Practicing Insanity

Insanity is doing the same things and expecting different results, right?

If Tennessee Real Estate Commission (TREC) changes the rules and continues to fail to enforce the Rules . . . They’ll be practicing Insanity.

Yesterday, I attended the TREC “RuleMaking Hearing” to hear the comments of my peers regarding the impending “Rules Changes.”

It was great to see a FULL room of quintessential Real Estate Sales Professionals and Brokers who all paused their lives to show up and have their say. I chose not to speak after seeing who had already opted to speak . . . and knowing that the Tennessee Association of REALTORS (TAR) had crafted a very thorough (and on-point) response and that those who had signed up to talk would likely cover most all of the issues.

Those who spoke didn’t let us down, but now I wish I had spoken because towards the end I realized that there’s a very significant matter to consider that only had brief mention in Phillip Cantrell’s written comments.

Virtually all comments were critiques of the proposed rules changes with emphasis on the burden and expense they will create for many REALTORS should they go into effect as written. These could result in many folks having to reprint many signs and much effort getting compliant with on-line activity.

The thing that strikes me a little wonky right now is that one of the tweaks suggested by TAR references giving “Those REALTORS who are currently in compliance with the rules as written now should have a lengthy grace period to give them time to change their signs etc.”

For me, this begs the question:

What about the people who are NOT in compliance with the current rules?

I think this is a real issue.

TREC has not done a good job enforcing the current rules. If they were to step up enforcement of the current rules, many of these new rules would not be necessary.

One comment characterized the proposed TREC Rules Changes to be “Knee Jerk reactions that would take us all several steps backwards”

I’m not sure the current rules are the problem.

Sure, they could use some clarification and tweaking to be commensurate with the “Best Business Practices” of today’s Real Estate Sales Professionals.

I see little value in changing the rules unless or until TREC fixes this issue of failure to enforce them.

It really rubs me wrong when I see so many people violating the rules with reckless abandon and zero concern for ramifications. Phillip Cantrell said: “Counting the penalties for non-compliance as costs of doing business”.

Every day, I see “FOR SALE” signs in yards that are not even close to being compliant with the TREC Rules . . . Websites and Social Media pages that are not compliant . . .

The worst part about it is that I know these are agents who know better and do it anyway.

This is significantly more shameful than breaking traffic laws (Speeding or rolling through stop signs) with the thought process that “if the cops don’t see you do it, it’s OK” because a Real Estate Agents responsibilities go further than “Legal Conformity” . . . We also have Ethical responsibilities required by law and by our National Association of REALTORS.

These rules are there to protect the general public from deceit/harm.


I think this is egregious and that we REALTORS should be better than this.

We are legally and ethically bound to follow the rules whether they are being enforced or not . . .

I don’t think it’s acceptable to roam free with the attitude that if they don’t catch you, anything goes.

The issues are simple:

  • TREC’s failure to enforce the rules
  • Licensed Real Estate Agents ignoring the rules

There now, I said it.

Published by Barry Owen

Strategist-CEO of Pareto Realty Real estate sales Professional Inviter-Facilitator-Practicer of Open Space Technology Opening safe space for people & organizations to self-organize around issues & opportunities BarryOwen.US Invite-Listen-Love

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