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FLETCHER: Here is another article, Red Bull. So red bull went to court, I don’t know if a lot of people know this. This actually happened, it came out a couple of weeks ago, it’s a settlement. So a number of Red Bull customers took the company’s “It gives you wings,” slogan a little too literally and they sued the drink maker for false advertising.

Now I always thought this was common sense. No, not literally, it does not give you wings okay but this signals to you one very important point, that there are 2 different types of people; stupid people and smart people. And or and this is probably the more likely scenario, this proves that there is always someone out there eager to sue you.

Now the idea that red bull got sued for “It gives you wings” slogan and has to pay $13 million is not especially relevant to real estate but it is particularly interesting to what we talked about and hit on just a couple of episodes ago which was bait and switch advertising. And so you have the guru party out there telling you that you need to come up with a unique selling proposition the guaranteed sale program or your home sold in 120 days or I would buy it, some equivalent, some version of that. And they put a little asterix in there and they say, “Oh no, that denotes all of the program details. It’s not bait and switch!”

But there are so many different qualifications because they don’t want to lose, they only want to offer this program if it makes them when. And literally they just want to get the phone to ring using one of these programs and then they want to disqualify somebody so they never actually have to offer, they are never actually at the risk of needing to buy a property if it doesn’t sell in 59 days or 39 days or 120 days. I just think it is interesting how many real estate agents sooner or later are going to get the short end of the stick when somebody who is sue happy comes after them because clearly they have no common sense. You promised to buy their home, that was that and they don’t care about the asterix.

If the courts are going to award $13 million to customers of Red Bull because they used a slogan “It gives you wings,” it doesn’t give me a lot of confidence for the guru party and those that they instruct that their case will hold up in court.

Sloper: Yeah, if I’m not mistaken Ryan, there is already been lawsuits for those exact guaranteed sale programs right? And let’s just say that somebody actually did qualify with all the other conditions that were set forth, what happens if they can’t get financing to buy a house when it’s their 3rd or 4th house that they need to buy? It is exactly what you said, it’s gimmick, it’s bait and switch, it’s setting the foundation of the relationship in the wrong spot. You are basically preparing yourself for a disaster down the road.

FLETCHER: Hey, I am not the one instructing them to do this but we all know who are and I think it’s crazy that they continue to take their advice. 

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