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In the Award Winning Dishin' Dirt with Gary Pickren, South Carolina Real Estate Attorney/Broker/Instructor- Gary Pickren discusses important, timely and relevant topics for South Carolina real estate agents. He covers topics such as the NAR Settlement, "wholesaling", seller disclosure, video marketing, repair addendum, RESPA and much more. All topics are either related to real estate or agency law, marketing or real estate agent best practices. Gary also brings a touch of humor to each podca ...
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Sitzer/Burnett was not the end of the legal threats to the real estate profession. In 2025 real estate licensees will face other threats that could derail and upend the industry and the way you practice. Today I examine what former Dishin' Dirt guests, Darryl Davis and Carl Medford, think are the biggest issues legal issue and threats that real est…
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We continue to walk through the ever-changing landscape of the so called "Touring Agreement" with updates on Ketchmark's and the DOJ's comments to the court and what they could mean for the future of executing the agreement before showing a house. Plus, additional updates on FINCIN and Wholesaling. Don't forget to like us and share us! Gary * Gary …
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So you thought all your worries and risk for anti-trust issues were resolved by the Settlement. Well, think again. The DOJ is now saying the Touring Agreement is anti-trust yet Ketchmark says if you don't do one, he will come for you. What do you do now? And that is not all, five new terms about the settlement just got released. All your workaround…
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I was out of town and missed this month's Real Estate Commission hearing but a lot of big things happened. The REC released a Guidance Letter on what is considered wholesaling according to the plain language of the statute and how that statute would be applied to advertising that is currently happening in the marketplace. Additionally, I have some …
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**** EPISODE 200!!!!!!**** Thank you! Thank you! FinCen is some really scary stuff. The federal government under the guise of "stopping money laundering" is requiring every business entity to provide information on all parties involved in the ownership, formation and control of the company. This act is arguably unconstitutional. But if you have a c…
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We are seeing such a mess with broker compensation. Contracts and Form 120s are all over the board. Seller, buyer, agents, lenders and closing attorney can't decipher what the intent is on some of these. It is an unmitigated disaster. Today, we talk about how easy this should all be and how to handle broker commissions moving forward. Don't forget …
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Kyle Toomey recognized that in order to catch someone's attention on social media you had to be quick and entertaining. Thus, he perfected the running real estate agent phenomenon. In doing so he garnered millions of views and thousands of likes and created a social media following that directly and indirectly exploded his business. Listen to his t…
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Clear cooperation is the next area of your practice under attack by lawyers and the DOJ. Today I discuss what clear cooperation is, who supports it, who doesn't and the potential risk to ending the practice. Don't forget to like us and share us! Gary * Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expresse…
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Last week, the South Carolina Real Estate Commission issued a guidance letter that addresses substantive contact, the South Carolina Disclosure of Brokerage Relationship and the NAR Settlement. Does these revised documents now fulfil the NAR Settlement requirement for a Touring Agreement. Listen to learn more! Don't forget to like us and share us! …
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Last week, Blair Cato stopped two potential real estate frauds that could have cost the buyer hundreds of thousands of dollars. Erica Lybrand, our title attorney, joins me today to discuss these two frauds, what Blair Cato did right, what the real estate agent did right and what lessons can be learned. Don't forget to like us and share us! Gary * G…
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There continues to be massive numbers of people without power in the Upstate and even here in the Midlands of South Carolina. Today I discuss what agents need to know on how lenders and insurance companies may treat closings moving forward this week. Don't forget to like us and share us! Gary * Gary serves on the South Carolina Real Estate Commissi…
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I have had many conversations with Realtors who espouse their anger over how things are being run at NAR. In fact 62% of Realtors in a national poll have stated so. Today I offer Ten "suggestions" for NAR that will help it suck less. In providing this list it is done with a belief that NAR is probably the only group standing between you and the mor…
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One of the biggest complaints of real estate agents since the settlement is the requirement to get a touring or showing agreement signed prior to showing the buyer a house. Luckily for you the Real Estate Commission may have solved that issue for you. I examine that ruling as well as the status of three other issues that have been a rallying cause …
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We are only a few weeks into the new compensation rules and agents are already greatly screwing it up all over the place. Today, I will walk you through how compensation is supposed to work in the ERTS, the Form 120 and the contract. You need to listen carefully and take notes so you don't make the same terrible mistake that a lot of agents are mak…
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As we enter the second full week of the implementation of the settlement, I began getting many calls for me to draft an Exclusive Right to Sell Agreement that is NOT broker to broker compensation. Brokerages have already started to recognize that the traditional system of broker to broker compensation is not only on the endangered list but is also …
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I have been warning agents that the NAR Settlement was just the beginning of this. More lawsuits and government intervention would soon follow. Today I discuss a $3.29 million settlement/fine involving real estate agents and title insurance. I actually applaud this settlement as a positive step forward for the consumer. If you are doing these schem…
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Now that we are a week or so into the new rules on real estate compensation, we need to discuss how your commission might be shown on the settlement statements. Direct compensation, concessions and broker to broker commission most likely will be handled differently and you need to know what to look for on the ALTA. I also will discuss what document…
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The settlement went into full effect and force today. With that comes many new problems and requirements for the real estate agent. Today we attempt to resolve two of these problems for you. The first problem we resolve is the crazy idea that you should rescind your agreements and enter into new agreements. The second problem is the touring agreeme…
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Two things are 100% expected. You will always have to pay taxes, and the national media is a joke. They lie and obfuscate. They work an agenda and allow half-truth and inuendo to take over. Moreover, there is zero intellectual curiosity in the media. That just spout talking points and never examine the issue to see if the points are truthful. Case …
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Everyone is on edge about broker compensation. How do we handle it through Form 120? Why can it not be done in the contract? What about all of the issues with concessions? On Monday I published my discussion on all of these issues with Leo Pareja, CEO of eXp Realty. Afterward he and I discussed my thoughts on how it should have been handled. He the…
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A lot of rumors are swirling about how August 17 will play out for agents. One of the biggest rumors is that eXp Realty agents will no longer do broker to broker compensation. Leo Pareja, CEO of eXp Realty, joins me in this special edition of Dishin' Dirt to set the record straight and discuss how compensation will be handled August 17 and moving f…
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Can buyer broker agent compensation be included in a buyer's offer? Does including it in the contract violate the NAR settlement or South Carolina license law? Today we find out for good. Also, I examine the changes to the Exclusive Right to Buy and Exclusive Right to Sell that SCR has published. Don't forget to like us and share us! Gary * Gary se…
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Another week and even more confusion. Today we take a further look at the two avenues for a real estate agent to get paid compensation post August 17. We will try to answer when and how to use the compensation agreement versus contract concessions. Plus, is procuring cause dead? Don't forget to like us and share us! Gary * Gary serves on the South …
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The new MLS and REALTOR rules from the commission settlement are set to begin on August 17. There is so much confusion still in the industry. I did this podcast and added to it twice after I recorded it. So yes, I am confused too. Today we look at the South Carolina REALTOR Association's revised contract and compensation form to see what we will be…
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Finally, the MLSs strike back on the ridiculous settlement rules! Today we examine four different MLSs across the country that have decided to give the big middle finger to Michael Ketchmark and the settlement requirements. These MLSs are doing what is right and best for the consumer to ensure transparency and fairness to all buyers, sellers and ag…
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In May 2024 Governor McMaster signed the revised SC Code §40-57-10 into law. In that statute that governs the practice of real estate in South Carolina there are several provisions dealing with "wholesaling". Today we will examine the statutes to determine if wholesaling is illegal or not in South Carolina as well as why real estate agents should c…
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Finally, South Carolina is at the forefront of something good. South Carolina is one of the first states to prohibit and void the 40-yearlong listing agreements that are recorded at the register of deeds office and binds even future owners to the agreement. With Gov. McMaster signature the agreements were deemed void and unenforceable. Listen for a…
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We need a break from all the crazy legal stuff happening in real estate for at least one week. This week I have an incredibly fun guest for you. Chelsea Peitz is an Inman News Top Marketing Influencer for 2023 and 2024 Marketing All-Star. She is one of the most sought-after speakers, coaches and podcast in the real estate space. And it looks like w…
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In Part 3 of the three-part series covering the changes to the real estate agent code, I explain the remaining additions and changes to the statute. These changes include carrying education credit forward, new team name requirements, broker experience requirements and a lot more. I also give you the background story behind the reason for the change…
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We begin part two of our examination of the newly revised SC Code §40-57-10. The real estate licensee code contains major changes in Section 135. We review all five of the major changes or updates that can be found in this one section alone. These might be the most important changes to the statute this time. Don't forget to like us and share us! Ga…
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On May 21, 2024 Gov. Henry McMaster signed into law the revised SC Code §40-57-10. This statute governs what you can and cannot do as a real estate agent. Today I begin a multi-series examination of the revised statute and discuss how it will affect you practicing as a real estate agent. Don't forget to like us and share us! Gary * Gary serves on t…
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We are just a few weeks away from significant changes in how all real estate agents do business. Nick Kremydas from SCR is joining me today to discuss what happens now. How is agent compensation going to be handled moving forward? What can you and can you not do on the MLS? Where can you advertise compensation? We break it down so you don't have to…
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Are you social media allergic? When it comes to using social media in our business, we all seem to have a touch of this allergy from time to time. But you can learn to unstick your social media in as little as one hour per week according to this week's guest, Karlyn Ankrom of OhSnap! Social. Learn how the Fan Firestarter Framework can put you on th…
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As a real estate agent you have access to information that can give you unparalleled knowledge. It is time to put this knowledge to use and create a second stream of income. Perhaps one that is equal to or great than your current GCI. It is a lot easier than you might imagine. Vanessa and Hart Traylor join me today to discuss how they used what the…
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As if almost on cue, another real estate agent commission lawsuit dropped last week. This time it was filed against 50 to 60 mainly local South Carolina agencies. Notably missing this time were the large brokerage that settled their lawsuits with the Sitzer/Burnette plaintiffs. What does this mean for the market? Also, there is bi-partisan oppositi…
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A staggering 91 percent of consumers still believe that a real estate agent is essential to navigating through a real estate closing. This is the only evidence that you need to understand how to craft and deliver your value-add proposition. It also means this is why perfecting your value-add should mean business as usual for you despite the NAR set…
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In this episode I am going to take a step back from Sitzer/Burnette and discuss the scary topic of real estate frauds involving taking your social media posts and creating deep voice and image fakes using a spoof card. These fakes are so real your mother would think it is really you talking and interacting. Tom CronKright with Certified is with me …
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A lot of you have asked how you should discuss the NAR settlement with your Seller. Today I discuss some of the main points you want to emphasize to your seller about how the settlement did not change the law nor did it prohibit a seller from paying a buyer commission. I also discuss what the law suit was really about and what it was intended to ch…
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It all is doom and gloom since the NAR settlement. But is there another side that is possibly a positive for agents? No one really knows how this will play out. Not even the so-called experts. However, are we to believe that NAR has not already thought out what happens next. I can't believe that one of the nation's largest trade organization has no…
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As you probably know by now the National Association of REALTORs settled the Sitzer/Burnette Case last week for $418 million dollars. But the bigger cost may be the concessions that NAR made in order to settle including a new rule prohibiting the agent from listing a co-op fee on the MLS. Today I discuss the settlement as well as the ramifications.…
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In light of the monumental verdict in the Sitzer/Burnette case Buyer Agency Contracts are more important than ever. You can no longer half-a** these agreements. You should take extra care to demonstrate your knowledge and to fully explain not only your duties and obligations but also those of the buyer/client. In today's podcast I cover the do's an…
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We all know how quickly people flip through social media. You have mere seconds to grab and hold someone's attention. So you have to utilize that short period of time to make someone want to stay on your post. People go to social media to be entertained and not sold to. So how do you entertain and sell at the same time and grab them in seconds? You…
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I hope last week scared you enough to realize that everyone is a potential victim of wire fraud. It is getting much worse, not better in the real estate market. Tom Cronkright of CertifID returns for part two of how wire fraud is growing in real estate, the methods the fraudsters are using and how to protect yourself as a real estate agent. As I st…
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Are you ready to be scared to death? This podcast episode has it all. The Nigerian Black Axe Organized Crime Syndicate, international hitmen, the dark web, fraud and real estate agent liability. If you were not scared of wire fraud before today then listen to Tom Cronkright of CertifID and he will ensure that you never look at a real estate transac…
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Carl Medford joins us for Part 2 of his Top 10 Things You Need to Be Doing Right Now. In particular, this week Carl discusses the six things that he always asks his clients to do for him when he represents them. Carl also covers the remaining seven items you need to do to improve your business today! Don't forget to like us and share us! Gary * Gar…
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Real estate agents are leaving the profession in droves mainly due to the difficulty in maintaining a reasonable income. Carl Medford joins me today to discuss an article he wrote for Inman News on the Ten Things to do Right Now, So You're Not in the Next Wave of Agent Exits. Listen and learn what steps you can take today to ensure you are a top ag…
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Maria Quattrone, CEO of Maria Quattrone & Assoc. Re/Max @ Home and Motto Mortgage Expert Solutions, is viewed as the authority on all things real estate in Philadelphia. Because she is known as the authority, sellers and buyers want to work with her. Maria joins us today to discuss how you don't have to make fancy social media posts or brag about h…
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Gary Gold joins us for Part 2 of his incredible interview on selling the Playboy Mansion and a lot more incredible stories about working with celebrities such as Jay-Z, Rhianna and Mylie Cyrus. Today, Gary discusses how you can out work, out prepare and out hustle other agents regardless of who you are or how successful you have previously been. He…
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The venerable Gary Gold sold the Playboy Mansion for $100 million and then followed it up by selling the Chartwell Estate (aka The Beverly Hillbillies House) for $150 million. Listen to Gary's story on how he got the listing despite competing against the biggest name agents in the world at a time he was not as well-known. Gary shares tremendous ins…
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This week I examine what the so-called experts are saying about the 2024 real estate market. Will the market crash? What will happen to interest rates? How about inventory? Are sales going up or down? I have done all of the research so that you don't have to spend hours on the internet! Don't forget to like us and share us! Gary * Gary serves on th…
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