nauset management blog

Taking leave of the weather musings, the general blog keeps you in the know from a tip of the week to a tip of the hat.
“His dry wit and excellent writing are a bonus.” H Ayares

Unethical?

With 2020 packed in mothballs, I have a tremendous amount to be thankful for when looking past the chaos and surveying the fruits of my hopeless contrarian approach to business. As the world was coming to grips with an eminent change in our day-to-day routines cloaked in uncertainty, I bought an office building, made a full time hire on the management side and added a vehicle to the fleet. On the real estate front, I managed to cobble together just over $21 million in sales in 2020 which worked out to almost an exact split between buyer and seller representation. Certainly not the top of the heap nor the bottom though I’ve never mired myself in statistics but rather results and relationships. As most if not all of my management base may attest, whether they’ve been with me for two months or two decades, I am a hopeless sap for good people. In turn, this sentiment has been a driving force in how I’ve approached my management, services and real estate services from day one. Laser focused on developing and nurturing lasting relationships, giving back in any number of capacities is not only a gesture of gratitude but in my mind its simply a better way to do business rather than a gimmick.

 

In recent months, I’ve heard some secondhand grumbling from a slight few that do not see my approach through the same sunny lense. When the first used the word unethical, I of course assumed this party was simply unaware of the definition. When the word was floated for a second time, that of course got my attention and as I have no intensions of altering my protocols, policies and principles that I’ve exercised since 1998 over misguided yet ruffled feathers, I did feel compelled clear the air as someone misrepresenting my methods may surely fall into that 50 shades of gray of unethical behavior.

 

The alleged crime: Offering “inducements” in order to attract business.

 

It took me years to enter the world of real estate as the stereotypes soured me time and time again. Within hours of apprising my management flock that I had become an official real estate agent, I was run over with every tongue in cheek comment one might imagine. Such as most, real estate business in the early years came from friends and of course management customers as real estate is one of the very rare occupations where virtually zero prior experience, journeyman ship, apprenticeship, degree, etc is required but is rather based on, at least at the onset, trust rather than track record, education or general achievements. Some, such as myself, entered the industry with relative knowledge such as my building and management background but for just about everyone starting out, we are untested.

 

Sitting in a closing way back when, watching a breathless agent clutching their pearls in one hand and a commission check in the other engaged in a full blow case of the vapors because the attorney forgot to cut the $50 reimbursement check for a smoke inspection was the very moment that I had concluded that the “settlement statement” [list of agent/broker reimbursable expenses] I had just learned of would never see the light of day in my world.

 

Shortly thereafter, one of my first listings came along and it was for one of my original 5 management customers from 1998. Heartbroken over the circumstances leading her to selling, this “customer,” who had evolved such as most of my base over the years as family, had my undivided attention. Devoid of any premeditated angle, to say nothing of having the signed listing agreement in hand, it never occurred to me that I should begin calling the owner for checks and coordination of inspections, cleaning, pictures and the myriad of fees that would bring us to closing. I simply took it upon myself to spare her the added stress. Months later, having sold their home south of Boston and settling into Florida, she called in a panic concerned that our Cape transaction was not valid in that her Boston area agent “seemed to call daily looking for a check” and proceeded to reel off the list of typical items. I then assured her that all of those issues were filed and paid for. The tears of gratitude to follow cemented my approach to real estate.

 

While I make no bones about reinvesting in my buyers and sellers, I remain confused over the ethics matter so I did some digging but first it is important to start at the beginning. In order to become a real estate agent, one must find three people that endorse their character then complete a 40-hour course which simply prepares one to pass the multiple-choice exam. To rib my broker at the time, I often referred to this course as The Academy. As real estate seems to be in constant competition with law in terms of who can develop that most convoluted terms such as severalty meaning of course singular, the industry is also ripe with acronyms which again, come in handy during the multiple-choice exam. Among these acronyms is COALD which stands for Confidentiality and/or Care, Obedience, Accounting, Loyalty and Disclosure.

 

Loyalty: A duty of loyalty is one of the most fundamental fiduciary duties owed by an agent to his principal. This duty obligates a real estate broker to act at all times solely in the best interests of his principal to the exclusion of all other interests, including the broker’s own self-interest. A corollary of this duty of loyalty is a duty to avoid steadfastly any conflicts of interest that might compromise or dilute the broker’s undivided loyalty to his principal’s interests. Thus, a real estate broker’s duty of loyalty prohibits him from accepting employment from any person whose interests compete with, or are adverse to, his principal’s interests.

 

I would humbly submit that if I restructure my commission to assist my client in a sale and/or coordinate and cover the costs associated with the steps that get us to closing, that may be the very epitome of acting solely in the best interests of [the] principal to the exclusion of all other interest, including the broker’s own self-interest. This expectation for loyalty is further illustrated in Article 1 of the Realtor Code of Ethics.

 

REALTOR® Code of Ethics

Code of Ethics and Standards of Practice
of the National Association of REALTORS®

Effective January 1, 2019

 

Duties to Clients and Customers

 

Article 1 (Case Interpretations for Article 1)

When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly(Amended 1/01

 

I would digress here to confirm that no two transactions are the same. At this very moment, I have a closing pending for $450,000.00 where, on behalf of my buyers, I proactively donated $5,000.00 from my commission in the initial offer in order to thwart an otherwise eminent bid war. Conversely, a closing for $2.6 million that occurred just yesterday left no cause or opportunity to get creative rather I will endeavor to make that up on the impending renovations for my buyers. With that said, Article 3 speaks clearly to how these creative solutions are permissible. Among my sales in 2020, applicable cooperating agents and brokers were openly pleased with my methods, to include one who participated, as they were the very cause for success.

 

Article 3 (Case Interpretations for Article 3)

Standard of Practice 3-3

Standard of Practice 3-2 does not preclude the listing broker and cooperating broker from entering into an agreement to change cooperative compensation. (Adopted 1/94)

 

Speaking to advertising, the area in which I was cautioned, I believe or hope that I have successfully satisfied the criteria of exercising care and candor suggested in Article 12.

 

Article 12 (Case Interpretations for Article 12)

Standard of Practice 12-3

The offering of premiums, prizes, merchandise discounts or other inducements to list, sell, purchase, or lease is not, in itself, unethical even if receipt of the benefit is contingent on listing, selling, purchasing, or leasing through the REALTOR® making the offer. However, REALTORS® must exercise care and candor in any such advertising or other public or private representations so that any party interested in receiving or otherwise benefiting from the REALTOR®’s offer will have clear, thorough, advance understanding of all the terms and conditions of the offer. The offering of any inducements to do business is subject to the limitations and restrictions of state law and the ethical obligations established by any applicable Standard of Practice(Amended 1/95)

 

The almighty dollar: The essence of the alleged crime. For better or worse, richer or poorer or whether I genuinely believe in the matter or not, I have always fallen in line and played by the rules evidenced by the four licenses, four bonds, a professional registration, three liability policies, a comp policy and annual MA State Police background check that Nauset Management maintains annually. With that said, it is then my decision as to how that balance of the war chest is allocated and to have this discussion, it is vitally important to review alternate approaches that have been in practice for years.

 

With just over $21 million in sales for 2020, I reinvested just under $80,000.00 in my buyers and sellers be it bridging gaps in offers and acceptance, general process expenses and the like. As I am but a lone broker, surely other shops are working with similar if not infinitely greater margins so where do those funds go? I do not pay a third party, in some cases out of country and irrelevant to my industry, for naming rights. I am perfectly content to work under my own masthead; a brand that I have created rather than renting that of another. I do not spend money on third party entities so as to intimate that these third parties utilize the services of Nauset Management exclusively. I’ve never been felt compelled to dedicated funds to a European luxury sedan in order to bolster the image of success. I have a 2015 truck that I am as attached to as my dogs and while they could all use a bath, I plan on retiring with it in 20 years. I do my work well but equally important, I do it quietly and free of shiny objects and self-importance. On the seller’s side I will always throw the weight of my management and building experience behind the effort and will continue to absorb the death by a thousand pinprick fees and hoops that get us to closing. On the buyer side, it boils down to like it or love it. My creative ways and the lengths I’ll go to depend on it. If I see the passion and excitement, I’m invested and again, no two sales are the same but however we get there, service after the sale is where we’re just getting started be it a management program, renovation or perhaps a bit of both. I’m by your side for as long as you’ll have me.

 

So where does the rest of the money go? As mentioned, I just purchased a building, welcomed a full time hire where I absorb the entire cost for the best health plan money can buy. I added a vehicle to the fleet with another on tap and currently chipping away at renovations on the abovementioned building. More importantly, my approach to real estate remains unflappable through good times and bad. As one service supports another, Nauset Management’s watch customers, already realizing the most competitive rates among properly licensed, bonded and insured companies, are rate locked through September 1, 2024. On the services front, the spoke in the wheel that started it all, our customers are covered from that illusive mouse to a brand-new house. Whatever the line-item expense, the investment ultimately focuses on those who invest in us.

 

It is appreciation and excitement rather than stress of the grind that finds me in the office between 4 and 5 a.m. daily and wondering where the day went when I look up 12 hours later. While most people claim it and perhaps the majority mean it, I genuinely love what I do and how I do it from the diversity of services to the needs from one person to the next, every day is a unique adventure and I’m thrilled to have the honor of being a part of so many of yours.

 

Very best wishes to you and yours in this New Year,

 

Jon

 

New Edition

After 22 years of earnest resistance, Nauset Management welcomes its first full time employee…of the two legged variety to be clear. Jack Still came aboard on August 26th of this year and brings with him almost a decade of home watch experience. Beyond unflappable trust, one of the biggest obstacles standing in the way of securing competent help in the home watch department is what to with that help when the watch demands recede from season to season which is why most work the equation backwards whereas landscapers, housekeepers, etc. shed their primary roles come winter and take up the home watch business in order to bridge seasons. As protective of my brand as I am with the level of service Nauset Management has become known for, it is little wonder that this appointment took 22 years. Jack brings with him a building background and experience that is more than sufficient when constructively bridging those seasonal gaps. As many know, Nauset Management, specifically its watch base, was built on the back of residential construction which ultimately devolved into improvements and renovations to almost a whimper as the management base grew. With Jack on board as a tailormade hybrid, we are afforded the ability to reinvigorate those in-house services and by extension construction management duties that Nauset Management was founded on.

Price Hike

One of the most common questions I field during an initial inquiry is how often the rates change. Since Nauset Management’s conception in 1998, I have imposed 4 rate changes beyond the opening day numbers. Rather than fixed annual increases, forecasted or otherwise, I make it a personal policy to remain conscious of and responsible with pricing across the board. In recent years, Nauset Management customers saw a rate change in 2014 and again in 2018 the latter of which not only reflects current pricing but is also rate locked through September 1, 2024. In terms of timing, ample notice is given to customers in the month of April prior to the September 1 rate change date so that absentee customers are not held hostage by a rate increase in real time and that homeowners in general have more than enough time to research alternatives if they so desire.

As a full-service management company, Nauset Management is also a standalone real estate brokerage and we still manage, and address in-house, a variety of improvement projects ranging from punch-list work to complete renovations. This diversity not only tempers the watch fees but sets the tone for steady, reasonable and projected increases across our range of services.

Ghost Town Dead Ahead

Buried in the FAQ link on the heels of a request now almost two decades old is the question of yard signs for home watch purposes. I’ve never considered it because I could never validate an upside for the homeowner. While hard wire alarm placards in the flowerbed, with or without the actual service may be a deterrent, home watch signs are a beacon of vacancy. The difference between the perception of a rightful owner at work for the day or teeing off at a southern local is a sign claiming that the home is being watched by a third party. No doubt an advertising tool, however ill conceived, but signage is also used as a marker by companies with a sprawling territory and scores of different employees that may not be familiar with the home or neighborhood. Although a full page insert in a local paper proclaiming that your home is vacant may be quicker and cheaper than the annual cost for service, keep your crew but tell them to ditch the sign.

On The Level

Aimed primarily at bi-weekly customers, particularly during a stretch of weather where those 14 days in between checks can feel like months, it is important to know the science, or lack thereof, when it comes to automatic delivery be it oil or propane. While lending a degree of comfort knowing that your heating fuel provider has you on the schedule, the delivery dates are based exclusively on historical usage which of course is based on patterns of usage. The curve is bent when family is in town for a week and the heat setting goes from 52 to 68 or when a painting crew bumps it up to 70 for the +/- 10 days they are in house sprucing up the interior. While rare, it only take a week of unseasonably cold weather to take that third of a tank guesstimate down to an eight. I usually make the call at a quarter tank but for those disrupting the trend for any number of reasons, keep your fuel provider in the loop.

License & Registration Please

Ask for it. Working through my 22nd season, the uptick in home watch companies and pre-existing companies from cleaners to painters and everyone in between offering home watch services, has spiked over the past 5-6 years. Before banging on the State Police Watch License drum, I would digress briefly to explain that for a better part of the last decade, my annual customer turnover is about 8-12 properties. My base has been established for some time affording me the luxury to micro target back-fills if they don’t find me first. In addition, I have mentored an area start up and not a week goes by where I’m not referring business away based on my unflappable loyalty to a cap on customer volume. Having dispelled any notions of sour grapes with alleged competition, I’ll now address the license. Between watch, management and real estate scopes, I maintain 12 forms of license, bond and insurance. For second homeowners seeking to engage a home watch company, ask for a State Police Watch Guard number. As noted in the credential link, this license is required for anyone claiming to engage in the business of home watch. It could be as simple as putting the words on a business card. Anyone can apply for this license and to be sure, the applicant is in no way affiliated with the State Police. The upside for the consumer is knowing that an individual or business has filed the application, pulled together references that are actually interviewed, sit for a live interview with a Trooper and pass a background check. This license is renewed annually and issued based on a passed background check every 12 months. During the watch boom, there have been a handful of rather serious events carried out by some as it turned out that would have never passed a background check. While the State Police Watch Guard license does not assure that your provider knows a single thing about mechanical systems or possesses common sense in general, but it is assuredly a step in the right direction. Anyone without this license is either unaware of the requirements of his or her business, can’t afford the application process or cannot pass the background check. To check a license, call the MA State Police Certification Unit at 978-538-6128.

In Case You Missed It

Stocking Stuffer

As many may be aware, April 25, 2018 marked the fourth-rate change for watch service since Nauset Management was created in 1998. The ability to both lead in service as well as extend reasonable pricing is predicated not only on a restricted service area and a cap on customer volume but a constant co-equal service. Nauset Management was born from a rather diverse if not storied residential and commercial construction career and the marriage of building and management kept costs in check for each scope. As many are also aware, in house building duties were phased out some time ago and to fill that void, I had dipped a reluctant toe into the murky waters of real estate. It seems like just yesterday when I was bombarded with used car salesman shots having made the announcement.
As the years rolled on, Nauset Management became its own real estate brokerage and in the coming days, the first full year of independent brokerage services will be in the books. During this year, Nauset Management managed to cobble together $9,327,900 in sales on behalf of both buyers and sellers and $3,240,900 stronger than the previous season as a kept man.
In 2019, I spent over $35,000.00 on my transactions be it the standard policy of picking up the tab for cleanings, marketing and all the innocuous inspections between listing and closing but also as needed issues such as switching out smoke detectors or leaving a percentage point on the table so that my buyer could squeak out a win during a three way bid war. In one case, I talked an indecisive owner out of selling. Whatever the case, I most certainly invest in those who invest in me and have always slept better for it.
Contrasted with construction, real estate has proven to be vastly more compatible with watch/management services from a logistics and efficiency perspective and after two decades, it all finally clicks.
Blessed with spectacular customers, otherwise you’d have your keys back by now, and the trust and faith you’ve put in me, I would like to extend the albeit very small gesture of commuting the current rate lock from 2023 to September 1, 2024. Certainly not a box of marshmallow Santas but nevertheless, a heartfelt thank you for the continued opportunity to be of service.
With a few rounds of single digit days under our belt and an equal number of near misses in this otherwise transitional month of December, I have a feeling we may be chatting a bit more this off-season; until then, from my family to yours, have a Merry Christmas, Happy Hanukkah, Happy Kwanzaa, make it a Boxing Day for the ages or if you prefer, enjoy the rest of the year. Regardless of what tickles your fancy, do it well and a very happy, healthy and prosperous New Year to you and yours.

Ah Fall

It isn’t passing my 2018’s sales number of $8.14 million with four months left on the calendar that has me grinning from ear-to-ear. That joy is directly attributed to the giddiness that washes over me whenever I get close to the edge of the off-season…or our on-season as it were.

While home watch services never cease, even during these hazy back to school days, September is the unofficial start and entering season 22, I remain as enthusiastic as I am immeasurably appreciative. The August to September transition is just as fluid as May to June and with that I would greatly appreciate any departure dates that may occur during September rather than ahead of it so that I may waive service. For anyone who may wish to confirm their current schedule, please touch base at your convenience. For you summer enthusiasts, I respect and appreciate the 12 days between now and September so until then, I will endeavor to view football reports and stock firewood quietly.

What’s Your Angle?

With seemingly more than half the local population licensed to sell real estate, its little  wonder that the comparatively smaller inventory drives many to niche markets which then begs the question as to whether or not a saltwater specialist can effectively sell a home on a lake or one in the woods for that matter? Can a luxury specialist properly represent a home with Formica countertops? And what is luxury? If you worked for years in order to acquire your piece of the Cape and threw every penny at a $450k list price, is that any less of a luxury to you than a $4.5 million home to another? I’ve often contemplated which way I’d lean if I ever decided to pigeonhole myself and it would either be wood frame specialist, having spent over two decades in commercial/residential construction in a supervisory capacity or perhaps a buyer/seller specialist based on a similar duration serving second home owners in a watch/management capacity. Speaking to the latter, the watch/management wing of Nauset Management has always catered to not only a kaleidoscope of personalities but an equally diverse selection of structures and locations. The unwavering variable is that each one is a castle not only through the lens of each owner but yours truly. Some of my more adventurous off season watch tales have unfolded at a two-bedroom cape on a sandy lane while the 4k square foot fortress on the water was seemingly never made aware of that particular storm. I’ve worked both sides of multi-million-dollar real estate sales but it was that one sale for $425k that seemed as if we were trying to bundle the MGM and Bellagio from overseas. My angle? My niche? I’d like to think that my demographic is always in perpetual motion aimed squarely at the individual and their circumstances. The great appeal to me, in a real estate transaction or a watch/management program, is the uniqueness that each want or need brings to the conversation. I will never tire from listening to how people finally found themselves in a position to buy or how their watch/management schedule is phasing out with an impending retirement on the horizon. So long as every story remains as different and impactful as the next, I’ll have no angle.