RE: 2716 Via Montezuma Compliance case #01278953
My favorite CRMLS compliance handlers!
Thank you for reviewing the information; if you need more clarification, please do not hesitate to call 714 267 1413. The saga goes back to January, 2021 and continues.
Here is the pertinent history that the Compliance officer may not have completely understood.
June of last year, this very troublesome listing expired while I had it on hold status. My bad.
For the record, the owner is a lovely 82 year old widow, whose husband passed away two Decembers ago. Her daughter & two young grandchildren (age 25 & 29) have made it impossible to see internally, since the home is currently auditioning for a real life POD packed to the gills; she has occupied Mrs. Wiemann’s rental home for 15 years, preventing mom and dad from even occupying it for a short time. Dad is gone, mom is not.
Last year, I did not see that the artificially intelligent Matrix system had expired it WHILE on HOLD, on June 26, 2021 until later.
I reinstated it, with the same photos, on July 19, 2021. Since CRMLSComp has to make life and death decisions, some need a bit more tender care. Your excellent chat lady explained CRMLS can’t make decisions, yet it was your system bots who made this one.
The pictures were in place for almost a year, until some curmudeon, instead of calling or texting me like any good real estate professional would, complained to you. I just don’t understand, since you will not release the person, place or thing that happily empowered themselves and pushed the vio button.
Since we live in a post Constitutional world, where people can FBot or be a Twit and cowardly push a VioButton (no vaccine for that guy, one gizmo I have NEVER in my 33 yrs as a RE person of interest, pushed.), this fine piece of anti-cooperation wasted your time, mine and at 70, my days are numbered much more boldly than yours.
Historically, I see a price of $10 million (actually happened) for an Orange County listing NOT in Newport Coast, I call the broker as a cooperative fellow (foundational to the MLS system of which CRMLS has grown to be a behemoth BORG of smaller systems (a good thing) and suggest it might be a typo. He was most thankful
Flash forward to 7/7/22. Help me understand. Your anonymous wimp complained I had text communication on photos? Right? Or was it something else, frivolous and you noticed an English word appearing on my meager photos.
I have included them here since I did not see the bad boy notice until this week when I saw the final notice telling me my real estate broker days are over unless I pony up $250 by August 6th.
I feel like my fave CRMLS people are becoming Hunter Bidenesque. If Mr. Complainer (no lady would complain or was it a lady?) did NOT complain specifically about text or written words on the photo shopped photo (is that another no no, altering photos for consumption?) then what was the real reason? There have been 16 months of patient agents and brokers, not to mention buyers, waiting to get in as the saga unfolds.
I have seven offers, and about 100 people who want to see it, give or take a few with the Bidenomic rise in interest rates, once the tenant’s attorney and my client’s attorney resolve the matter.
If any of you practice real estate, you may have heard about the “tenant school of discouraging potential buyers”; Via Montezuma’s tenant owns the school. It’s the little things and she used Covid only three times.
You back up to a golf course and all of a sudden 25 golf balls in the back appear just before we should the buyers. Or things like “It’s a great house and we love to put up with using half the electric and one water appliance at a time” coming out of the little 20 something angel who doesn’t want to move, what with a $2500 monthly rent for a $1.3-1.5million home.
So, if I take an hour and locate in the CRMLS database about 100 listing’s pictures with text on them; let’s say an address number, or “Congrats to my spoiled child graduation” sign, or a No Solicitor sign, to comply with the small print, I should hit the vio button on all of these? “Inclusion of text or written communication” is an open ended issue, or should be. Brokers should be able to help buyers and their agents with visuals; read the captions on the pics you took down.
When I reread the July 7, 2022 notice, it was time stamped 8:50am. Six (6) minutes later, I thought i was reading 1984:
July 7, 2022 8:56am. Case 01280279 “Because CRMLS Staff removed all photographs under case#01278953 , this listing violates the CRMLS R&R 11.5.1 ‘at least one photograph or RENDERING that accurately displays a substantial portion of the exterior structure of the property.
I can see the conversation in the break room in Chino Hills: “Hee, hee, hee, Len, we removed the four photos you had, did not tell you and then SIX MINUTES later, violated you for not having a photo.” This seems more “1984” than “Animal Farm” or even, God forbid, more unlimited pronouns and woke bizarro.
I admit it: I am not perfect! I am just practicing real estate. It served me well for my 11 kids and 21 (current tally) grandkids. My saved contacts history on this listing is very long, but that’s what dedicated agents/brokers do: “what’s best for our clients is best for us”. That’s the meaning of fiduciary.
But, tell me, you don’t think you could have left a photo up or even used a stock “rendering”, and CALLED me to say: “Hey, Len, you need to put a pic up without words. Remember, a picture is worth a thousand words, but a thousand pictures are NOT worth one word IF they have words on them.” Good restatement of the infamous 11.5.1
Think this through: you gave me until 7/11/22 to do this. I did not see it on my emails since it has been a crazy summer, i have30,000emails including spam, politician pleas, and the occasional legit one.
It did NOT appear on 7’7/2022 as a Matrix system enabled change in the HISTORY section. here it is:
There is no entry in between 4/30 and 7/15 for the 7/7/22 photo strip tease
Two things: a RENDERING is NOT a photograph. Why do you allow renderings but no words on a photograph? Yes, I understand no agent sales information (Zillow, Trulia and the other agent and buyer scavengers take care of that workaround) because it makes it difficult for agents trying to convince sellers’ prospective buyers that they are the perfect person to represent them. That’s why “framing” is only thwarted IF the rule changed and the broker that owns the listing could be identified.
But CRMLS, in the world of truth and justice, the BROKERS are responsible for the content of their MLS submittals, that’s why brokers cooperate with each other: to make sure the buyer is the best, whether next door or China, around the world.
I just discovered, on another listing, that the CRMLS wants to decide what price my listing posts. NOT me or my client! Recall, Prudential Calif San Diego first came up with the range pricing years ago. Today, it would be a decent tool in communicating the owner’s willingness to review offers less than list.
But CRMLS prevents this with their 85% bot in the pricing field. You want to tell the world that your owner hopes for a $1,395,000 price but is willing to look at offers over one million, CRMLS locks down the price range field with an R2D2 restraining bolt.
Instead of a price range of 1MM to 1.395MM, a price range reasonable in this market, it is restricted to a low of 1,185,750! Preposterous: a broker should have SOME autonomy. Meanwhile an Anaheim house two doors down is marketed off MLS as coming soon for 3 weeks, and the San Diego agent sells it in one day at $950K when he lists it after I did. So, just how fair is that to my client or my business? If this rule wasn’t arbitrarily put in place (no reason for a majority of brokers to have a say either: we co-operate but we are NOT subject to each other in our business decisions for our varied clients.
I have spent a third of a century attempting to treat all comers fairly.
I recall a listing presentation a few years ago in a tract I’ve sold 20 properties in and the owner obviously had a dilemma; I asked her who my competition is, she said a friend of hers named Steve R. I knew Steve, so I closed my binder and said “go with Steve!” She had that deer in the headlights look like I was nuts but I explained, Steve will do a fine job for you. I’d love the business ( I only had 11 kids at the time) but what the client wants, even if a different qualified agent, that’s how I work.
My fave CRMLS code compliance officers, your job is not easy. It is a mammoth undertaking to police the MLS universe.
I realize. But, it’s easy to see $250 for a human failing is a bit stiff. I realize you guys will be hurting by next year’s dues time, since agents like loan processors and reps are disappearing faster than peanut butter at my house; but I plan to retire soon: when I turn 100. But, must we front load penalty dollars to fill in the revenue loss?
No offending “steering” going on? Do you understand my confusion?; yes, I tucked my tail between my legs like a good little compliant puppy dog and used the boring photos currently NOT removed yet by your ace complainers buttoning in.
Notice on the photos your fine staff removed: NO identifications of who’s who (broker, numbers) and just a little humor. I used these because it was becoming increasingly obvious this 2 year listing could pass my record 10 years for 1431 La Palma in Anaheim. I got good comments from realtors (of course not the Chino technies) knowing just what that “tenant school” is all about. In a way, we are in this together when a mother doesn’t want to remove her squatter child…and at 82, we must honor her feelings, and be delicate about how ALL are treated in these situations.
Truth be told, July has been crazy; we had our Ohio grandkids and parents, 4 under 3 years old (the kids not their parents) for two weeks, we ordained a family member, and my usual thousand emails a day have been compounded by a bug allowing an old email to infect…point is, when your staff removed and then cited 6 minutes later, I didn’t see the invoice and hand slaps until this last week. I made contact with your office on chat, but after your fine chat lady when round and round, I found out … anyways.
I’ll bring some eggs to the Chino office; I’m out that way at least once a week. No, not to throw but to eat. Organic from Beckman Ranch. My gift to you for you reading this.
Regards, signing off, private id level xx-11 and hoping to change it soon
But, the responsibility of EVERY broker at CRMLS, and the staff as well, is to provide accurate access in a “willing seller, not so many willing buyers this week” marketplace. Owners, investors and buyers depend on us to counsel accurately and represent them to the best of our abilities. Sadly, often, we can’t do that due to circumstances…like the 85% rule, which, if I still have a brokerage after August 6th, I will bring up.
It’s probably timely to do so with the drastic market change and more brokers looking to tell the truth to buyers. After all, we brokers should have a little autonomy in the tec bot controlled world we live in. Thank you for reviewing this CRMLS, PWAOR… I sincerely appreciate your time.
God bless, Len Beckman