We all know that imitation is the penultimate form of flattery, yet when does imitation cross the line to outright thievery? I have spent a fair amount of energy in the past defending our industry and the agents who populate it. Today will be different.
I periodically devote some time to familiarizing myself with the goings-on of my compadres in the local real estate market or, more specifically, their marketing efforts and online presence. This is not an exercise in paranoia, but rather one way of keeping in touch with marketing in general. I am continually on a one-girl crusade to ensure that in our business Steve and I are taking advantage of all of the best tools available. It is my attempt to constantly stay informed, to stay innovative and to always be improving the services we offer our clients: To stay on top of our game. Recently I happened upon another local agent’s marketing presentation which sent me reeling in a double-take moment of deja vu. You see, his presentation was my presentation, or at least the one I was using months ago before I put it through an improvement overhaul.
By way of background, I have never been a secret agent. At my former company, I was happy to give the Marketing presentation to my office at my Broker’s request, complete with samples of every piece I have ever published, now or in my early days. I would have given them my business plan if they had asked, for I have never been one to believe that another’s success diminishes my own.
Steve and I were arguably the first in our local market to embrace image branding, and our efforts were in large part responsible for the agent branding revolution we have seen in our area over the past six years. This is not boastful, the idea would have caught on eventually as it has everywhere, but we just happened to be the rainmakers. Now there is nothing wrong with emulating another’s model or work; this has, in fact, always been the best advice I could give any aspiring rock star. It has all been done before, so learn what has been done, and do it better. Pure and blatant thievery is something different entirely, however. And for the record, plagiarism is just bad form. Let me add that I do not know how or even if this material is being used; I suspect it is, but I hope it’s not.
As it turns out, the marketing materials in question are my words and, in some cases my, graphics. My favorite is the “visual tour” page which shows my listing. The agent knew what they were doing, and do it they did. Whether or not this “borrowed” material ever saw public circulation is unknown, but having been produced and paid for, the intent was clearly there. There is no need to name names. It is a small real estate world we live in, and word will get out.
So, back to Elvis. He revolutionized a music industry, and many followed, many who adapted his style. Some had little success while some went on to make names for themselves, yet I, for one, never saw the Beatles perform Blue Suede Shoes. That would have simply been a rip off. Then you have the Elvis impersonators who took on his likeness and mimicked his characteristics and his music. The big difference between my agent and these other “Elvi” is that they never tried to conceal the fact that their act was a copy-cat gig, they never professed to have been the original recording artist, they never claimed to be the real Elvis. I suspect there were even some serious royalties involved. To my agent, I believe you have crossed ethical boundaries, and it is time to sing a different song.
Author’s footnote: I would like to close this subject with a challenge, or a plea if you will, to the real estate industry on the over-arching message, lest it get lost. Ours is an industry of independent contractors who must simultaneously work together and compete. For those of us who take our work seriously, it is our obligation to self-police to maintain the integrity of our profession, and it is imperitive that we maintain the highest ethical standards. Enough said. Elvis has left the building.
ABOUT THE AUTHOR Kris Berg is Co-Owner and Designated Broker of San Diego Castles Realty. If not-so static web sites are your thing, go here at once where you will find loads of real estate information including homes for sale, market trends, floor plans and more. Kris's hobbies include fencing and spot welding. She likes kittens. 
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{ 15 comments… read them below or add one }
Fink ‘em out to their broker. I have had stuff pulled same day.
And: get CopyScape to protect you on the net.
Looks like the lack of business is making people do what ever they can to survive. Spring should be interesting as the prices really drop and the ARMS reset. Not a great time to be selling a house in SD. I would sell it low and be glad I got out at this point.
Unfortunately, that won’t work here. I will let you make the leap. Thanks for the CopyScape tip. This would have saved me having to watermark all of my floor plans on our website, which I did at great expense.
Hmmm. Several independent, yet related thoughts come to mind:
1. “Hell Hath no fury…”
2. Kris has a VERY LONG memory;
3. We have a broad agent network and strong relationships with most of the active agents in the market we share with the thief – the word will get out quickly;
4. The material was stolen from our graphics design firm and the agent knew this. Did he order it?? Either way, it speaks volumes about his integrity, or lack thereof.
It is sad, but this happens in every business. I taught jewelry classes at a well know store in old town. Students would take my classes that I created, and then go teach them somewhere else, and use my instructions. Ahhhhhhhhhh!!!!!
Stan, Perhaps desperation or perhaps bad judgement.
Cheri, It really is silly when you consider that nothing is perfect, and it would have made more sense to take my materials or your instructions and improve upon them!
This from an email:
>I would suggest you not use the words illegal unless you are a court of law. I agree with everything you wrote and would hate to see someone take advantage of this slip. You and Steve are a great team thank you for being in the business.
I will eat crow and admit that, while the use of the term may have been misinterpreted (I was speaking generally), I have deleted the reference.
What was done IS illegal and unethical, its sad that we live in such a volitile place these days where we have to watch what we say. What happened to freedom of speach-without-worry-of-being-sued? Maybe we should burn some Dixie Chick CD’s and remember what its like to be a real American! =)
Since most Realtors were created in the last 3 years most will be gone soon. Hopefully the bad ones are already gone. I see Jim the Realtor doesn’t have much to do but blog all day.
Perhaps “Jim the Realtor” doesn’t have much to do. Or, just maybe, Jim the Realtor blogs because he sees it as part of his job, and because a key element of his business plan is to market broadly in a changing landscape of technology, thereby allowing him to remain innovative and relevant.
I’m just sayin’.
Sad, indeed. It’s not only unfair to use your words and your images but this cheater puts you at risk as being seen as copying him. I had something similar happen to me once. Another agent copied portions of my website. I told him that I was most concerned that someone might think I stole his work. I ended up updated my site rather than fight with a fool.
>I ended up updating my site rather than fight with a fool.
Who told you?
Kris, thanks for backing me up, I appreciate it and you.
Stan, For us realtors, the blog IS our place of business – it’s where we can best demonstrate our skill and ability to help people. You have something to say, and have been a long-time participant. I’ll take my finger off the delete button – can you just give us a bit of a break so we can help a few people?
You gotta take the good with the bad.
If you insist on being a revolutionary agent who provides their clients with superb marketing and brands themselves better than others- if you utilize your talents, then you have to expect that others will try to copy.
And you will have to watch for these people and make sure they know that you see and won’t accept it.
Take personal accountability for being creative and excelling in your field. You can’t put all the blame on the cheaters- they are not the ones with all the talent.
I am an Elvis Impersonator. I am wondering if your company would be able to help an Elvis in your area. I have been doing this for 20 years. I can be seen on You Tube at http://www.youtube.com/watch?v=nyxOkd-XvZU. Check it out and see what you think. Thank You Ricky Scott