In the Award-Winning Dishin' Dirt with Gary Pickren, South Carolina Real Estate Commissioner/Attorney/Broker/Instructor- Gary Pickren discusses important, timely and relevant topics for South Carolina real estate agents. He covers topics such as the NAR Settlement, Clear Cooperation, agent compensation, "wholesaling", seller disclosure, video marketing, repair addendum, RESPA and much more. All topics are either related to real estate or agency law, marketing or real estate agent best practices. Gary often interviews top real estate minds such as Leo Pareja (CEO-eXp), James Dwiggins (CEO-NextHome), Gary Gold, Krista Mashore, Jess Lenouvel, Jeff Lobb, Chelsea Peitz, Carl Medford and many more. Gary always tries to bring a touch of humor to each podcast. This is a podcast for every real estate agent in South Carolina regardless how long you have been in the business. Winner of the American Land Title Association 2024 Webbie. Named #1 Best Podcast in South Car
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Episode #298
Fiduciary Duty: The Rule Real Estate Loves to Talk About—and Hates to Follow
Oct 1, 202630 minS6
Send us Fan Mail Real estate agents talk constantly about fiduciary duty —loyalty, disclosure, reasonable care and putting the client's interests first. But does the real estate industry actually practice what it teaches? In this episode of Dishin' Dirt , Gary Pickren takes a hard look at the conflicts between fiduciary duty and the way real estate professionals actually make money. The Sitzer/Burnett case was an antitrust case, but the compensation system it challenged raises a much bigger question: Was guaranteeing buyer-agent compensation really in the seller's best interest—or was it simply good for the industry? And after Sitzer, have we really changed? Gary examines: • Broker-to-broker compensation and why South Carolina REALTORS changed its forms • Whether compensation should be negotiated as part of the offer • Private and office-exclusive listings • The South Carolina Real Estate Commission's limited-market-exposure guidance • Research comparing private listings with broadly marketed properties • Why brokerages want to control listings and consumer data • Dual agency and the financial incentive to capture both sides • Steering, affiliated services and other everyday conflicts of interest • Why getting a client's signature isn't necessarily informed consent • Why "it's legal" isn't the same as "it's in my client's best interest" • What the next generation of real estate litigation could look like Throughout the episode, Gary proposes one simple test every real estate professional should use: WHO BENEFITS? And an even harder question: If your compensation disappeared from the decision, would you give your client the exact same advice? Because fiduciary duty isn't really tested when doing the right thing also makes you money. It's tested when putting your client first costs you something . If the real estate industry wants consumers to view agents as trusted advisors, this is a conversation we need to have. ️ Dishin' Dirt with Gary Pickren Subscribe for straight talk about South Carolina real estate law, agency, contracts, compensation, lawsuits, industry changes and the issues affecting real estate professionals and consumers. Don't forget to like us and share us! Gary * Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.
Your Fiduciary Duty Does NOT Mean You Work for Free
Sep 24, 202626 minS5
Send us Fan Mail Your fiduciary duty does NOT mean you work for free. Real estate agents hear it constantly: Your client's interests come first. That's absolutely true—but somewhere along the way, some agents began interpreting fiduciary duty to mean they must give up their commission, contribute money to save a deal, or surrender the contractual rights they negotiated with their client. That's not what fiduciary duty means. In this episode of Dishin' Dirt , real estate attorney Gary Pickren breaks down the other side of an agent's fiduciary obligations: your right to protect yourself and get paid for the work you perform. We discuss: • Why fiduciary duty is not "financial martyrdom" • Why your commission is NOT the transaction's emergency fund • Whether agents are obligated to cut their commission to save a deal • Buyer agency agreements and compensation shortfalls • The difference between protecting your commission and putting your interests ahead of your client • When compensation concerns can become a fiduciary problem • What happens when a seller changes their mind after you've done the work • Why your agency agreement is a two-way contract • How South Carolina agents can protect their compensation without violating their duties to their clients The bottom line is simple: Your compensation can never come before your fiduciary duty—but your fiduciary duty does not mean you work for free. If you're a real estate agent, broker, BIC, or anyone dealing with today's changing commission and buyer-agency environment, this is an episode you need to hear. Like the video if you find it helpful. Comment below: Have you ever been asked to give up part of your commission to save a deal? Subscribe to Dishin' Dirt for more real estate law, contracts, agency, risk management, and industry news affecting real estate professionals. BEFORE YOU SIGN AND OTHER VIDEOS South Carolina Property & Estate - YouTube Don't forget to like us and share us! Gary * Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.
Who Private Listings Are Really For - Seller or Brokerage? SC Private Listing Rules Part 3.
Sep 10, 202628 minS5
Send us Fan Mail Private Listings: The Hidden Complaint Trap Real Estate Agents Miss Private listings can create the complaint that comes back months later and hits the hardest—when a seller sees a nearby house sell for far more and starts asking why their home was never fully exposed to the market. If you work in South Carolina real estate, this episode breaks down why that scenario is such a legal and licensing danger, and what the Commission’s guidance actually means for your file, your disclosures, and your license. Gary Pickren digs into the real risk behind limited-market-exposure listings: not whether the sale closes, but whether the seller truly understood the trade-offs. A higher neighboring sale does not automatically prove harm, but it can spark a grievance, a deposition, or a lawsuit if the documentation is thin and the explanation sounds more like company policy than seller-specific judgment. What You’ll Learn Why a private listing can seem fine at closing and still become a major complaint later How the South Carolina Real Estate Commission views private listings, fiduciary duty, and conflicts of interest Why a private listing can seem fine at closing and still become a major complaint later The difference between a seller-driven decision and a brokerage-driven business strategy What should be included in your file so it tells the story when memory fails Why a seller’s signature is not enough without a real conversation about risks, exposure, and alternatives How agents and brokers can better document the seller’s objectives and informed decision Why patterns across an office may matter more than any single transaction How plaintiff’s attorneys may use private-listing guidance in a future complaint or lawsuit Chapter Timeline 00:00 — Private Listings: The Risk of Seller Complaints 02:13 — Welcome and Firm Updates 03:21 — Introducing the Before You Sign Video Series 04:24 — Why Documentation Matters 06:28 — Conflicts of Interest and Civil Liability 08:41 — When Private Listings Become a Brokerage Strategy 15:01 — Five Practical Steps for Real Estate Agents 18:48 — Five Responsibilities for Brokers-in-Charge 22:33 — What the Commission Guidance Does—and Doesn’t—Say 23:40 — The Core Principle: Put the Seller First 27:34 — Final Takeaway and Closing Gary also explains practical steps for agents and brokers in charge, including how to identify the seller’s true objective, how to use the commission form as a conversation guide rather than a signature page, and why the license on the line is yours—not your broker’s or your company’s. Don't forget to like us and share us! Gary * Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.
How Limited Exposure Can Lower Price, Terms, and Buyer Competition. SC New Private Listing Rules- Part 2
Sep 3, 202632 minS5
Send us Fan Mail Private listings might sound exclusive, but South Carolina’s Real Estate Commission is spelling out exactly what sellers may be giving up - fewer buyers, fewer offers, weaker terms, and a longer path to closing. I will break down the new commission-approved disclosure form line by line and explains why it could change how brokers talk about limited market exposure forever. I will also walk through the 11 seller acknowledgments in the “Residential Disclosure and Acknowledgement of Limited Market Exposure Listing,” highlighting the ones that should make every agent, broker-in-charge, and seller stop and think. I will unpack the economics behind exposure, why competition drives value, and how “exclusive” can quickly become a liability when the goal is to get the best result for the seller. You'll discover: - why limiting exposure can suppress buyer demand before a property ever reaches the public market -how fewer offers can mean not just lower price, but worse contingencies, timing, and financing terms -why “days on market” can be misstated when a listing sits privately before going public -the representation conflict that arises when a brokerage keeps more business inside its own ecosystem -how private inventory can distort comparable sales and affect future valuations -why fair housing concerns may be the biggest legal issue of all when access is controlled through private networks I will also explain why the broker-in-charge’s signature matters, what a real compliance process should look like, and why blanket “private first” strategies are exactly what the Commission seems to be warning against. If your brokerage uses pocket listings, limited exposure marketing, or internal-only inventory, this episode is essential listening before the next disclosure lands on your desk. Chapters 00:00 — Limited Exposure Listings: What They Are 02:22 — Welcome & Blair Cato Updates 03:28 — Seller Request vs. Agent Recommendation 04:00 — The New Limited Market Exposure Disclosure 05:10 — Why Exposure Drives Competition 07:25 — Fewer Offers, Lower Leverage 09:02 — Price, Terms & Lost Opportunities 10:04 — The Risk of Delayed Public Marketing 12:16 — Representation Conflicts 13:20 — How Private Sales Affect Comparable Values 15:00 — Fair Housing & Equal Access 20:24 — Seller Privacy Doesn’t Override Fair Housing 21:28 — What Brokers-in-Charge Need to Review 25:13 — Documenting the Seller’s Decision 25:47 — Why Blanket Private-Listing Policies Are Risky 27:29 — Incentives, Claims & Agent Training 29:44 — Supervision and the Broker’s Responsibility 31:28 — Next Week: The Public-Market Comparison Don't forget to like us and share us! Gary * Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.
South Carolina’s New Private Listing Rules: What Every Real Estate Agent Needs to Know
Aug 27, 202630 minS5
Send us Fan Mail The South Carolina Real Estate Commission has issued important new guidance on private listings, office exclusives, off-MLS listings, and other forms of limited market exposure —and every South Carolina real estate agent and Broker-in-Charge needs to understand what it means. In this episode of Dishin’ Dirt , Gary Pickren breaks down the Commission’s new Seller-Directed Limited Residential Market Exposure Guidance and explains why this is about much more than simply whether a seller can choose to keep a property off the MLS. Private listings are still legal in South Carolina. But the Commission has made an important distinction: when a real estate licensee recommends limited market exposure, the licensee should be prepared to demonstrate why that recommendation was in the seller’s best interests—not primarily the interests of the agent or brokerage. In Part 1, we discuss: What the SC Real Estate Commission actually said—and what it did not say Why broad public marketing remains the Commission’s general starting point The difference between a seller requesting a private listing and an agent recommending one Why simply getting the seller to sign a disclosure may not be enough The fiduciary-duty issues agents need to understand The potential conflict when limited exposure increases the opportunity to keep both sides of a transaction within the same brokerage Why agents should be able to explain exactly how limited exposure benefits the individual seller The Commission’s warning about using limited-market listings as part of a brokerage business strategy Why the new Commission-approved form specifically asks whose idea the private listing was The key question coming out of this new guidance may be surprisingly simple: Who is the private listing really benefiting—the seller, the agent, or the brokerage? If an individual seller wants privacy and understands the tradeoffs, that is one thing. But if a brokerage or agent introduces a private-listing strategy, the analysis may be very different. This episode is especially important for South Carolina REALTORS®, real estate agents, Brokers-in-Charge, brokerage owners, team leaders, and anyone involved with private or off-MLS listings. This is Part 1 of our discussion. In Part 2, we’ll dig into the Commission’s new disclosure form, fair housing concerns, the BIC’s role, brokerage private-listing strategies, and what could happen when a seller later questions whether limited exposure cost them money. Don't forget to like us and share us! Gary * Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.
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