Forum Moderators: phranque
I have a real estate broker client. He has a problem with a former agent who's now in business on his own. The problem is that the former agent has links out in the SERPs that have my client's name and/or business name included in the link anchor text-- but the actual link goes to Mr. Former Agent's Web site. So, search for my client, say Mary Smith Real Estate, and you're liable to get John Doe Real Estate instead.
When the agent was employed at the broker's he had his own web site. That was OK then. That’s a common practice. It's also common for those agents to have links to their Web sites in the SERPs but which may have both the agent's name and the broker's name or business name included. For example, "For Miami, Florida homes see John Doe, agent at Mary Smith Real Estate." And the link goes to John Doe's Web site.
The problem starts when the agent leaves the employ of the broker, but doesn't correct all those old links.
The former agent swears that he doesn't know how the current links containing my client's name and business name ended up going to his own site. And he says he hasn't a clue about how to get rid of them. Nobody believes it for a second. That claim is probably a tactic to avoid having to pay for removing the offending links.
My client stumbled across these current links and is understandably upset—because the former agent may well be stealing sales from him via these old links. My client wants me to find all these links and get rid of them for him. Of course, the onus is on the former agent to have the links removed. But that’s the root of all the problems.
Nobody believes the former agent will go to the time and expense to remove all the links. He could care less. But my client wants me to offer a price to the former agent for removing the links. If that doesn't work, then he wants me to advise him on the next step. So I have some questions.
1) What is the best way to identify all these types of links from among the legitimate ones? I've used link:www.sitename.com in AltaVista and each of the Big Three SEs. I've found a few. Is it going to be a plodding manual proposition or is there a better way? Is there a tool in existence?
2) What's the best leverage to get the former agent to get rid of the links? If he turns down a fair price for my contacting all the directories and sites that have the offending links, what are my client's options?
3) I know this may well end in having a lawyer involved to force the former agent to comply. How would be the best way to approach this?
The sticky part of this all will be my convincing these Mom and Pop directories and Web sites to remove the links. Some will, some won’t. Any suggestions on resolving all this?
Best bet would be to do a serious link campaign to get the SE's to rank your clients site above that of his former agent.
1) The name/brand name.
Former agent is using the boss's name and business name, and he could be legally liable. Every day, big name brand companies stop Web sites from using their brand name.
2) The Internet aspect.
When confronted with the facts, if the directories and other sites don't remove the links, they're essentially negligent or complicit by omission.
Where are the actual inbound links located?
If they are on websites or resources beyond the control of the agent, then the agent really can't be responsible at this point.
If the actual links are on a page "owned by" or in the control of the agent, then a formal "Cease & Desist" letter would be appropriate. Failure to respond or perform the actions requested in the letter would launch additional legal processes (of which I am convinced that the lawyers are the only ones who really benefit).
The agent is facing pretty heavy legal issues if he is benefitting by knowingly using someone else's name, trademark or copyrighted info without prior consent or lawfully allowed use.
That statement brings us back to the key question for this issue, does the agent have ownership or control of the links and/or anchor text in question?
The former agent swears that he doesn't know how the current links containing my client's name and business name ended up going to his own site
Duh, because that's the URL that's being linked to?
There's no reason for external links to the ex-agent's site to be removed; they just need to have their anchor text updated so they name his current agency. In many cases that would simply be a matter of asking.
Ponder this: scouting out the competition's backlinks is some of the best hunting ground you'll find to get links for your client's site.
Instead of taking the confrontational route, use this as an opportunity for some quiet guerilla promotion of your own. When you find a link to the ex-agent's site, ask for the anchor text to be updated if need be, but also, when appropriate, be sure you submit your client's site to get it listed too.
It sounds like you need to do a better job of explaining to your client how links work on the web and who has control over what. If he tries to get confrontational when he doesn't really understand the issues, he'll simply end up looking silly, and he still won't get what he wants.
When the agent was employed at the broker's he had his own web site. That was OK then. That’s a common practice.
to allow agents to only have subdomains, i.e. agentname.brokername.com
Beware of unintended consequences. To prevent commissioned salespeople from using every legitimate promotional tool available could mean losing them to more enlightened competition.
Especially when the rules are made by a boss who clearly doesn't understand the web very well yet.
I misstated the part about "removing" the links. Guilty. But I think most people here got it. Of course all that needs to be done is removing the client's name and business name from the anchor text of the offending links.
Avoid being confrontational? I don't think my client is interested in suffering potentially significant financial loss due to these links in favor of preserving consensus, harmony and collegiality on the Web.
We know the former agent isn't interested in tracking down the links and correcting them. I know my client won't pay to undo what somebody else did. They are getting benefit by using his name and his business name. It's that simple.
I don't agree with your suggestion that the client should use "quiet guerilla" promotion, building his own links and avoiding confrontation. That's a bit like his working the phones for new customers-- but when customers call, the client's phone also rings in the former agent's office.
in favor of preserving consensus
The point is not to preserve consensus, it's to make the most effective use of your client's resources.
If your client is thinking about getting a lawyer involved here he should save the lawyer's fee and just do what it takes to get the job done. A high school student could work on it if you showed them how.
My comment about guerilla promotion is the same as Moishe's advice about doing more link development for your client. If an individual agent's site is outranking the client's main site for the client's own name, the client needs more links and you need to do something about that.
You have it in your power to attack this problem from more than one direction, and neither of them involves lawyers, just some well-focused effort on your part.
