One of a real estate agent's main fiduciary duties to a client is confidentiality. I don't think anyone could dispute how important this is. So why then do so many people breach it on Facebook and other social media?
I have seen a ton of agents do it every day on Facebook, posting things like:
"My listing on __________ just got a showing for the first time in over month."
"Just sold my new listing in 10 days! Now sellers need to buy quick...does anyone have something coming up in the _________area?"
"My first-time buyers are negotiating on yet another home, hope the third time is a charm."
Before I discuss what is wrong here ( Note: I am NOT an attorney and nothing here should be construed as legal advice or interpretation of the law ), let me share this from the Ohio Revised Code 4735.51 regarding the definition of confidential information:
"All information that a client directs to be kept confidential or that if disclosed would have an adverse effect on the client's position in the real estate transaction, except to the extent the agent is required by law to disclose such information, and all information that is required by law to be kept confidential."
All of the examples above may seem fairly harmless, but could very well be deemed a breach of client confidentiality. Sure, this information may be irrelevant to many people on Facebook, but what if a local agent who you are "friends" with happens to see your posts. Could any of this information hurt your clients' position if in the wrong hands? I know if I were buying or selling a home, I wouldn't want my agent sharing anything about my situation on Facebook.
I'm not saying that agents are committing major crimes on Facebook and Twitter, I am merely suggesting that people think long and hard about their fiduciary duties before posting things. Just use common sense. I realize that everyone wants to tell the world how busy they are with buyers and sellers, but just be careful what you are sharing.
Confidentiality is owed to our buyers and sellers, so let's not let our exuberance over social media overshadow our sacred duty to our valued clients.
If you liked this post, please subscribe to our blog. We always appreciate having new readers and more importantly, enjoy making new friends.
If you enjoyed this article, here are some others that may interest you as well:
Is Your Message Being Tuned Out?
Real Estate Agents Are Not Just Door Openers
Is Zillow Really Accurate? Take A Look For Yourself
*********************************************************************************
About The Authors:
Dan and Amy Schuman service the Cleveland, Oh metropolitan area and specialize in Cleveland luxury homes and working with buyers relocating to Cleveland.
LET'S CONNECT:
Is Social Medial Killing Confidentiality is the property of The Schuman Team and may not be duplicated or used without their written consent. ©March, 2011
Disclaimer: The Schuman Team practices real estate in Ohio. Since many states have different laws and protocol regarding a real estate transaction, we recommend consulting a qualified local legal professional prior to entering into any written agreement. This blog contains observations and opinions related to our first hand experience working with buyers and sellers in Ohio, but should not be construed as legal advice. Accuracy is not guaranteed.
I am suggesting this Dan and Amy, it is so relevant right now. Those do seem like harmless comments but you are right...we need to think about what we are writing.
Cindy in Indy
Thanks for the post. As they say, Garbage in, garbage out.
Many agents and public in general posts stuff that belong there. SM is for engaing with each other. One has to be discreet about what they post, inluding post for real estate or other content.
People posts stuff on thier sellers, good or bad, post stuff of ther buyers good or bad, and people post stuff like we are going on vacation, see my pics of our kids etc....
One has to be alert on what they post. SM is a great 'tool', it can also be dangerous and hurtful.
Every agent, broker, REALTOR needs a crash course on public relations. When they open their pie hole and shout with the outdoor recess voice that real estate is just awful, terrible and the market could not be worse...maybe that is the case in their area. But not in mine. Don't try to speak for the country when you spout about real estate this or that. The transmitter is more powerful with social media and reaches further, more often with frequency. Be careful what you say and is it positive or like shooting yourself in both feet? Having a bad day, don't whine about it on line is a good rule. Go off by yourself for a walk and regroup. On line grumbling and agents, brokers bickering is why we have a reputation less than where most of us would like it out among the public, the media. Public relations starts with us.
Dan & Amy--And these are the same agents who walk around the office making the same statements to fellow agents who might just have a buyer interested in looking at their sellers' property. Yikes, it's scarey . . .
Dan and Amy, This should be an alert to all of us. We certainly need to be careful if we are using Facebook and other Social Media.
Congratulations on the Featured post too.
Dan, I could write a book! When I was a BIC of a large office, I found agents going through files, a lock fixed that. My interest now is what about the other offices that do not utilize locked files? Talk about shopping offers...the inhouse sales at a $100 over what other clients have offered are way too scary...I for one hope that this practice stops!!
Dick Beals
Excellent post! This should shed some light on the ignorance of many.
Great post, Dan. I see a lot of that as I DO have Facebook friends who happen to be realtors. Sometimes I'm floored by the unsolicited info coming off of their status updates. This is a great reminder for everyone.
Agree. Think before you write and ask yourself what would your customer or client think if they read this?
Dan and Amy, I can see what may be a harmless statement can come back and bite a buyer or seller. Thanks for the reminder.
Dan, It works both ways...sometimes to advantage. We recently had an offer where the agent knew the listing agent across the street (whose sellers are VERY tight with our sellers), so because our clients talk to their friends, who talked to their agent...who talked to the buyer's agent.....they knew there was another offer on the table and came strong with their offer. They got the house.
Great post. It amazes me how much information is posted on socil media that is privledged information. I mention this on the facebook classes that I teach at my office and was shocked when I got the surprised looks from the agents. Careful what you post on social media and the internet because it lasts forever!
These are the same people that have big mouths at office parties, PTA meetings and soccer games. Only the medium changes.
I don't discuss specific client issues on facebook. Just like I don't make them public in a restaurant, sporting event or social gethering.
It can work well, as Bliz mentioned...but let's talk about clients talking on facebook - I think I need a whitepaper to help my clients understand how to keep their comments SAFE.
Dan, great post. Like any other "tool", SM can be used to great advantage when used properly. When care isn't taken, great harm. Great reminder about the value of common sense.
Common sense... some here think you can post confidential info to Members Only posts here if you want to blow off steam, only 204,578 of your closest friends and anyone who joins in the future can read it.
Social media is the same people who don't get confidentiality in real life with a megaphone.
Congrats on earning Featured Post. I knew this was a winner.
It is the same stuff people talk about in restaurants and bars with their colleagues. The big difference is that in the restaurant or bar, nobody is recording the conversation for posterity. People just forget that Facebook is social, but it is business too.
Many agents don't know how to say something in the public domain like they would in a press release. The words have to be carefully chosen to convey the right message. In the examples you posted, the first one is bad - listing hasn't been seen in months. That's not good. But, it's also something that could be discovered easily by asking the listing agent about activity.
As I see it, we need to talk about only those things that could be derived from public sources or through a question that could be asked and answered in a normal conversation. Anything else should be kept quiet.
AGREED... ABSOLUTELY! The writing on your wall may come back to bite you later.
I would hope that Agent's "professional side" would remind them to not name names in their enthusiasm to report that they are working once in awhile. Good grief, who in their right mind is saying things like "Hey, I showed houses today." Like an accountant reporting "I filled out 4 tax returns today." The REAL trouble occurs when they say things like "Linda Smith had her loan denied due to bad credit today, so now I have to find a rental rather than a For Sale." Oh yeah, how's your E&O policy?
I agree, fine line between sharing about your day and sharing other people's business.
Some people just don't think before they jump.
I know Dan that sometimes when I'm working with a trying situation, the first thing I think about is how I'm not going to post it on ActiveRain. I don't know who might be reading it that might tie it to any particular deal that I'm working on. This is a great post for agents, buyers and sellers.
Of course they are and it's silly because nobody really wants to read that garbage anyway.
Yeah, we all need to think about what we post...........I know I've been guilty a few times of posting things that were borderline...............thanks for the reminder and the great post. Not surprised at all this was Featured, Congratulations!
Amazing what some people are willing to share in cyberspace.
It's a good idea to Google your own name and website from time to time, to be reminded of what you've put out there and make any necessary adjustments. It's a good way to keep your cyber house clean.
Cindy "in Indy" - Thanks for suggesting, hopefully this will help spread the word to be a little more careful on social media. I saw that Butler won last night, you must be happy.
Mahesh - Thanks for reading and commenting. Just a little common sense and awareness is in order here, nothing too difficult.
Andrew - Public relations does start with us, and agents that post things they shouldn't are hurting not only themselves, but the rest of us as well.
Mary - What happens within actual offices is much scarier than what goes happens on line. I think agents sometimes put their guard down when inside the office thinking it's safe to talk about anything with their peers and often forget about confidentiality. Thanks for the star below:)
Jerry - You don't seem to be the kind of agent I would worry about here, but this will hopefully be a friendly reminder to those who do post some questionable things. Thanks for commenting.
Dick - Great point, keeping files unlocked can pose a huge risk. We actually just talked about this at a recent CE class. Luckily, all of our files are at our home office and the only ones allowed in there are me, Amy and our dog, and she's pretty harmless:)
Justin - Thank you so much for reading and commenting. I guess it's always good for people to read a reminder after once in a while of how to properly engage when on line.
Sylvie - I wonder if agents ever become "friends" with other agents in their market with the sole intent on getting some insider info from them? Hmmmmm....
Jeff - That's a good idea because a client may actually be reading the things we put on line in posts and blogs as well.
Michael - If an agent is even hesitant about the information they are posting, they should err on the side of caution and simply not post it.
Bliz - I have no problem when info is leaked and it helps my client, I'm all for that. I just don't want to ever be the cause of that information getting out.
K.C. - I think people just don't give it much thought. Sound like a very interesting class.
J. Philip - You seem like the last guy that would ever break a clients confidentiality and you're right, it happens everywhere.
Dawn - This is a topic for another post. We have had a few clients that post everything on FB including info pertaining to their housing situation. I just cringe every time they post.
Chris - To a lot of us, common sense prevails. But there are certainly a small minority in our industry that don't seem to use it as often as they should. Thanks for commenting.
Maureen - Very well said.
Chris - Good point. I have overheard agents at restaurants and in public talking about things they probably shouldn't, but posting it on line is entirely worse.
Jeani - Sounds like a great class. I've never seen anyone actually put in a clients name and address, now that would be blatant, but not surprising.
Bryan - I think some agents need to be trained from day one about the importance of confidentiality and all aspects of their communication. Luckily for me, I have been working with high new worth clients since I came out of college and learned early on about keeping my mouth shut.
St. Cloud - I'm just waiting to read an article about an agent who gets in trouble because of a FB post. Thanks for commenting.
Curt - Agents would be much better off sharing valuable information on line and stop talking about the mundane details of their day. Thanks for reading.
Kevin - It is a fine line and I do understand that people sometimes get excited to share things with their friends. It is often well intended but could end up to hurt someone.
Rita - Isn't that the truth. I'm the total opposite though.
Charita - I'm naturally not overly emotional and keeps things to themselves but I certainly understand that some people like to use social media to vent about things, including their clients.
Morris - Some of these agents need to focus more on how to share helpful and valuable information to their sphere and they may find much better results.
Roger - Nice seeing you. Your so open, honest, and up front so that doesn't surprise me that you could post some borderline things on occasion. But since you're not an agent, you may not have the serious repercussions that the rest of us would have.
Anthony - Good idea, thanks for sharing.
I never discuss current clients on my Facebook. I am friends with every client I have had or currently have and I know they wouldn't want me blabbing about it either. I am also not friends with any other agents in my area. No reason to be. Great post!
I wrote a similar post this week about the dangers of the SELLER putting out information about the home selling process or their upcoming relocation on Facebook. It works all ways to destroy their negotiating position if the right buyer or their friend sees that information. Seems harmless enough, but we all know that it could be an issue.
Well, we all definitely have to be very cautious about what we are putting out there in the public eye.
You make a good point.
"Just Listed" and "Just Sold" are about all we need to post while a transaction is in process.
After the transaction closes, we can change client names, and tell their story as EVIDENCE OF SUCCESS for folks to read about us, and our skills at our craft.
Some agents need to be a lot more careful. As they used to say, loose lips sink ships.
From a Social Media POV, this post does have validity. However, I think the title of your post conveys a completely different message than your post. It says that Social Media is the enemy here. Social Media is a blank wall. Imagine if you saw "My clients can't sell their House" signed off by "Phil the Agent," spray painted on the wall of a building, you wouldn't chasitse the wall for 'Killing confidentiality."
Consider Social Media a blank wall. It only exists when PEOPLE use it. I'm just saying don't blame Social Media for this. It has nothing to do with Social Media, it has to do with that person in general. Because it's available doesn't mean you have to do it.
I agree with Mahesh, SM can be a great tool, but it's up to people to use it effectively.
And just a thought, but if people bitch and complain on Facebook about sales going sideways, they're probably doing it in real life as well, and isn't that also a breach of confidentiality? So why should one platform take the brunt of it all because people don't understand it's use. People can buy a car and crash into everyone they want, but it's not the car's fault, it's the person that is driving it. Same thing with Social Media. It's not the platform, it's the people using it.
Great post... I see a lot of agents that keep it generic "offer accepted" or "final walk through today" which I think still gets there point accross without being too specific. Whether we think it will affect someone or not all it takes is one person to be affected or offended and then you have a mess on your hands!
Christiansen Team - That's a good policy to have and also nice to see that you're friends with your clients. A good way to stay in touch with them.
Karen - I'll have to check out your post. We have had sellers who post everything about the selling process out to their friends and it drives me crazy, even after I've warned them.
Melissa - Thanks for commenting, a good reminder is sometimes helpful to everyone.
Erick - During the transaction is where some agents need to be careful. I have seen some posts about inspections and negotiations that probably shouldn't have been shared. Thank you for your comments.
Bruce - Great quote, and so true.
MK - You bring up some good points and I actually thought about some of these things before I made the title. I personally love and embrace social media and certainly don't blame the platform. It's treated us quite well. I asked the question in the heading to invoke some interesting dialog, and appreciate you sharing your thoughts. So I guess the answer to the question would be NO, social media isn't the problem, but people misusing it are. I don't think anyone could argue with that reasoning, but they are certainly open to try.
Dan & Amy...you are very right, thank you for sharing. It is soooo easy to get on a social platform and spout off about something but we do need to think long and hard about what we write about.
There are a lot of great points made here.
I think they should be required reading by the many regional associations of realtors to their newly joined members.
Our society is now based on transparency. The younger generation has a differrent idea of what is confidential and what is just information shared. I hope that everyone who becomes a real estate agent has a broker that can help them and guide them thru good and bad, right and wrong.
Some people just don't think! Maybe it is the same agents that don't return phone calls either!
Just checked out all your stuff. Good work on embracing Social Media, you guys are way above the curve when it comes to this stuff. Good work on your youtube channel and adding more to it then just your listings. Your fanpage is awesome too. Guess this is a bit of a ramble... simply put, well done!
Dan & Amy....I have thought this myself. I've seen a little too much detail on Facebook and Twitter too. I may tweet about a sale I just closed - I disclose the address but nothing else. I've seen tweets where the agent disclosed name, address & sale price. Now, I know most of that is public record but most people don't actually go & look it up. I'm not sure most new homeowners want their name, address & sale price put out there for all to see.
Dan and Amy, this is a great reminder that we need to be careful what we post on Facebook. It very well could compromise a buyer or seller in the examples above.
Sharon
Great post! I see posts from agents on Facebook and other social media sites that just shouldn't be there. I think it's great you're making more people aware of that here. Great job!
Hi Dan and Amy,
You brought up a great point. Yes, you really do have to be careful with the information you share on social network channels. Sometimes you can get wrapped up in it and forget about your duties owed to your clients. Thanks for reminding us to be mindful of the information we share with the world.
Cheers from Lake Tahoe,
~Grace
Tell the story after it closes but do change the names!
Confidentiality is a learned skill. I actually had to learn to be less confidential when I got into the biz because some stuff is NOT confidential and it works to my client's advantage to tell SOME things. In the law, you don't have that flexibility. The lip stays zipped.
It's not just Social Media where such wrongs are exposed. Ever attended the weekly company office meeting? It's amazing what information is divulged as agents discuss their listings!
Everyone needs to remember that what is on the Internet will be there forever!
Thanks for making us all aware of our responsibility to our clients.....especially when communicating in the Social Media area....
Hi Dan. Yes, this is so stupid and irresponsible of people. This sort of info should never be put in the public domain.
TRANSACTION BROKER NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS
DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM
OF REPRESENTATION.
As a transaction broker,________________________(insert name of real estate firm and its associates),
provides to you a limited form of representation that includes the following duties:
1. Dealing honestly and fairly;
2. Accounting for all funds;
3. Using skill, care, and diligence in the transaction;
4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;
5. Presenting all offers and counteroffers in a timely manner, unless a
party has previously directed the licensee otherwise in writing;
6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a
price less than the asking or listed price, that the buyer will pay a
price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer
will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and
7. Any additional duties that are entered into by this or by separate written agreement.
Limited representation means that a buyer or seller is not responsible for the acts of the licensee.
Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited
representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the
seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a
transaction broker to both parties.
There is no fiduciary responsibilities in a transaction broker - you need to know there are more than one representation to buyers and sellers in all states...
I have to agree. I am very surprised at some fo the stuff I read online about deals in process. We need to keep our fingers off the keyboard when it comes to oour customer/clients. Write about the situation AFTER the transaction has closed. And write about it in an anonymous way.
Even though we are transaction brokers in Florida (mostly) we still have some confidentiality.
It's easy to feel like you are writing in a journal, when you are posting. There you sit, in your own surroundings, alone. Now, imagine if you were on a stage infront of all the people who will see your post. Would you still say the same thing? If the answer is yes, post it. If not ...
posting on Facebook is so dangerous because people tend to forget who can see what they've written. It's like the child that closes his eyes and thinks that no one can see him.
Abdon - Generic makes a lot of sense, that way you don't put anyone at risk.
Kim - I think the ease of being able to type a post in 10 seconds certainly makes it easy. Thanks for commenting.
Sandi - At some point, I wouldn't be surprised if CE classes come out pertaining to social media in general and include proper ways to communicate. I've heard some agents here mention classes but I haven't seen any here in Cleveland.
Navona - You make a great point. The word transparency is such a buzz word today that some people do take it a step too far.
Brenda and Ron - Most of the agents who are doing this probably don't give it a second thought but I'm sure aren't doing it with malicious intent.
MK - Thank you for the kind words. Glad you commented here because it's always nice to get thoughts from a non-agent, especially someone like you who specializes in social media.
Christine - I suppose it may be a little different once something is officially public record, but I think a general post would still be effective enough to get your point across.
Frank and Sharon - It's just a matter of time until it becomes a headline in the papers.
Colleen - Maybe people will read this and just give a little more thought to what they do.
Grace - You're welcome, thanks for reading and commenting.
Markita - Once it's public, it certainly doesn't seem like it would compromise anyone's position.
Tni - I had that same problem and am still more cautious than I probably need to be. I was trained a long time ago to be very private with clients' information. Thank your for commenting.
Mike - You mean an agent saying something like "my listing on _________is listed for $300,000 but I want everyone to know they are getting divorced and really need to sell"....no I've never heard that:) It's a shame but does happen all the time. Of course if the seller gives permission to reveal that info, that's a different story.
Sharon - It sure will.
Ronald - Although I wrote about it happening in social media, I guess we should all remind ourselves to be careful anywhere in public as well. Thank you so much for reading and commenting.
Debbie - Although it may be a little different from a fiduciary point of view in your business, I'm sure as a business professional you also keep things private regarding your clients as well.
Nicholas - I'm glad you provided this informaton because it is a a great point that some agents and states operate differently than others. I appreciate the education because I personally wasn't that familiar with the duties of a transaction broker. Whether it is required or not, I still am of the mindset that certain things should be kept private, just from a business perspective. But then again, I have a financial background where I was trained early on not to reveal anything about anyone I worked with, so I am a little strict on this issue. Thank you for commenting.
Bryant - That just makes good business sense to me. It seems just like common courtesy and respect to keep things quiet whether dictated by law or not.
Donna - Now that's a great way of looking at it, thanks so much for adding to what has already been some great dialog.
Colleen - It's really not as private as many people think, but people are learning as it becomes more popular. Unfortunately, some of our peers may learn the hard way.
There's a difference between business talk and babbling. It seems a lot of real estate agents like to mix the two. Give me the facts - don't babble someone else's secrets.
All of us need to understand that if we would not put the statement in a "Print" ad or in the "REMARKS" section of the MLS , it does not belong on a SM site or from our lips.
Both our buyers an/or sellers information should be kept confidential unless they direct us otherwise
There is another reason not to post that kind of information. IT'S BORING!!! No one cares, and you will likely just be de-friended or your posts "hidden". I regret friending so many agents when I first started on FB. I friend my customers to stay in touch and thats it. If you feel a need to talk about real estate create a business or community page and post useful information. No one really wants to hear about the minutia of your day
I change the names to protect the innocent (or guilty) and I'm never specific in addresses or details.
If they're looking for gratuitous information, all they'll find on my Facebook page is informational how-tos, watch out for lists, building material recalls... and me thanking God at the start of every day for my hot cup of coffee! Hehehe!
Using social media to discuss your specific client related business is utter stupidity. Nothing I post on LinkedIn, Facebook, Twitter, YouTube, or any other media EVER discusses any client specifically.
With any post you ever make regardless of the location, you should always ask yourself 6 fundamental questions:
If I can't answer all of these questions in an affirmative and positive way, it simply doesn't get posted.
We Realtors need to hold ourselves to a higher standard than the
It'snot just in Social Media; they say it in office meetings, casual talk at the water cooler, on the phone when you call for a showing, open houses, emails...etc.
Good post topic. I agree with the several agents who stated these would be the same agents who gossip in the office about contracts, etc. They also have difficulty with the concept of dual agency. I'm thinking they may also be the agents who won't pay attention to this blog. Very sad.
Don't put anything on the internet that you aren't prepared to see in the headlines of your local newspaper!
A good reminder to watch what we write and say. Thanks.
Great post! Just as there are states with confidentiality only to the client and states with limited confidentiality, there are states that require confidentiality to ALL parties - both client and customer - at least one that I know of. In Wisconsin, that's the law and I read and hear things that shouldn't be posted or said! Thanks for bringing this topic up!
Oh yes. Us agents just love to talk - don't we!?
I 100% AGREE! We are breaching our fiduciary responsibilities with posts such as what you have eluded to. Maybe its time to include what is proper and improper with regard to social media in pre-licensing classes as well as mandatory continuing education classes. Is this something that NAR should add and include in our biennial ethics training?
Agents on Facebook seem to do nothing but brag, brag, brag about how well they are doing It's boring and I hide most of their comments. Do they have a clue what social media is really for? I don't think so.
Dan, thanks for writing this great post and very deserving of the featured position. Though we are transaction brokers in Florida, I agree with #63 (his points 4 and 5), what would our clients think if they were to read those comments shared in social media? I also agree with you that we have to set our own principals by which we work (our own personal reputation) regardless of what the board or the rules are. I personally believe that every little detail about a client will compromise their position at some point if shared, so my favorite response even when asked is "I am not sure I am at liberty to share that information - would be happy to check with my clients first" - What a great discussion you started here.
Your professionalism shows in every post you share.
Yeah, notsomuch. I do market client's homes on Facebook and Twitter, but I'm very careful about what I say. "Come by 123 Main Street 205pm today, I'm holding open a gorgeous home, see for yourself!" Stuff like that. I never talk about anything going on in escrow and never say anything negative unless I'm talking about savings/rescuing dogs, which is my passion. When they close I always ask if I can put a picture of them and their new home on my business facebook page. I ask. I had one gal who was uncomfortable because she'd been moving all day and looked it. I said "just turn away from the camera and no one will know who it is". It's one of my favorite pictures as it came out over her shoulder and she's pointing at her new home. Others want full face, jingling the keys. No one has said no. I don't tag them, I just tell them it's there if they want to tag themselves. I think you have to manage it with your clients best interest always in mind.
I even cringe sometimes when an agent says something like "Congratulations to "so and so" on their new home!" I hope they have permission to say that. We've had buyers who have not told their family that they are buying a house, both because they wanted to surprise them with it or because they had a family situation where they just didn't want them to know. So, even announcing it in an innocent way as a congratulations (and of course to promot yourself that you sold another home) can be potentially a breach of confidentiality. We need to always make sure we have appropriate permission.
No, just watch what you say always...
A good step would be to get permission to post about your clients homes or wishlist directly from your clients prior to posting anything. I think with proper use, Facebook could be a viable option. Caution and common sense should be used. A very relevant post !
Unfortunately, common sense is not all that common on social media pages
I haven't seen agents posting about their homes, but I am linked through social media with people who are selling their homes and reveal their financial desperation or that they plan to take their home off the market if a job comes through and so on. (They are not my sellers. Trust me, I'd clue them in.)
Stupid is, stupid does. Sadly we have alot of agent who are not professional, and don't use their head in social media. My attorney has always told me, if the post was put on a projector in a court room, what would be your reply.
Dan and Amy that's correct. Clients confidentiality is the top priority. All the agents I train in my office are taught to keep confidential all the facts they get from their client to themselves. May be agents you are referring may not know they are breaching the most important fiduciary duty.
I'm making this the topic for my office meeting Monday :) Great post. It's SO easy to disclose info that we don't even realize we are doing. We really must watch what we say/write. Thanks for the wonderful reminder.
Dan and Amy:
We do have to protect our client's confidentiality. NAR should be doing more education on this subject. Someone may be sued because of what they say, then that will get everyone's attention.
I agree with Philip at #13 that people who open up about their clients and transaction deals on FB, AR, Twitter, and elsewhere, seem to be the "same people that have big mouths at office parties, PTA meetings and soccer games."
Let's encourage our fellow real estate professionals that it's better for friendship and business to be careful about what we say at such SM platforms on private and confidential matters.
Great article. Agents certainly need to take precautions when dealing with social media content they post.
-John Gall
Awesome discussion. Not only is it killing confidentiality, it's killing deals! Just the other day I wrote about how through Facebook a deal was ruined. Social media is a powerful tool and can be used for good and bad. There does need to be an updated on the code of ethics which includes social media and these new forms of communication. If you're interested in the article you can read it on my blog, the title is "I just lost a sale because of facebook!"
Terrific topic and great discussion.
Reuben
It amazes me that anyone would think those types of posts would be important to anyone. Who cares!!! SM is about connecting with people. Not about BLAH BLAH BLAHing.... It is about giving something of value to your sphere of influence. I think when people post non sense that it only is taking up space not only on the internet but also in the minds of those they are closest to. Is it killing confidentiality? I suppose if they were mentioning details such as names or transactional information but really it is just boring.
One thing I learned years ago was to pay no attention to hypotheticals.
Look at the numbers. How many readers or listeners will relate to a statement about one property or one consumer???
Give us a little credit for common sense. Social media attracts folks who want to "get their presence in the pool of verbiage on the Internet". It's not a party line.
Hi Dan and Amy,
You bring up good points. Remember the 80 personal/20 business, suggested rule on Facebook, very little business discussion, so definitely nothing about on going transactions. Besides it's confidential information...
Thanks for posting.
There are ways to advertise on FB and Twitter but you MUST be careful on the information that you post. It's the same as when you post about your own family or yourself. Imagine a boss seeing his young employee chugging beer in Mexico and pulling off her top...etc... What a surprise that people get fired from employment. ALWAYS, be careful how much information you share, be it personal or business.
Betty Bart
Fine Homes in 905
We all know the value of social media, but agents need to use common sense. Personally, I don't see the value in the posts on facebook and the like that are mindless blurbs about meaningless subjects. Take that energy and put it into something that will actually grow your business.
I will never forget when one of my "colleagues" posted "Well, lost another deal because of my client's idiot wife."
I cringed. Your client's "idiot wife?" Really? Really? Is that the kind of stuff you want people to see? You want them to see you are condescending, arrogant, rude, and - backstabbing to boot?
I'm very careful about what I blog and put on FB - I do not put anything that could undermine my clients. Ever.
Social media isn't killing confidentiality - it's just giving another medium for bad agents to expose themselves, in a more public fashion.
One seller was outraged when he heard an agent trash talking his listing in a bar. The agent didn't know he was the seller, it was a new listing someone else in the agent's office had, and she just wanted to appear all knowlegable about how overpriced the house was and why. Little did she know that she was talking to the homeowner ... that wasn't on facebook or twitter...that was in the local bar, probably the origianl "social networking" place. It's not social media or networking - it is plain old stupidity.
Thanks for the short, to the point post. Very relavent, will spin this a bit and talk to clients about it -- from their perspective of posting on social media sites.
Dan and Amy, have to admit I had not thought of this breach. Thank you for raising this issue.
Thanks for raising this issue. Sometimes I think agents do not understand the meaning of confidentiality or fiduciary responsibilities. Pity there's not a facebook megaphone shouting alert, alert, alert another breach of clients privacy.
Great commentary Dan and Amy. I can't imagine posting those things. Although think about it, what are they saying all over town. Hopefully, they read your post and have learned something.
I've got a good follow up blog to this that I will write this week. How to use social media and get business while maintaining that air confidentiallity
Dave
YEA! The very best post I've read since I've been on Active Rain. I mean that! Thank you! NAR should pick this up and re-blog!
Hi everyone and thank you all for reading and your great comments. I will do my best to follow up on all your comments and even try to comment on your posts but it may take me a few days as spring break just started and my kids are looking for some attention, plus we just got a new puppy ( pictures to be posted next week ). Have a great day.
I think social media offers us all a great resource to get the word out but you can use these sources and still maintain confidentiality. It's call common sense...
Karen I love your story about the bar, omg!!! Again a little common sense and discretion can go a long way, you have to be tactful when you speaking whether to the general public in a bar or online.
Great post Dan & Amy...not only is it important for us to police our quips on SM, it is equally important for our clients to be very careful what they post about their lives in relation to their real estate situation...I school my clients from day one to never speak about their situation person to person and especially on SM...I tell them if anyone starts to ask too many questions about what they'll "take" for their property to clam up and refer them to me immediately i.e. 'talk to my realtor, he's handling that' and I tell them to 'please don't try to sell your house on FB!!' (or any other site)...same goes for buyer clients...there's a bit too much connectivity in the world these days and it needs to be addressed within the context of confidentiality.
There seems to be a growing over-posting on social media. If you don't have good filters and tend to gossip, don't write anything at all!!
Good points. I honestly am not wild about Facebook and would not waste my time posting there.
Hi Dan and Amy...If you wouldn't say it to someone in front of your client, don't ever say it. That simple.
Kate
It is best to not disclose pending deals online unless people cannot recognize the parties or the property in the posting. Confidentiality is important and you might just pi$$ someone off with your posting.
Just one point. In my opinion, it does not matter where you are acting as an agent in the US. A fundamental part of the "Agency relation" is its creation of a fiduciary relationship. You can call yourself a "transactional", non-transactional, buyer's, seller's or whatever else agent. You are still an agent and must abide by Agency rules. The post @53, suggests that there is no fiduciary relationship created, however, if you read the points you will see it sounds quite like fiduciary to me.
We all need to take our relationships with our clients a bit more seriously and not divulge information that would in any way hurt or hinder their transactions.
Thanks.
In a time when everyone is rushing to be "transparent", some seem to think that gives them the right to say anything, anywhere. As Realtors we owe our clients confidentiality and, at least in CA, have a fiduciary duty to our clients. Blabbing details about a transaction on Facebook or any other form of SM is a violation of that trust.
Dan and Amy,
You hit the nail right on the head...we owe confidentiality to ourselves also, our family and our friends. Ridiculous pictures and anecdotes about each other or coworkers on line have a way of haunting later. With social media, you have to keep the big picture in mind, a 360 degree point of view on the effects of what you post may affect you. This post is timely and well written, congratulations on the feature, and wishing you continued success in all your endeavors. A
Great post ~ we all need to think before we comment on the status of our clients and violate confidentiality...
Great timing on this post, "use common sense" the best advice you can give but not the most listened to for certain.
I so agree we all need to remember to watch what we say on the net or in person ............Brad
I think some of this is just nonsense but agents do forget that the internet is actually something written not spoken. The fact that a buyer wrote 3 offers means what? What confidentiality is breached?
Hi Dan & Amy,
Thank you for your refreshng article. I agree 100%. I would summarze the article with the old saying: "Loose lips sink ships"
David
Is Social Media Killing Confidentiality? Yes it is, and every new social networking site will add to it. Mind boggling, isn't it?
Excellent Post and some very important things to keep in mind before writing about your clients.
Thanks
Awesome post! Very timely - I agree with Tom's comment #60.
As with everything we say or communicate we need to be aware of the image we are projecting the impact they may have on our personal brand. Words are powerful tools for good and bad.
"but what if a local agent who you are "friends" with happens to see your posts. Could any of this information hurt your clients' position if in the wrong hands?"
This is one of the many reasons that I have recently decided to unfriend all local agents on facebook and linkedin. i will be removing them from twitter as well.
The reason that I am doing this really doesnt have anything to do with what you are saying, although it is a side benefit. The reason that I am doing it is because I really don't want to make it easy for them to see what I am doing with my business. I do recon on our great local agents all of the tiem and the information seems to be hard to obtain at times. Also, it dawned on me at BNI one morning when I told the members that I had a hot property coming on the market and it was going to be a great deal, so I was looking for buyers for it so i could sell it. Well one member in our group gave me a referral that morning. It turns out that they are good friends with a family of realtors and gave me a referral to them. Without getting into that details and what not because that is a whole nother post, it really got me to thinking about other things that i do for my business and why in the world do i let local agents into those parts of my world. we have our network through the mls, so anything more than that is really wasted time and effort for the most part with maybe a very few exceptions. I remember a few good RE Trainers ask in their seminars, why are you going to a meeting at the association with hundreds of other agents. Do you really think that you are going to sell anyone there a home? It is a waste of time, since then i have cut down my meetings where other agents are going to be to almost zero.
Confidentiality was drilled into my head from the first day in this business. I wouldn't put anything online similar to your sited examples. I suppose an easy way to know what we shouldn't post is to simply pose this question, "If my client saw this statement, would they possibly be upset?" Put yourself in their shoes and it becomes pretty clear.
GOOD MORNING DAN! I have seen some cases where some information was shared that shouldn't have been - and it can really change situations. As in one personal life, people in general should just be careful what they put out there and say or write. Congrats on the feature.
Yes, you are so right! It's easy to want to report on these little personal events since they are just normal parts of our day. But, sharing something like this could so easily compromise our client's position in negotiating; it's just not worth it. I love social media, but my rule of thumb is "stick to talking about the properties---not the people".
Excellent post Dan and Amy!
Dan and Amy,
Excellent discussion!
Well said!
Great points, lenders have been legislated out of saying anything to anyone. I can see this opening someone up to liability if you can show it harmed a client on either side of the transaction.
Dan & Amy, great post and thanks for making this point and blogging about it! Quite the conversation it stirred up! It absolutely amazes me how many agents don't even realize that fb & twitter should not be a forum for their commnents. There are a few in particular around here who say things that make me wonder what on earth were they thinking when they posted THAT? Do they really want the opposing side to know that? Sheeeshh!!!
Dan, what a great post. It was great to connect with you on linkedin and then on facebook and now in the rain.
Oh I have not seen this! What an interesting twist. I'm sure our sellers do not want their business out there for everyone to see.
I completely agree. I see people in all types of business say things on facebook that make my jaw drop. What are they smoking?
I think I am very conservative and will ponder for hours if I said the wrong thing, some days I want to hide in a hole. Yet I believe transparency is important and life stories are important. Ahhh back to the days where I did not even have a cell phone. my goodness what did I do? Oh yea, I had time to live!
Great post and excellent reminders. The degree of oversharing going on in social media is really stunning... not just on the part of agents, but everyone! All this stuff is searchable on Google and will stay there forever. Don't make a comment you don't want to be associated with and don't reveal information that is damaging to your clients or your own reputation.
Dan and Amy,
It's better to leave any information pertinent to a deal out of the social media arena. If you have to think about whether to exercise any discretion you LIKELY should.
I'm still on vacation but had some down time and wanted to respond to as many people as I could, so here it goes:
Warren -I like keeping things business as well.
Laura - My sentiments exactly. We should just assume our clients will be reading our posts and comments and act accordingly.
Tom - I agree. I have friended a lot of agents and do hide the ones who only post "ads" or useless information. This is a turn off to me personally.
Tammy - Being general in your posts helps, no need to give any personal details.
Sylvia - Sounds like you have nothing to worry about.
A. Daniel -Fantastic list! We should all print this out and read it before making a post or comment.
Steven - You're right, it happens everywhere, especially in the office.
Mona - True, most of these agents won't be reading this. Some of these folks will just learn the hard way.
Patricia - Your very welcome.
Laurel - I suppose whether it's the law or not, keeping certain things private just makes good business practice.
Larry - Some a little too much.
Bill - I think it's a great idea to have more education about social media to all agents. It would probably be a good thing to add to new agent training as well so they learn the right way to do things before they start practicing.
Deborah - These people remind me of some kids I grew up with, always having to brag about something to make themselves look good. This is a turn off to me personally but some people do feel the need to do it. Sometimes I feel these people lack self-esteem or confidence and are looking for some type of approval from their peers.
Ellie - You simply rock! You and I think very similarly and I hope I get the chance to meet you in person one day. Hope all is well.
Valerie - You seem to have the right idea when it comes to properly using social media. Nice to hear you are a dog fan, so are we.
John and Kasey - As long as people ask for permission to post certain things, then I suppose I don't have a problem with it. I could see how posting this type of thing could be good for the buyers and agent provided the transaction is completed. Not my personal style, though.
David -Simple but good advice.
Steven - Thank you for your kind remarks. As long as clients are aware and approve, it's fair game and could be used effectively.
Geoff - Or in person, either.
Gail - I also see consumers post about their personal situation and I don't think they realize the damage they are doing to their cause.
Tim - That's a good way of looking at things.
Farooq -Sounds you like do a good job of training. I think that with the popularity of social media, even veterans are letting their guard down when it comes to protecting their clients.
Elizabeth - Thanks for commenting, how'd the discussion go?
Evelyn - It's a matter of time before someone does get sued because of what they publish on SM.
Harrison - I agree with Philip as well. I do believe the problem will get worse before it gets better though.
John - Thanks for reading and commenting.
Reuben - Sounds like a great article, I will check it out.
Angela - I agree and prefer when people give value.
Lenn - Social media is a fantastic way to get your message out and some folks certainly do a better job than others.
Dimitri - I like the 80/20 rule and certainly nothing wrong with promoting your business as long as it's a tasteful and helpful post.
Betty - It's this reason that employers are checking out future employees on line.
Rene - I agree but I do see some of my friends post useless info and get a ton of comments. It's funny how sometimes the most mindless posts get people to respond while helpful and informative posts get little feedback.
Karen - It goes back to the old saying "if you don't have something nice to say...".
Mary - I think it's a good idea to talk to clients about their use as well so they don't reveal anything about their transaction that may end up hurting their cause.
Robert - Your very welcome. I wrote it so at least people would just think twice before posting something.
Graham - I do appreciate the freedom we as agents have to communicate our message because some professionals are quite limited on what they can say in written communication. That being said, we need to remember that it's not a free for all either.
Nancy - Hopefully someone that read this will now think twice before making a careless statement.
Dave - Looking forward to reading it.
Virginia - Wow, thank you so much for the compliment, that means a lot.
I have not read EVERY comment here but what if the agent(s) got permission (in writing of course) to post this information. Does it change the opinions here? Getting things in writing will definitely cover you.
I wondered when this would become a public subject. I often have seen posts on FB and think to myself "Wow, that agent shouldn't be sharing that!" While I agree the NAR might consider coming out with guidelines, if you really think about it they already have! Client confidentiality is expected and you are not to harm your client!!! If we think of this in all of our actions we should remain out of Real Estate Jail!!
Dan, when you have a listing agreement or buyer representation signed by your client which include a consent for full advertising you can list their property on MLS and in every other public publication including internet and specifically Facebook or Craiglist and even Twitter, or search in every possible way for buyer's needs, these web sites are so popular that everybody doing any business is there. The question is: what is we can write about?, in my opinion always ask your clients if you can advertise on the internet even if you have their consent signed, many times they do not understand what this consent means. I guess that everybody from our industry knows that protecting your client interest is first, but do not ever forget about how this can bite you. Always protect your business, have everything in writing and signed, because you do not have only friends.
Keep smiling,
Andrew
I think it's all "boils down" to who you are.... I would NEVER share such info on my Facebook page. In my opinion, everything about your clients should be confidential. But some agent get it, and some just don't (unfortunately for their clients).
thanks you for your post.
Tatyana.
Jamie - You're right, common sense is all we need but many still lack it.
John - We give our buyers and sellers the same speech, but some still continue to post things about their personal housing situation on FB.
Brea Real Estate - I agree.
Gene - Facebook is actually a great tool is used properly. With so many people on it every day, many agents are seeing success there.
Kate - Simple but well said.
Rob - I am a big believer of not posting about pending deals. I simply see no benefit, but that's just my opinion.
Michael - I agree with you. Anyone involved in a real estate transaction should keep things confidential. It is in everyone's best interest.
Suzi - The whole transparency issues has come up quite a bit. Being transparent doesn't mean divulging confidential information.
Ron and Alexandra - Thank you for the comment and kind remarks. I'm hoping people read it and take it seriously.
Gwen - Taking just a few seconds to think about whether a post should be made or not could make all the difference in the world.
Steve - If people continue to make mistakes, I could see brokerages coming out with rules regarding social media at some point.
Brad - You're right, we still need to be careful what we say in person as well, especially to other agents.
Lyn - I could argue each one of these statements, but the big picture point of the post was for agents to think twice before posting statements that may hurt their clients, or even themselves. Statements can be interpreted many ways, but at the end of the day, I don't see any benefit to posting such things.
David - Great quote.
Cynthia - I suppose the users are the ones to blame. Facebook is great and I can't fault the format as the agents are the ones causing the problem. I see the problem getting much worse before it gets better.
Jeremy - Thank you so much for reading and commenting.
Linda - I think this is a great point that people forget. Regardless of what you post, you should consider your brand and what you stand for before communicating.
Don - I see your point of view. In my market, having good relationships with other agents is important and has often saved or created deals. So we are "friends" with a lot of our peers. That being said, we never post or publish something that we think could be used against us by another local agent. We are extremely conservative on what we put out to the public understanding that our competitors are always watching.
Catherine - I think that's a great questions to ask yourself prior to posting anything.
Gab - Nice to see you here and we always appreciate your comments. It's amazing what other agents put out there isn't it?
Blake - Some folks just operate without a filter on line, which is probably how they are in person as well.
Castelazo - Thank you for commenting.
Michele - Thank you so much.
Rhonda - Glad you enjoyed it.
Matt - I certainly wouldn't want something I wrote on line coming back to hurt one of my clients, so we err on the side of caution.
Paula - It happens with good agents every day and I think they just don't realize they are doing anything wrong.
Vicki - Hi Vicki, looks like it's the start of a great virtually friendship.
Liane - Could you imagine if a seller saw a post describing their personal situation? I sure wouldn't want to be the agent that has to deal with that.
Michael - It happens every day and some education is needed for everyone.
Melanie - I'm not saying we should reveal things in our posts, just make sure we aren't hurting our clients by doing so.
Debra - I'm even careful what I say in a comment here in AR.
Adan - Well said.
Robert - While I'm not an attorney, I would say you have the right to post something if instructed by a client to do so.
Krista - There certainly are codes written regarding confidentiality, but I think some updated coures on dealing with social media are in order and would make a huge difference.
Andrew - Great point. Just because a client signs a disclosure doesn't make it a free for all. We should properly communicate our on line strategy with them so they know exactly what we will be doing. You can never go wrong being overly cautious.
Tatyana - I think people's posts and way they present themselves in all aspects, on line and in person, says alot about a person. Thank you so much for your comments.
Great post. Before social media agents should have been concerned about protecting the interests of their clients. Social media just expands the audience that was always present. We shoudl always take care in regard to the interest of our clients.
Barbara - Thank you for reading and your comments are right on the money.
I have to say I've seen even worse breaches right here on ActiveRain. Much more lengthy and in detail than your 1-liner facebook examples.
And many think that posting "Members Only" makes it OK. Members Only still breaches confidentialilty. All should remain between the agent and the client.
Benjamin - You are certainly correct. I would always use caution even in members only posts. Certain things simply should not be shared anywhere on line. Thanks for commenting.