Common disclaimer - I'm an agent, not a lawyer. And likely the rules are different in FL than in AZ.
In Arizona, the broker is responsible (and liable) for all advertising. Independent contractor or not, they are responsible. If the broker doesn't like it -- for whatever reason -- they have the right to not have it done.
Actually, in AZ, your ad would be illegal because it does not disclose the brokerage or include FHA/EHO logo.
Don't get me wrong, I liked it. I understand it was experimental. I'm not saying the broker was right to "fire" you. If it were me, I probably wouldn't have taken it down either, and I would find another broker that allows more latitude for things like this.
But the broker has legal obligations and liabilities that a lot of agents seem to forget. The "I'm an independent contractor" argument isn't valid in *many* of the places agents tend to use it.
If you truly want to work for yourself in real estate, opening your own brokerage is the only way to do it. Then you are free to market as you see fit -- as long as you comply with state and fed rules and regs of course.
As usual, Jay beats me to the comment 
. But let me echo and expand on what he said.
Here in WA, same rules apply: Broker info on all "advertising". In this case, I actually happen to be the Broker. Would I "personally" like to see you fired for this? Hell, no.
But "professionally" with the Broker rep on the line, my name on the door so to speak, and the potential ramifications it all entails, we might have to part ways if you failed to pull the video.
Disappointing, yes, unavoidable, likely. As an innocent bystander, I wish you the best, but I understand the Broker's position in this too.
Good luck.
I echo the sentiments of the first to comments. I work in a similar situation as a basketball referee. While referees are independent contractors, we depend upon or assignors and supervisors for assignments. If they don't like what we do, either we get in line, or we find another line. It sucks, but it is the way of the world.
The best solution (which is what my wife, myself and my mother-in-law did to avoid such situations) is to start your own firm. Then you really will work for yourself.
Best of luck!
That's the beauty of all of this. I AM a broker, and have my office opening in about two weeks. I think this could have all been avoided if I had been approached differently. The argument I was given was the most hypocritical load I've ever heard, and I'd had enough.
Thanks to everyone for the comments. Sure has made for an interesting day to say the least.
Whole situation kind of sucks. Fortunately it's not hard to find a broker to work under. I hope this works out well for you. I guess I can see both sides. My broker is very liberal, so I feel safe in whatever I post. Cool experiment though. It will probably get a lot of attention for your blog.
Yeah, Jay is right. Legally, you can get canned for this, or parking in your broker's spot. But it's one way to gain your independence.
Good luck Shaun. For what it's worth, I support your creative expression of your free speech right.
I beleive in freedom of speech. I am afraid that if you are encouraged to leave because of this then I may be asked to leave becasue of something I write on one of my blogs. I don't know what the rules are here for advertising. I guess if my broker is responsible for my advertising than they can tell me what to do. if they are not they can't.
Your blog in general would not be legal in Minnesota if you are a Realtor because you do not identify your broker. It is not compliant with NAR regulations either. . . but then a great percentage of real estate blogs are not including those that are designed by the pros.
is blogging really advertising? how about a forum? what about a wiki? what about an email?
isn't it really a platform for communicating? teaching? educating? learning? venting? etc.....
when a journalist writes an article for the newspaper is that advertising?
Funny,none of my brokers have ever checked my advertising. Sorry this happened to you, but it is just ducky that you stood up for your right to free speech. Enjoy your little holiday and best of luck with the new venture.
It's sad that it's getting to this, but there's more to come. At least you should feel liberated!
Best of luck to you Shaun!
Shaun,
So sorry to hear about all this. I think the topic was timely and important. We've seen some of this ourselves from various Realtors and i think your broker was being short sighted to have made such a big deal out of it. It was not an indictment of her, her office or her ethics, it was simply social commentary on the moral state of some real estate professionals. On the upside, you are now infamous!
Hi Shaun-
Rotten situation - but like I told you yesterday, I think the ultimate result will be great.
Don't forget to let me know when the new office opens and Good Luck!
Thanks everyone. It's a new day. I'm running out the door, but want to let you all know I appreciate the feedback. I've got a lot to say, but no time to say it right now.
Well, some of you may believe in "freedom of speech", but here what you have is plain & simple "freedom of stupidity..." Your broker gave you an ultimatum and you refused. I don't blame your broker. You can open up your own agency and do whatever the hell you want.
Good luck
Jim
hey Shaun,
I feel for you. The world is filled with people who want to tell you what to do, what is acceptable, or just be negative in general. I stay far far away from those folks.
I'm sorry that your broker didn't get it and let you go, but like others have said, I think you'll be better off in the long run. There's lots of compatible clients out there no matter who you are or how you run your business. Put up your beacon and let clients that match your MO find you.
Hope all is well,
Joe
http://www.joecline.com
I definitely have to agree with the others, you are definitely going to be well-known because of this. You should have no problems getting a new broker.
Sorry, I would not be able to let you stick around with our Brokerage associated with that video and I certainly can't think of a Brokerage that I have been that would allow it either.
Now... if you changed this up and actually showed some real estate...
A great lesson my wife taught me while arguing with my two and half year old daughter. She said what are you doing? I said I am trying to teach her blah, blah, blah... My wife said, choose your battles.
As for the right of a broker, I am not an attorney either and things are different in UT then FL. However they probably are not different when it comes to the broker agent thing. It is ultimately the broker’s responsibility. If an agent does something wrong, it is the broker that is the first line of getting in trouble.
If that is the rule then that is the rule. As for being an independent contractor, I am going to go out on a limb and bet your contract says that either party can terminate the contract at anytime.
Thanks for all the comments. I agree picking your battles is good advice, but keep in mind. I was already planning on leaving this office in two weeks. This video has promoted my site more than I ever could have with mailers, and helped spread the word that I'll be opening the doors to my new office in a few weeks. Had I not decided to keep the video up, this story would not have been such a big deal, and would not have been so exposed.
Shaun, the video was very funny and this has obviously gotten you a lot of traffic, so in the long run I expect this will work out to your advantage. I don't see many clients seeing this and saying "This is the guy I want to work with" because of it, but it let's people know who you are and helps establish your brand.
With your creative and anarchistic streak you will probably be better suited on your own anyway. Notereity isn't a bad thing as long as you aren't permanently labeled as the sex guy.
Hey Shaun,
I commented on your video post before I had a chance to read this one. It's unfortunate the way this unfolded as I believe your broker could have handled it a bit differently, however I admire your courage to take a stand and on this.
Like you said, you were planning to leave that office in a couple of weeks anyway and I have no doubt that Ekday Realty will do very well.
Take Care and let us know when your new doors have officially opened.
I was kind of suprised when I saw it on the blog. I watched it and thought it was pretty cool. This is interesting to learn you were canned over it. I can see both sides of the fence on this. Bottom line, keep thinking outside the box and you'll continue to do well! I really think you have a fresh eye for the change of real estate that's actively upon us. Hell if you were in TX I'd hire you! Gotta have a few guts in this biz. Best of luck.
I had an agent complain about one of my blog posts because they didn't like what i said about their company. So I went before the Board of Realtors ethics committee and had to explain it to them (several on the committee were friends or people I know well from doing business together).
I left the post up on my blog anyway. My broker hasn't said a word to me about it.
Am I the only one missing the point here? I am so tired of seeing agents disgrace the profession I take seriously and treat with respect. If you were truly an agent worth working with, you would not need to resort to this type of advertising. Agents over the past several years have turned this career into a joke. Creative ad, yes, funny, yes. Can you back it all up with being an honest, reputable agent that knows how to provide quality customer service? I doubt it. The reality is you probably spent more time on your commercials than actually learning how to be a valuable agent. If this video works, more power to you. If you try and represent a buyer on one of my listings, I look forward to educating you on how to be a good agent that does not have to resort to cheesy commercials that make other REALTORS look cheap.
Great comments from the gallery. This leads me to another question.
Is there the need for a disclaimer on blogsites? If so, what should it say?
The spineless brokers who keep talking about "advertising" are barking up the wrong tree. This is not "advertising", this was just a little fun on a PERSONAL website. It doesn't even mention the damn brokerage, so how can it be "advertising"? It can't boys and girls, it can't. Engage brain before typing. I don't care what state you're in. It's nothing but the usual political correctness gone awry and a knee-jerk CYA behavior.
The only thing that was wrong with it in my view is that on the latter half of the video, each photo should have been followed by a piece of real estate to make the connection because it doesn't have a whole lot to do with sex and real estate - just sex... it's just a T&A video Shawn - nothing wrong with that of course but some buildings would be nice too.. lol... then it will be T&A AND real estate - now you're talking!
That's why I chose the company I'm with. They stress the fact that your an independent contractor and you do what you want to do...as long as it's legal and ethical. I'm confident my broker/team leader would have no issue if I put together a video like you did. My personal thought is that it's total bullshit that your broker gave you the ultimatum and if I were given that ultimatum I'd be happily taking my business elsewhere.
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