Tennessee has enacted a law which bars a real estate licensee from “giv[ing] or pay[ing] rebates, cash gifts or cash prizes in conjunction with any real estate transaction.” The law also gave the state’s real estate commission the power to regulate this practice by licensees.

The new law followed a repeal of a similar rebate ban by the state real estate commission on May 3, 2007. Following the repeal and while the legislature deliberated over the proposed law, the U.S. Department of Justice sent a letter to legislators arguing that the legislation “overrides the commission’s decision and eliminates the pro-consumer benefits of the commission’s efforts”. Nevertheless, the legislature determined that the rebate ban had long been in place in the state and so the legislature decided to reinstate the rebate ban, which was then signed into law by the governor.

 

The text of the new law reads:

Section 1. Tennessee Code Annotated, Section 62-13-302, is amended by designating the existing language as subsection (a) and by adding a new subsection thereto, as follows:

(b) a real estate licensee shall not give or pay cash rebates, cash gifts or cash prizes in conjunction with any real estate transaction.  As part of the
Tennessee real estate commission’s general rulemaking authority, the commission may regulate the practices of real estate licensees in regard to gifts, prizes or rebates that are not otherwise prohibited by law.

 

Section 2. This act shall take effect upon becoming a law, the public welfare requiring it.

 

For you folks in Tennessee, how is this law affecting you on a daily basis as you provide real estate services? Should more states adopt similar provisions?

 

Some think the practice of rebates substitutes cash for professionalism? What do you think?

 

12 Comments on Cash Rebates: Incentives vs. Professionalism?

Very interesting post. I plan to offer rebates to get some business. I will have to see if anything has changed in IL.

thanks for the post

Ray DeLao

06/18/2007 06:14 AM by Ray Delao (Real People Realty)


a real loss of consumers!

Bottom line is agents in Tenn obviously could/ didnt want to rpove their value and thus their price, so instead they focused lobbying energy on the gov. All this change does is make discount models harder.

BTW, all of the 'experts' that looked at this found in horrible and every commentary I have read on this pointed to lobbying rather than taxpayer interest.

Sad day for Tenn. block the discounters and keep cigarette taxes low!

06/18/2007 06:22 AM by Jenny Croshaw (South Florida Structured Real Estate)


US Dept of Justice (Not as easily bribed as a Tenn law-ma)

"would impede real estate brokers from competing on price and force Tennesseans to pay more in real estate commissions."

It goes on to say the only losers would be the citizens of Tenn.

06/18/2007 06:26 AM by Jenny Croshaw (South Florida Structured Real Estate)


Here in Ontario, cash rebates have been banned under statute for some time. You simply can't offer a rebate and everyone seems to be able to live with it, both consumers and REALTORS.

06/18/2007 07:02 AM by Wayne McMullan Quinte Real Estate (Royal LePage ProAlliance Realty)


Wayne- Yeah here we all live with $4 a gallon gas too. If we had some competition in refinning maybe it would be a bit better.

I leave it to the experts at the DOJ to tell us what's in our best interest versus the politcal lobbies

06/18/2007 07:12 AM by Jenny Croshaw (South Florida Structured Real Estate)


Offering cash rebates is not a way to make the market more open or competetive. It is a wasy to allow customers to get bought and sold like a commodity. If the discount broker who so aptly smacked TN for their action would think about it. Who has more $$$ to give out as a cash rebate a huge company or a new small company. The use of a cash incentive to equal the playing field is the oddest thing I have ever heard of in a business argument. Does it help the Auto industry, NO. They sell a few more cars short term but $$$ rebates do not narrow the gap in sales volume after the rebates stop. The true way to compete is to give the public a good product that meets their needs. Do you see stock brokers, attorneys or insurance agents offering a cash kickback to their clients? No, the loosening of cash restrictions is not a healthy way to inprove competition in any filed of work.

As for the comment by another AR member that this cash rebate system would inprove our values that arguent does not hold water. I have several friends who own flat fee / discount brokerages and they agree that $$$$ = corruption in any business. They do not understand how a cash rebate is going to help them when the other brokers have way more $$$$ and could actually crush the smaller or newer companies with cash. States like CA and TX have had to modify their laws that allow for cash rebates in order to control the some times outrageous $$$ being given.

FYI cigarette taxes were raised and grocery taxes lowered know your facts before you kick dirt my fellow AR agent from FL

06/18/2007 07:52 AM by Paul Moye, Broker, ABR, GRI, CSP, e-PRO (Keller Williams Realty Franklin )


Paul,

Great opinion...I will stick with the Dept of Justice, and Council for economic activity as well as the consumer advocacy groups on this versus the lobbiests... sorry

Auto industry, brokers and attorneys all have 'competitive rates'. I can hire a full service or partial service agent.

Talk about $$$ equals corruption and just look at all the crazy tactics agents used to get their commisions all these years.

What's your problem with a competitive market? Do you feel threatened because you don't offer any value?

 

I dont'

06/18/2007 08:03 AM by Jenny Croshaw (South Florida Structured Real Estate)


http://littlepinkhouses.com/?p=83

See the above link. I think it walks through Tenn politics and TAR money on this subject quite well...

06/18/2007 08:17 AM by Jenny Croshaw (South Florida Structured Real Estate)


Well it will get rid of all those companies who built their practice on giving buyer rebates.

06/18/2007 08:34 AM by Bradenton Real Estate - Linda Reynolds


Very interesting.  This is something to keep an eye on.  I don't give rebates but I see more and more companies doing it.  I do like free markets so I'm torn on this one. 

06/18/2007 09:47 AM by Tim Maitski (HomeAtlanta.com)


NAR bought that vote in TN. Traditional Realtors, like ole Linda there, hates price competition. How ‘bout we ban agents who use networking (using their sphere of influence) to get business since I don't happen to like the way you traditional Realtors smooze up to folks to get their business? You aren't getting business based on worthiness, but rather your contacts. Yea, let's make that a law.

It sounds a bit absurd doesn't it?

06/18/2007 06:26 PM by Nick Davis


Good for you, Jenny. Cathy Jager is the best! She knows the law!

BTW, a whooping 81% of agents in Kentucky opposed cash rebates too! That left only 19% who supported or were indifferent toward allowing cash rebates. The minority, in this case, won the day. I am behind the USDOJ 100%! Cash rebates provide a means of price competition that benefit consumers.

06/18/2007 06:35 PM by Nick Davis


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