How much control to give Broker over Agent web sites.

[coastal]

Who controls the data?

1. Lets say you are a broker and foot the bill for 10 agent sites. Should you have full ownership of the agent created content if they quit someday in the future.

2. Lets say you are a broker and pick up half the tab or a faction of the cost of the agent sites, is your answer to the content ownership/site ownership issue any different?

3. If the agent picks up the full tab for a brokerage template site should ownership issues be any different?

4. Agent picks up the entire cost of a non-broker skinned template site and does his-her own thing?

Big Brotherism question. In these different situations what are your opinions on the broker monitoring analytical data - tracking the number of leads and even snooping the actual content of e-mail correspondence between the agents and their clients. Who would own the leads in these four different situations if the agent ever left for another brokerage?

[DMG]

IMO

1. Lets say you are a broker and foot the bill for 10 agent sites. Should you have full ownership of the agent created content if they quit someday in the future.

If these are "agent" sites as we typically see them, agent name, agent logo, agent number and they have all the work in it I don’t think it’s the brokers to snoop in.

If however these sites are more along the corporate lines and not so agent branded and the broker is paying for it 100% plus helping in its design, content help etc, maybe. I think it still involves a little more discussion on all the other benefits the agent may or may not be receiving with the broker. It's hard to say without seeing the entire content of the broker agent relationship and pay scales.

Big Brotherism question. In these different situations what are your opinions on the broker monitoring analytical data - tracking the number of leads and even snooping the actual content of e-mail correspondence between the agents and their clients. Who would own the leads in these four different situations if the agent ever left for another brokerage?

Again I would say looking at this question with no other info on what I stated above and simply replying knowing its the agents web site and only paid for by the broker I would toss it in the same basket as me paying for my buyer reps cell phone bill and wanting to listen to the voice mails and call log, I say no, its the agents business only.

[Scott.Hack]

I'm with Derrick on everything.

As far as ownership of the site and domain, unless paid for 100% by the broker, it belongs to the agent in my eyes. Obviously, any agreement can be reached in advance, it could be a recruiting tool I guess...

[SLP-NYCT]

You guys will hate me for this, but in NY, this is the law. BROKER has FULL CONTROL over everything! Does not matter if you or I pay for it. Since all legal issues come back to me, I automatically take ownership. This is why I, and your broker as well, should have final say over every ad, web site, blog, listing and buyer you deal with.

Anything you do wrong and its my a$$ in trouble.

Now, who owns the content? Who ever pays for it and it better be in writing too. For instance; my domain e-mail addresses are my property. If you leave the brokerage, all your e-mails are then forwarded to me. Your clients...mine also.

I love brokers who take on new agents and simply have a one or two page form to fill out. FYI: My new hire kit has over 30 pages of information, disclosures and procedures that the agent must sign off on.

Now like I said, if you pay for the site, you get to take it with you once all my info is scrubbed off it, but I as the broke have full control over what content can, can't and must be on that site. I even have control over where and how big my logo and name will be.

FYI: I am not on any power trip, I was once an agent too, but this is the law in NY and brokers who fail to uphold it have set themselves up for expensive litigation claims.

[jessiesc]

Good questions, Coastal.

This was and continues to be an issue for us when we looked for a new broker. If we were to move again, it of course would still be an issue.

However, as a team leader (not broker) here's my opinions:

Who controls the data?

1. Lets say you are a broker and foot the bill for 10 agent sites. Should you have full ownership of the agent created content if they quit someday in the future.

If the Broker/team leader is paying - nothing belongs to the agent, ever (unless the broker/team leader opts to hand it over when the agent leaves and it's in writing).

2. Lets say you are a broker and pick up half the tab or a faction of the cost of the agent sites, is your answer to the content ownership/site ownership issue any different?

Yes, then an agreement would be made as to what happens to the site if the agent were to leave, what content is allowed, if content needs to be pre-approved and what happens to leads from the site. Until the agent leaves, the Broker/team leader would still retain ownership of what content is placed on the site and all leads.

3. If the agent picks up the full tab for a brokerage template site should ownership issues be any different?

If the agent pays, it's their site (now and when they leave). However, as it's a broker template the content should be approved prior to publication but all leads should belong to the agent.

4. Agent picks up the entire cost of a non-broker skinned template site and does his-her own thing?

This is where our contention comes in: It's all theirs. If they are paying and promoting everything belongs to them now and forever. The broker needs to stay out of everything at this point but should still periodically monitor for abusive content.

Big Brotherism question. In these different situations what are your opinions on the broker monitoring analytical data - tracking the number of leads and even snooping the actual content of e-mail correspondence between the agents and their clients. Who would own the leads in these four different situations if the agent ever left for another brokerage?

If the agent is paying for everything and non broker template, stay out. It's their site, their data.

If the broker/team leader is paying for anything then all leads should be funneled to the main site with an indicator of which site generated the lead.

If it's a broker template but the agent is paying for it: The leads and data should stay with the agent and the broker should stay out.

This all depends of course on the written contract between the broker and the agent and of course any applicable state laws such as Larry has pointed out.

No offense Larry but glad we're not in NY

My 2 cents worth.

[SLP-NYCT]

@ Jessie:

I was quoting or referring to NY Law, but I'd bet that since it is basic contract law, it is VERY SIMILAR across this country. Most of this goes back to how our relationship is formed with the broker vs agent.

Opinions DO NOT hold up in court. Fact and Law does. This again is why I have over 30 pages of New Hire contracts and information. Always put what you expect IN WRITING and have it signed by both Responsible parties and there will never be a question!

EVERYTHING is NEGOTIABLE. We were taught that in the beginning, right? It applies here too!

Once you put your and your brokers expectations down on paper, there will be a lot of paper, but its for the best.

Remember EVERYTHING comes to an end. Business 101: No Business Plan is complete without an Exit Plan.

[jessiesc]

I understand what you are saying Larry and while not an attorney the bottom line is this:

The listings may belong to the broker, and of course we as mere agents hang our licenses with them for their ability to take liability and all the other responsibilities of being a broker.

However, there is no way I am going to hand over a site that I have worked hard to make the #1 site in our area, paid thousands of dollars to update and just give these leads to a broker to distribute to whomever they please.

Pigs ain't flyin', so it's not going to happen.

I've had this discussion with several brokers in our area before selecting our current broker all wanted our site and our leads.

One broker we were very interested in joining with, contacted their corporate office attorney's and the results were: while the listings belong to the broker (which was another contested item which we already knew), the content from the websites and any contacts received from the websites belong to the payer/owner of the website unless otherwise stipulated in the Broker/Agent contract.

[loudog]

Whoa . . . this is a good one!

I am a New Yorker just like Larry (BTW Thanks again for that co-broke Larry, I have been meaning to check up on it with you) so I am of the understanding everything happens through the Prin. Broker.

It is law that any advertisment done by an agent (including a website) must be done so utilizing the logo and a clear statement of affiliation indicating your relationship with the brokerage company holding your license. With that said, it would be hard to prove that some part of your lead pool didn't come to you as a result of that branding.

I think the website belongs to the agent and the leads belong to the broker holding the license.

The data of course belongs to Zillow, Trulia and REALTOR.com so they can properly sell it back to us

[jessiesc]

It is law that any advertisment done by an agent (including a website) must be done so utilizing the logo and a clear statement of affiliation indicating your relationship with the brokerage company holding your license.

It's the same here. I imagine it's the same everywhere. However the logo and affiliation is up to the broker/franchise.

Example: at our office, we just have to place affiliation some where. How big it is, is irrelevant and can be minuscule if we were so inclined.

With that said, it would be hard to prove that some part of your lead pool didn't come to you as a result of that branding.

I have to disagree to a point. We've changed brokerages several times and have not seen any significant change in our leads or visitors from our sites.

The data of course belongs to Zillow, Trulia and REALTOR.com so they can properly sell it back to us

Ok, now don't get me started in this

[loudog]

I have to disagree to a point. We've changed brokerages several times and have not seen any significant change in our leads or visitors from our sites.

I didn't mean that the leads actually came as result of the branding, if they did, that would be all we had to do to get leads. I was just saying it would be hard to prove that's all.