This just in courtesy of Inman PM:

    "Realtor-backed legislation that would ban cash rebates to consumers in real estate transactions awaits the governor's signature in Tennessee. The U.S. Department of Justice opposes the bill, which it alleges "would impede real estate brokers from competing on price and force Tennesseans to pay more in real estate commissions." Also, the legislation would reverse a decision earlier this month by the Tennessee Real Estate Commission, a regulatory agency, to repeal a statewide ban on real estate cash rebates."

DOJ opposes a bill that would eliminate the rebate business model (sorry Realtor Genius, the term's not dead yet - not until you suggest an alternative) from the real estate industry. To quote the Colonel, "You think so, Doctor?"

Perhaps NAR and its state chapters should spend more time listening to the conversations taking place on the real estate blogs across the country. Maybe the views expressed on the blogs and elsewhere should be viewed less as the opinions of outliers and more as a legitimate voice for the agent population. Statistically, members of the real estate blogging community are but a small percentage of NAR's rolls. Then again, so is membership on the local Realtor board.

In the face of Redfin's 13-minute commercial courtesy of 60 Minutes, and in light of the presence of limited-service and rebate models throughout the real estate industry, many agent have expressed that these models don't pose a severe threat to their business. Many, many of us feel we don't have to compete on price to be hired by a buyer or a seller - our track records and our proven level of service will carry the day in the end.

Apparently, NAR and the state associations have no such confidence in most of its members. If they did, they would not continue to support anti-competitive legislation that will have no effect except to attract the further attention of the Department of Justice and provide additional ammunition to an REBC (Real Estate Bubble Contingent) which already has enough ammo to obliterate a small country.

Meanwhile, those of us practicing this business on a daily basis and airing our viewpoints in the wider world of the Internet are left to try and explain away the moronic actions of NAR and the state associations. You can't on one hand argue that a rebate market is not viable and then try to eliminate it on the other. If it's not viewed as a threat, leave it alone. And if nothing else, stop taking steps that place a model in which you don't believe in the limelight.

(That last statement has been thrown at many of us who discuss Redfin or Zillow. I've never discussed either out of fear. Call it morbid curiosity for one, and a feeling-out process on the other.)

Most actions by the NAR appear to be designed to maintain a status quo that has long since passed. The days of brokerages being able to contain their information in an effort to generate the most possible leads and limit the amount of competition are long gone.

The sooner NAR comes to grips with this reality and stops sponsoring legislation that only can make all of us in the industry look like protectionist buffoons, the better.