Derek Eisenberg

Scott, I have to play devils advocate after reading your piece and all the responses. The fact is that the real estate market is not more fertile than it's ever been; in fact it's just the opposite. What's actually happened is that several new sub-specialties (REO, Short Sales, Auctions) have re-emerged that have not been viable since the S&L crisis in the early 90s. Last year I started a short sale division and it has proven to be highly profitable but if everyone listened to your suggestions, my niche would be saturated and I would not be successful. Also, the people on Wall Street that capitalized by this fiasco were similarly those that shifted their focus quickly into the few niches that thrive in a bad market but let's face it; those stories are few and far between as are those opportunities. Sure Realtors should be positive, but a shaking out of the industry is a good thing. There are too many Realtors in the game. In fact studies have shown just that. Everyone thought being a Realtor was a get rich quick scheme from 1994-2006. Now that it's not so easy, the industry will be left to the real professionals that don't jump in the game for the moment. The industry is over saturated. I think it's misleading to say the market has never been more fertile. Your advice only works because a small number of readers will actually do it and most will do what they should do; get out! Derek Eisenberg http://www.ShortSaleScholars.com

There's a difference between telling the truth and volunteering it. Days on market stigmatize a home. The value of a home should be based on comparable sales; not perceived desperation of the seller. I have had listings with difficult tenants that took longer to sell because buyers could not get in. Similarly I have had sellers that refused to use a lockbox and could only show the house evenings and one of the two weekend days because they observed the sabbath. I have had sellers that needed to experience the market before they would bring their house down to the right asking prices. Houses with these types of situations take longer to sell but that does not make the seller desperate such that it should further buyer low balling. DOM should be invisible until the property closes. If a buyer's agent wants to know the DOM, there is a simple way for him/her to find out....he/she can ask. Derek Eisenberg http://www.mls2u.com

Unfortunately, this does not help REALTORS® and MLS members who have to agree to binding arbitration as part of membership in MLS with no assurance that the adjudicating arbitrators have to follow any rule of law or even their own rules. Instead it furthers the Kangaroo Rule of Law. Requiring arbitrations to adhere to both the law of the land and the bilaws/rules of the Realtor Association and/or MLS should be a right that no REALTOR® can sign away; not something you have to ask for which the asociation and/or MLS will never agree to. This is badly needed because if one does not agree to arbitration, one cannot peddle his/her wares (houses) in the marketplace (MLS). So it's basically give up your rights to a fair trial or go out of business. All arbitrations should be statutorily required to adhere to the law (and organization bilaws/rules) and any errors should always be subject to review by the courts. Derek Eisenberg http://www.mls2u.com