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Corinne Guest, Barrington Lifestyles (Corinne Guest, REALTOR® | Barrington Realty Company)

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Rainmaker
5,113,646
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

If you make this a policy, agents need to comply or go elsewhere. But you do then have to be consistent in application of the rule... no "holding back" on top producers whose departure could impact your bottom line. Unfortunately, in this business I've seen lots of rules bent for top producers over the past 25 years.

May 22, 2018 06:30 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

If I'm that concerned I would pay a 3rd party to bring them into compliance...it's a tough sell to tell agents they have to keep working on their website just because the EU passes a law, or Timbuktu for that matter.  Where does it end?

May 22, 2018 06:07 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Give them notice, make sure a plan in place, make usa only or take down

May 22, 2018 06:17 AM
Rainmaker
5,241,047
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Give them notice to become compliant or take down the site. Failure to do one or the other could lead to dismissal. The alternative would be a written communication from them that they are compliant. Monitoring several websites could be taxing and impossible. The English are off their rocker!

May 22, 2018 06:12 AM
Ambassador
5,254,735
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

First, you would have to update their Contract with you, to include this requirement. I would find someone who could perform this function for them, giving them a solid recommendation(or two) and the cost quoted to have this done for them. 

If not done within __ amount of time, then they are non-compliant with your Independent Contractor Agreement and must find another place to hang their license.

May 22, 2018 07:11 AM
Rainmaker
637,484
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

This is an excellent question. One thing I would do in our employment agreement is that they give me a list of websites that they have, after all, it advertises MY BROKERAGE as well and I need approval rights. In our employment agreement state that the website has to be compliant at all times. It is a firing offence. It should not be a hit or miss situation since they HAVE to advertise ME, their broker, on their website and it falls on my shoulder if it is not. This goes for any advertising as well.  After all, who does the real estate commission go after if someone "catches" the non-compliance? I feel very strongly about this.

May 22, 2018 07:01 AM
Rainmaker
4,902,981
Richard Weeks
Dallas, TX
REALTOR®, Broker

I would give them the specific rule they are in violation of, give them a couple of days to get into compliance or take the site down until they are in compliance.  If they refuse I would return their license to our state real estate commission.

May 22, 2018 06:45 AM
Rainmaker
1,553,811
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Written Warning then fire them, if this creates exposure for you. Yes, we're independent contractors, but we need to be compliant.

May 22, 2018 07:23 AM
Rainmaker
1,153,794
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

If the issue is important to my Broker / Chief then it should also be important to me. The answer is clear, notice has been given.

May 22, 2018 08:26 AM
Rainmaker
1,323,914
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Since we are in America and the law in question is not one of our laws, I think a broker may be overstepping the broker/agent agreement by requiring compliance with GDPR.

May 22, 2018 07:58 AM
Rainmaker
1,847,181
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I am currently only using their sanctioned/approved sites. I do not know if they are compliant. They should be taken down until they are. 

Good question as to who will do that? How can you basically cut a website that is under someone else's control? You are 'entitled' to do it for compliance but chances of doing it are zilch.

Thank you for the thought producing question Corinne.

May 22, 2018 07:22 AM
Rainmaker
1,231,853
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Good morning, Corinne Guest, Managing Broker 

Thanks for posting this dilemma faced by many brokers/managers.  Pennsylvania REC, Real Estate Commission, has become concerned about compliance. The next Continuing Education cycle will include this topic.

May 22, 2018 07:01 AM
Rainmaker
2,784,876
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Find someone and support them to a solution

May 22, 2018 06:57 AM
Rainmaker
544,014
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Train them on GDPR. Have all agents sign that they are trained on it. 

Give everyone reasonable time to get into compliance.

May 22, 2018 06:42 AM
Rainmaker
4,582,784
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Reading and "soaking" it in.

May 22, 2018 06:21 AM
Rainmaker
1,506,163
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

At this point I wouldn't worry about it.  GDPR is still being defined and people are still wrapping their heads around what it means to be compliant.  Service providers such as Google Analytics, WordPress and associated plugins are still struggling to become compliant themselves.

 

Personally, I practice and preach the principal of "less is more" when it comes to data collection.  I block non US visitors from my site, I don't collect personal information and I don't use cookies.  I was GDPR compliant when it was still a wet dream in some EU person's mind.

May 22, 2018 08:19 AM
Rainmaker
5,772,593
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Corinne,

I think this has been overblown in many ways.  It deals with privacy and cookies.  And it is not as onerous as its made out to be, and I think that it protects our privacy as well.  Google and FB will not have all the data that they do now to push stuff at us.  As a broker, I would have them add it to their privacy policy page a few paragraphs that an attorney has blessed.  

It is required for companies with 250 employees.  Under that, if you are doing business with the EU.  Here is an article that I would recommend.

If your agents refuse, and I do not see a reason, show them the door. 

A

May 22, 2018 08:17 AM
Ambassador
3,349,704
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Among the many reasons I do not have, nor do I want, the responsibility for other agents.  I believe my Hosting company with my VPS has the IPs blocked. I need to look into this MORE.  I've asked Peter but still need to drill down on this more.

Update:   I called my hosting company and I now have a 5-page certificate of compliance signed by the CFO.  
Next step is to review my privacy policy Corinne Guest, Managing Broker 
Given that I broke a bone in my foot, I am now in "forced" time out to get this taken care of. 

May 22, 2018 08:17 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I agree with Tony and Suzanne Marriott, Associate Brokers 

May 22, 2018 08:00 AM
Rainmaker
7,865,044
Roy Kelley
Retired - Gaithersburg, MD

Share your advice but you can't control the websites of independent contractors.

May 22, 2018 07:03 AM
Rainmaker
766,329
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

Eventually they would need to be let go but that would be once it was overly obvious that they just didn't dare.

May 22, 2018 03:10 PM
Rainer
509,449
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

My brokerage right now is reviewing all agents' websites and social media.  Other brokerages that I have talked to are not doing it or not yet. There are tons of brokerages here in DFW and I doubt that every broker is doing this compliance thing.  Look, there are so many rules put on property management in Texas years ago and yet I have seen so many homes not in compliance.  Many of these people are still in business and have been in business for 20+ years.  Some 30+ years and most of these people hold their broker license.  Go figure!

May 22, 2018 10:30 AM
Ambassador
2,684,669
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

   Hypothetical, since I have no agents:

      I want administrative rights to the websites of any agents that hang their license with me.  If the website is not compliant, I will take it down.

May 22, 2018 10:15 AM
Rainmaker
4,962,225
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Reteach them and warn them what could happen

May 28, 2018 03:34 PM
Rainmaker
5,878,035
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If you have no access to their web sites, then put a fine in place until they are compliant.

May 25, 2018 07:10 AM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

This is a great question. I love Ryan Huggins' answer. 

May 23, 2018 06:19 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It's your call.  Though, I would try to find out just how much jeopardy this will expose you to.

May 23, 2018 04:48 AM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Corinne Guest, Managing Broker - most brokers have 'different' rules for different agents!

May 22, 2018 09:46 PM
Ambassador
6,419,499
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I will likely get concerned about this if it gets to the US.

May 22, 2018 09:04 PM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Each person may have an idea of how much they want to work their web site.

 

The web site doesn't make the agent and your best agent my be the  least tech of all

May 22, 2018 08:54 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

We just had a major branding change and have asked all agents to send their websites logos to see if they are compliant. Few have done it so it will require policing. That is part of being a broker.

May 22, 2018 07:14 PM