Key facts
- Regulatory communications can shape agent behavior through fear rather than clarity.
- A state licensing department issued a warning about showing-assistance apps, stating it "does not recommend" their use.
- The language "does not recommend" is not a prohibition and does not necessarily mean use violates license law.
- When agents react to the tone of regulatory warnings instead of the text, they may surrender legitimate options.
- Soft regulatory language can signal weaker legal footing, while direct language indicates a firm rule.
- Agents are encouraged to read exact words, separate prohibited from discouraged actions, and confirm gray areas with brokers or counsel.
Real estate agents are being urged to develop a greater literacy in interpreting regulatory language, moving beyond reacting to the tone of official communications and instead focusing on the precise meaning of the words used. This advice comes from Darryl Davis, a real estate speaker, coach, and author, who highlights how fear-driven responses to regulatory warnings can lead to agents abandoning legitimate tools and brokerages imposing overly strict caution.
Davis points to a recent example where a state licensing department issued a letter regarding showing-assistance apps, stating that their use was "not recommended." He emphasizes that this phrasing is not a prohibition and does not equate to a violation of license law. The distinction, he argues, is crucial because agents who misinterpret such language may unnecessarily limit their options and the services they can offer clients.
The author suggests that regulatory writing often signals its legal strength through its language. Direct phrasing like "this is prohibited" typically indicates a solid legal basis, whereas softer language such as "this is not recommended" may suggest a weaker or more questionable legal footing. He notes that some premises in the showing-app letter, such as implying any payment to a licensee outside the broker is improper, might be questionable, reflecting the softer language used.