shouldn't matter.

WOW...... Hey, Steve get back to me on that whole obligation issue.

Good luck...
Gary De Pury
Broker-Owner
Bay Vista Realty
Tampa, Florida. - Mon Jul 6 2009, 08:24