WHAT IS THE FUTURE OF THE REAL ESTATE BROKERAGE MODEL, Agent Centric or Information Centric?
                                

                                               H A R D  C O R E   R E A L   E S T A T E   T A L K   -  PART II


I recently wrote about the similarities between the decline of the airline industry and the efforts of the government to do the same thing to the real estate industry by forcing us, through government intervention, to change our real estate brokerages from "Agent Centric" models to "Information Centric" models. 

The comments to that post have my mind swirling with additional thoughts about the present state of the real estate industry and thoughts about where we're going.  This post is dedicated to folks who commented on that post because they contributed some priceless thoughts that need to be spread across "Ocean Active Rain".

By comparing the trends in the real estate industry to the history of the airline industry, one question is all
that's needed to point out the clear and present danger of disintermediation in our wonderful industry.  What do we want our business to look like in the future. 

The Agent Centric Brokerage:   The FULL SERVICE model. 
We "represent" home buyers and home sellers. 
We help home sellers from the first CMA to settlement.  We help home buyers from search to settlement.  We are central to the transaction.  Buyers and sellers rely on their agents to be the source of information about valuation, search, contracts, inspections and settlement.  For services such as inspections and title work that agents don't provide, we recommend trusted professionals who get the job done.  We are the source of information and we manage the transaction from beginning to end.  With the acceptance of Buyer Agency, we have a much more level playing field than in the past and disclosure requirements reduce the likelihood of hidden defects, the cause of most after settlement litigation. 

The Information Centric Brokerage:  The LIMITED SERVICE model.  We provide "a la carte" real estate services.  For this model to succeed, buyers and sellers believe that, by doing their own research, usually on the Internet, they can search homes for sale through the proliferation of listing sites and IDX, obtain property valuations (Zillow), access an encyclopaedia of information about housing and generally get the impression that they can practice "do it yourself real estate".  The limitations of the average consumer who prefers a la carte service models is often not evident until they have purchased the home and found out that they:
paid too much,
didn't get adequate disclosure,
didn't get good value with financing,
had inadequate inspections,
relied on the Zillow valuation,
did inadequate listing searches,
and much more.

State government real estate law requires certain actions on the part of licensed real estate practioners.  They have little to no influence in what buyers and sellers do when they opt to manage their own real estate transaction.  Common law torts are little understood by consumers and redress is time consuming and very expensive.   If agents and brokers do little else, we manage lawful real estate transactions. 

Lola Audu, in commenting to the post comparing the real estate industry to the airline industry, stated, "Air travel going down the tube is an unfortunate inconvenience...the peril of the largest financial transaction which most Americans undertake being hijacked is truly going to be an unparalleled economic disaster."

Lola is, of course, correct.  Once the real estate industry and services are subject to complete disintermediation, buyers and sellers will be completely without experienced counsel.  The average buyer that goes to the Internet to research homes for sale has the experience of a limited number of transactions, usually 0 to 2.  First time home buyers are just as gullible when it comes to thinking they can handle a $200,000 transaction as is the buyer looking for their 3rd or 4th home in the $1,500,000 price range.  Even the "experienced" home buyers will not have the experience of an agent or broker who has managed 10-50 transactions.  We learn by experience.  How much experience does the average home buyer or seller have??  In my case, I learn something on every single transaction and I've managed about 1,200 transactions.

Kaye Thomas states,  "that neither the buyer or seller believed would come together.. the reason is that the other agent and I were able to work out the issues each party had and reach a compromise."

Buying and selling a piece of real estate often takes, not only patience, but a certain degree of detachment.  We advise our buyers and sellers based on market knowledge, not emotion, not "what I want out of it".  One of the reasons the For Sale By Owner usually eventually sells is simply because "they don't know what they are doing". 

Bryant Tutas questions the logic of an anti-trust lawsuit: "We are in my opinion about as transparent and competitive as you can get in are industry. The consumer has many many choices of who to hire and how much to pay or they can certainly choose to go it alone. No one is forcing anybody to do anything."

Real estate sales a la carte will never replace full service representation by experienced real estate practitioners.  The government is concerned about anti-trust matters.  However, by assisting the consumer with their quest for empowerment, they may be causing significant harm to buyers and sellers by making it easy for them to practice "do it yourself" real estate. 

The consumer may want to be careful what they ask for, they may get it. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

UPDATE:  JUST RECEIVED BY E-MAIL FROM ONE OF MY WEB SITES -

subject: Buying a home without an agent comments: Do I need a realtor to buy a home in the state of Maryland?  What if I want to go straight to the sellers agent with an offer, where can I purchase the documents for proposal? 

 

 

83 Comments on DISINTERMEDIATION IN THE REAL ESTATE INDUSTRY. BE CAREFUL WHAT YOU ASK FOR

OCT
24
2007
140,360 Points 14 Featured Posts Localism Sponsor Outside Blog
Lenn, if I had a CHOICE on whether to take a flight with horribly tight seats and nuts for your trouble, or, for 25% more, comfortable seats and the antiquity of an airline hot tray, I'd pay the extra money.  Once having paid, I'd be pissed if I were handed a ham sandwich with a side of mayo.  Problem is, there isn't enough consistency in the "full service" arena.  With internet, what you get is right there on your screen; and how much do we really expect in service (as we shift in the lousy seats)?  The internet companies can comfortably advertise, with full understanding, that "you get what you pay for", and consumers are reassured- at least they KNOW.  FAR TOO MANY have been in the comfortable seat for a whole lot more than 25% more, and received a ham sandwich, without the side of mayo.  It's up to us. 
5:30pm • #1
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Great post Lenn.....not sure where we will end up, but I have a feeling it may be a mix of options.  Slightly different scenario, but if you look at the stock brokerage industry, with the entrance of the discounters,the traditional stockbroker evolved.  Many people tried doing it themselves and discovered it was not as easy as they thought.  Others were willing to put in the time and do the research.  

It could be that real estate ends up having a few models for the consumer to choose from.  In time, we'll see how profitable the discount models really turn out to be, especially if people have bad experiences.  Having said that I do think we are at a critical point where we can really effect the outcome in the next few years.  Lots of challenges and egos!

5:34pm • #2
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Laurie.  I'd be happy without the food, if the plane would just get off the ground.  My last trip to Boston tood 3 planes and 8 hours just to get off the ground. 
5:36pm • #3
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I still don't get why the post before this, laying the background didn't get featured. Yes, I flagged.

Here is the link and I think you should call this part 2 and link them together. http://activerain.com/blogsview/247227/REAL-ESTATE-AGENTS-AND

 

 

5:37pm • #4
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Ana.  I know folks who lost their savings trying "day trading".  I also know folks who made some VERY bad real estate decisions.

I suspect that whether it's do it yourself real estate or stock trading, using an experienced broker is better than being a pretend one yourself.  We only hear about the bad experiences with brokers.  We only hear about the good experiences from the do-it-yourself real estate sales.

 

5:40pm • #5
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Lenn I totally agree with you, but consider that it's been over 20 years since discounters entered the stock brokerage industry. 

I was in that industry for 15 years and in the beginning of the discounting phenomenon we lost clients left and right.  It took some time before they started to come back and we started to hear the nightmare stories.  It could be that given time, we could see the same with real estate.  I think Laurie really hit the nail on the head with the lack of consistency our industry provides, it's really the biggest Achilles heel we have.

5:47pm • #6
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Wow Lenn,

I guess I should be the first to comment on a whole truckload of info provided above. While I agree in theory with most of what you said, I have to comment on the generalization that a la carte services will automatically deliver inferior services. I would think that the possibility exists for some firms to take advantage of technology and actually provide superior services than some of the archaic business models that have not had sufficient overhauls in decades.

Change in of itself does not mean worse, or less quality. I saw a comment on Assist 2 Sell in an earlier post, and they do have a vialble well run operation here in my home town. I have worked across the table from them on several occasions, and they have quite a few nice listings in prestigious areas. The Internet and computer technology, as well as mobile communication devices have made changes in every other phase of modern day business, I assume we will have to allow some progress in Real Estate as well.

I don't mean to turn a comment into a post, I am a newbie in Real Estate with over 30 years of business experience in other fields. The basic broker model needs an overhaul, and it is going to happen. I respect your years of experince and your passion for the business. I wish all brokers where like you. But, that sadly is not the case.......

5:49pm • #7
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Missy.  Thanks.  I just linked them, Part I and Part II.  I was finished after the first post but the comments inspired me to go deeper.  Comments have a way of doing that.

Ana.  I've followed the discount stock market industry too.  However, that market is not nearly as regularted as real estate brokerage.  I use a discount broker and my last trade was $2,500.  I wasn't risking too much. 

 

5:53pm • #8
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Detachment can oftem be a key to keeping a transacion from falling apart, an angry buyer or seller might lose their temper and their deal if dealing with directly with the other party as I'm sure you have seen many times in your carreer
5:54pm • #9
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May I interject?  Mike, I really don't think that it's about "inferior" services suggested; I interpreted one of two methods: personal interaction and actions; and internet interaction and actions.  The question is, to the consumer, which offers a commensurate value?  One is pretty straighforward; the other is subject to the person with whom they will interact.  Pretty wide net.  Great topic, Lenn, as usual.
5:55pm • #10
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Mike.  Thanks for the thoughtful comment. 

When I speak of a la carte real estate services, I'm speaking primarily of the home buyer or seller who manages their own transaction.  Companies like Assist-To-Sell are, in my opinion, simply using the word "discount" as an advertising term.  They advertise discount real estate fees but it doesn't include the co-op.  I believe that their advertising is misleading and for that reason, they will remain on the fringe. 

However, that doesn't mean that they do not employ some very good, dedicated agents.  They do.  As does "Help-You-Sell" and a few others that I've had the pleasure working with.  They have an a la carte service menu, but the consumer can buy what they need.

When the consumer goes to the Internet and starts managing their own transaction without the advice of an experienced agent, that consumer is in dangerious financial territory.

Read the UPDATE that I just posted.  I received mail from a consumer a few minutes that was right on target.

 

6:01pm • #11
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Michael.  Indeed, I have.  I do NOT let a buyer and seller together until the settlement table. 
6:03pm • #12
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Lenn:

Excellent post!

To compare the real estate and the travel industries is ludicrous. I can't help but wonder what would happen if airlines had to provide the same disclosures as real estate professionals. What if airlines had to disclose known defects, repair histories and other potential hazards? How about inspections? What if attorneys and litigious types were standing by waiting for some omission in airline disclosure? 

And wouldn't it be great if the airlines carried errors and omissions insurance to compensate us for canceled flights, overbooking and lost luggage? 

6:08pm • #13
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Roberta.  YOU HIT THE NAIL ON THE HEAD.  We are regulated from beginning to end. 

Does the government propose that the public follow the same risk reduction and consumer disclosure that we do???   That is a riot.  Thanks.

This is halarious.  No one would ever fly.

 

6:21pm • #14
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Lenn...

I am parking for this discussion. Thank you :)

TLW...ROAR!

6:23pm • #15
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Lenn - I think the real distinction is not between full service and limited service brokers but between competent, professional real estate agents and inexperienced or nonprofessional agents. In a hot market, price becomes more important - in a slower market, the client begins to realize the difference between agents, and will choose and pay accordingly. I think consulting will also become more important.
6:24pm • #16
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Sharon.  Thanks for commenting.  I've looked at the consulting or fee for service model.  I don't believe that the public will pay in advance. 

I believe that the full service / limited services is important because with the limited service, the consumer is still practicing do-it-yourself real estate which I don't believe that many are competent to do.

TLW.  See you later.

6:27pm • #17
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I find it interesting that as agents we want our clients and prospective clients to consider us a professionals but we take all of the risks in providing them services. 

When you look at the "fee for service" models it seems logical to me that we should consider being paid for services as they are provided instead of waiting until the end of the transaction to hopeful receive a paycheck.  Our clients pay all of the other professionals they work with (accountants, lawyers, etc) when the services are provided.  We can work for months marketing their home or helping them search for a home and end up with nothing for significant hours of work and investment of our own money.

It will be interesting to see how all of this will play out during this market.  These options didn't exist the last time we had a down market in our area.

6:57pm • #18
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Thanks for dropping by Cindy. 

I'm very happy with the full service contingency fee model.  I only want to give full service and I want full pay for my services. 

I don't work with buyers who just want some services.  Nor would I work with sellers who want to do "some of the work" themselves because I believe it increases my risk. 

 

7:05pm • #19

Lenn

I like to see your response to the question from your website.  I'm sure it was great.

7:12pm • #20
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I'm with you on that one Lenn....I do it all myself...then I only have myself to pat on the back when it all goes through just fine. I'll only have myself to blame if I don't.

I received an email from a seller. It stated that xxx realty gave him access to the mls (not sure what that meant) but he emailed us agents to let us know about his listing and that he would be holding an open house. How's that one?

7:17pm • #21
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Donna.

I don't respond to such inquiries.  I'm a buyers agent.  What can I say to a person who believes that my services have no value. 

I posted it on this article because it so clearly demonstrated my premise that the consumer NEEDS us.  This lady doesn't know what to do, she just knows that she wants to do it herself.  When I get mail like that, I just junk it.  She's seen my web site.  She knows what I do.  There really isn't anything to say to her and the last thing I'd do is get in a conversation trying to sell my services.  I'm not interested in working with someone who insults me and what I do.

I work with folks who want my help and know that it's invaluable to their peace of mind and financial health. 

Sally.  If I had a buyer for is property, I'd show it, sell it and clean his clock.

 

7:30pm • #22
5 Featured Posts

Lenn, Thank You for your kind reply. I have to follow up on one paragraph in particular:

Buying and selling a piece of real estate often takes, not only patience, but a certain degree of detachment.  We advise our buyers and sellers based on market knowledge, not emotion, not "what I want out of it".  One of the reasons the For Sale By Owner usually eventually sells is simply because "they don't know what they are doing". 

The degree of professionalism is many times viewed as coolness under fire, no thought of panicking in the face of difficulty. It could also be viewed as detachment. Our skills are in knowing what is coming, and anticipating that something is coming. The mark of a professional in this field to me exemplifies all the above adjectives and manages to keep his/her clients in focus. I personally feel like I learned more from the nearly 20 failed transactions that I had this year than the few that went smoothly before them. Had I had a solid mentoring program in place, several of these deals could have been saved, or kicked to the curb earlier.

I believe some of us here could make an entire series of posts on this topic alone. Regretfully, many of the established broker models do not provide real life in the trenches training and leave their new agents and their Customers tragically unprepared for the twists and turns of everyday Real Estate. The end result is that many qualified agents leave the business for industries that provide more stability and support. And this is where we get a public perception of Realtors not earning thier money, being unqualified....I know it's really a lack of training more than a lack of caring....How may of us were told" Just go and get started, you'll figure it out" I know I was, and know many who were given the sink or swim training school of Real Estate.

Thanks for allowing me to ramble. I appreciate your input, and have read many of your posts.....One of the concepts that many very experienced Brokers as yourself seem to forget is how deep your knowledge is, and how powerful it is when you take the time to share like this for newer agents to gain insight from. .....And comments that take the time to say more than "great post" are wonderful as well.

7:47pm • #23
119,400 Points 2 Featured Posts Outside Blog

Lenn,

The thing about the DOJ that tweaks my mellon is that they want States to eliminate minimum standards. If that is the case why do they bother having us licensed. I know that changes are coming but how long will it take. It seems that the coasts where prices have risen so quickly are seeing big changes already. Here in mid-america were are still extremely agent centric. I guess only time will tell.

 

ar

8:39pm • #24
284,744 Points 13 Featured Posts Outside Blog

Lenn,

This is a great post as always, thank you for the link to the first post. If for some reason they deregulate real estate agents and no longer require licenses...it will become utter chaos for the customers.  It's bad enough now with some of the unprofessional and untrained agents out there.  Last summer, I lost a 5 million dollar deal b/c of the unprofessional actions of a new agent. The worst part was, I had a buyer for her (agents) home...that's another horror story. I think they should require more education for real estate agents...that would weed out those who don't take their profession seriously...JMO!

Little side bar, Mike, I work for EXIT Realty Properties...EXIT has a plethora of wonderful training available to their agents, at least my broker John Milakovic provides us with all the training we need, be it in office tapes or one-on-one training.  He is always available to help us.

I will continue to learn from this post Lenn, thanks!

 

9:02pm • #25
256,081 Points 7 Featured Posts Outside Blog

When I grow up I want to write like Lenn Harley...  Yes, I do...

Lenn,

Good job!  And the best thing to do with that email from the woman who wants some agency input is to delete it.  All or nada.

I do agency.  That's what I tell people.  I'm not a clerk.   

9:17pm • #26
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Lenn, it all boils down to risk when it comes to full service or partial. As a California Assoc. Broker, I will ONLY handle full service. Since we are an extremely litigious State I am only willing to put my license and E & O on the line for full service.

I say good luck to a-la-carte but it's not for me.

9:39pm • #27
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Lenn, lets hope they don't get what they ask for. It'll be a disaster, you know another one the government can't fix. The statement about agents bringing things together is so true. that is very much the hidden team in the mix that's fundamentally important. You, and others here on AR are exactly the agents one looks for to bring a transaction together... even when and if our respective clients are doing what they must to screw it up.

Take us out of that mix, and the lawyers just make more money at the expense of the public.

best 

10:16pm • #28
2 Featured Posts

I think that both models have value and will serve segments of the population.  I personally would have no interest at all in providing some of the service since I know darn well I'd be held liable jointly and severally for the whole!  And it's my butt that would get sued since I'm held to a higher standard. 

Given the impact of real estate sales on the global economy I'm still slack jawed at the continuation of this discussion at DOJ instead of a wholesale turn towards a more professional, capable full service licensee or a more capable, professional limited service licensee.  But I don't honestly think most people outside the profession understand the difference.  We are seen as common commodities, interchangable.  So I agree with the common commentary that is emerging here that standards are truly at the bottom of this not what levels of service are provided to consumers. Consumers would be better served if full service were defined as x, y, and z and the expection was that the bare minimum of that would be met by every full service Realtor because they knew how to do their job. 

I'll just keep plugging away at doing it right and in my own unique control freak kind of way :)

10:19pm • #29
13 Featured Posts

In a very detailed brokerage law CE course for brokers here in IL yesterday it was pointed out to us that there are, in this state (not in all) certain minimum service requirements REQUIRED by state law for all licensed brokers to perform (at least in order to have a valid exclusive agency agreement).  Interestingly, as one example, anyone whos model is to take a fee for listing a home in the MLS and let the otherwise FSBO seller do it themselves from there is either a) in violation of state law, b) not holding a valid exclusive if so represented, again per the law, or c) deceiving the client (seller) which in and of itself is in violation of more than one section of the code.  Since Illinois' law was made the model for several other states over the past 12 years, I would not be surprised to find that there are several other states with this same situation. 

The DOJ gives IL a passing, but not exemplary grade in rating it's legal structure as the DOJ wants to see it.  Interesting, because in its zeal to root out non-existent anti-trust situations in real estate brokerage (BB's comments are right on), the DOJ could care less if it hurts the consuming public in the end, as long as it's own existence is justified by taking on any large industry under the assumption that a large industry must be a corrupt one to get large to begin with!  I'm a guy with a small firm in a business FAR more concentrated in service providers than the residential side of this buisiness and I charge more than most if not all my competitors (the big guys, so to speak).  If anything I've seen fees actually FALL as consolidation has happened, not insignificantly either.  Of course, we maintain our fee structure and our clients seem to get along with us on that just fine, no matter how many people work for CBRE and the rest of the endless stream of competitors we have.

10:23pm • #30
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Lenn -- like everything, it seems that people have to learn the hard way.  We worked with a couple of buyer on a fee-for-service basis and it was not a good experience.  For instance, the sellers' agents often do not attend inspections (as that is their policy or their company policy) and the buyer doesn't want to pay the buyer's agent to attend --  Or, after the inspection some issues came up and estimates for repairs were required and the buyers didn't want to pay the agent to meet the contractor at the house to prepare the estimate -- and I could go on and on. 
10:25pm • #31
Alright, let's make this a featured post also. Great post again Lenn.
10:28pm • #32
111,290 Points 10 Featured Posts Outside Blog

I always have to put on my college hat when I read your posts because they have big words in them. When I see them, I know they are good reads.

Your comparison with the airlines makes me think about the people who claim real estate agents are going to go the way of the travel agent. Well last time I checked, there is a big difference from buying a plane ticket to Florida in the touch of a button on-line, and building our new home right now that won't be done until March. I'm an agent, that has helped clients with new home construction in the past, and I am even more worried on my own home that I am going to miss something! I almost want to have another agent take care of everything for me... :)

Oh, by the way, I was looking through the MLS at some new listings and came across one that was by a Internet Only company, the kind that claim Exclusive Listing, but only charge the seller $300 to get on the MLS. Under the "additional info" button for agents, it says that the selling agent will have to arrange the closing for the seller and do all the paperwork. I had to laugh at that one. Don't think I'll be to eager to jump on that one.

10:38pm • #34
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If only buyers and sellers know what we,real estate agents do to help buyers and sellers in helping them purchase or sell their most reasonable sound investment. If buying and selling real estate was that easy,then they need to take the 60 hour course,pass the state exam,take classes offered in the office and the continued real estate education courses. I bet you most of them wont make it pass the 60 hour course. You don't see me going into a dentist and telling the dentist,I'll just clean my own teeth today because I don't need your services. Or tell a surgeon,that I will do my own operation. People need to let us do our jobs. Great post.
11:16pm • #35
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I can't agree more. Pretty soon, everyone will need their license....lol

 

11:19pm • #36
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I wasn't able to go through all the comments - so I apologize in advance if I am repeating what others may have voiced:

I've only been an agent for a couple of years, but perhaps one of the biggest problems here that I have seen about full service brokerage is that some full-service agents don't really provide FULL SERVICE.  Full service agents are individuals - some provide wonderful service - others take short cuts and with the sheer number of agents running around chasing the same deals - some try to push things into contract that they shouldn't. I've seen some wonderful agents who do everything they can to make sure their clients get wonderful service, but I've also seen a few that almost bully their clients into contracts or try to make sure the deal stays "in house" to bolster commissions.  I'm not saying this is commonplace, but it definitely exists - and  those paying top dollar can wind up feeling cheated. They might also turn to a discounter the next time feeling that if they are going to get discount service, they might as well pay discount prices. 

 

11:38pm • #37
OCT
25
2007
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Lenn- Thank you for bringing this issue to the forefront.  A broker that I had years ago when the Internet first came into being in regards to Real Estate foretold of this very day and the topic of discussion. Funny you should update your post with the comment.

We just had a lady call us to set up a showing for one of our listings. As I began my buyer questions, she stopped me and said she is only interested in dealing direct with the listing agent. She had appointments to see 12 homes, all with the listing agent of each property.

One time when the a person said the same thing, I asked why, they said they were planning to reduce our commission since we are the listing agent and they found the house. It is not just about FINDING the house! Of course I told her that would not be the case with me, in fact, my buyers pay the difference in my fee if the seller is not paying the amount my fee is. I put that listing on the Internet! It did not just appear there for free. It takes money to get listings. It is our hard earned work that so many think ought to be free to all, after we worked to get it there. Katerina

1:07am • #38
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"The consumer may want to be careful what they ask for, they may get it"

I've read both articles with great interest and an impending sense of "What are they thinking?" (Our government) 

One thing hit me yesterday:  As competent as I am, as profession as I am, I wouldn't market and sell my own house.  When the time comes I will hire someone that I am confident will do the job for me.  I do not want an agent representing me that is emotionally involved in the transaction (that would be me!).   I would also not travel north in our lovely state and purchase a home without buyer agency representation from a professional familiar with the area. 

The service we provide is so blasted important to consumers.  I'm a consumer.   I would want to be represented by someone other than me for my own transaction so that I could take the emotion out of it and have someone looking out for me.

5:29am • #39
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Lenn- the email you received illustrates nicely how little the average consumer really understands what Realtors do and why those services are important. Unfortunately, the Realtor image needs to be re-shaped to fit the 21st Century.  One agent at a time, one consumer at a time
5:46am • #40
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oh Lenn, I have to be honest and admit that I am not up to hard core real estate reading right now...and two of them no less!  But I know the content must be good so I am commenting for a placemarker.  I'll be back when I'm feeling more "scholarly."  Thanks!
5:52am • #41
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Mike.  "20 failed transactions this year"????  Good grief.  Something is dreadfully wrong!  I haven't had 20 failed transactions in the last 20 years.  Where do they fail?  If they are just offers that don't get accepted, that's not a failed transaction.  However, if the offers are getting to contract and then not getting to the settlement table, something really is wrong.  A good analysis of your processes and procedures would be a good idea.  That's too much spinning wheels. 

I was very disturbed with one of my agents when she had about 4 failed transactions in 5 years.  Her problem was that she was "rushing" to contract and not doing a good analysis of the buyer's qualifications.  Or, she was writing on homes that the buyers selected because of price and didn't consider that the homes were in such bad condition that they would fall apart in the home inspection process, which happened 3-4 times. 

Once she slowed down and did more thinking and less writing, things went much better.  She now has her own broker license and her own company. 

 

6:27am • #42
408,703 Points 74 Featured Posts Outside Blog
My biggest peeve is customer service...if my clients do not get the best service possible then I'm useless to them...some clients feel they know it all...then why hire us? But some need to be pointed in the right direction. You can offer anything or everything and even nothing...but in the end...is the client happy with the outcome.
6:41am • #43
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Michael.  We don't need to eliminate minimum standards for agents.  We need stiffer standards. 

Karen.  It's wonderful that some brokers offer training.  However, the agent on the other side may not be very well trained and that's where experience is valuable.  Training is great for awareness, but experience in transactions trumps any amount of training. 

I had an agent who declined to take several buyer referrals because of training scheduled.  IMO, she would have learned a lot more through three transactions than a few hours of CE.  Training is essential, but experience is invaluable.  She could have collected a few $$$$ at the same time.

Mike.  I agree completely.  I deleted her mail without thinking about it.  There's nothing I can do for folks like that.  Let her go to the listing agent and ask for one.  I'm sure the listing agent will write the contract for her. 

Lenn, it all boils down to risk when it comes to full service or partial. As a California Assoc. Broker, I will ONLY handle full service. Since we are an extremely litigious State I am only willing to put my license and E & O on the line for full service.

Gena.  Not for me either.  We have a new category of AGENCY in Virginia.  It's called Limited Service Agency.  It requires disclosure and a list of the services that you agree to provide and your fee for the agreed services. 

However, I know buyers.  They want services for free and, while it might work for sellers, I don't believe it will fly for buyers, unless they are persuaded by the rebate offered if they "do the work themselves".  We'll see how it works out.  Virginia did what it did to keep the DOJ in Washington.  It's quite innovative on paper.  But, as an agent and broker, I know that no matter what limitations we put on services to buyers and sellers, they will want the agent to be responsible and responsive for every facet of the transaction. 

 

6:46am • #44
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Gary.  You bring up a great point.  It IS lawyers at the DOJ who want to degrade the value of agents.

In MD and VA, agents and brokers control the transaction all the way to settlement.  Title companies are popular in MD and Title attorneys in VA, but agents control to the day of settlement.  VA lawyers have tried, over the years, to get the state to mandate more attorney provided services, but the legislature has refused to give them any more power over real estate transactions.  Lawyers charge a LOT more for settlement services in VA than title companies do in MD, about twice as much. 

Josette.  You are so right when you say that the consumer does not understand.  They do not.  Risk is also the reason I provide ONLY full service.  I trust myself to perform within the law and the COE.  I can't trust a consumer to perform to the same standards in a limited agency basis.  The risk is just too great for me.  Reducing real estate fees isn't always the best benefit to the consumer.  Considering the value of the transaction at hand, I don't believe our fees are high at all.

 

6:55am • #45
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Gabriel.  It seems to me that minimum service requirements can mean more than just trying to eliminate competition of the limited service brokers.  Minimum standards can also mean the requirement that we provide those services to the consumer required to protect their interests and provide a legal and orderly transfer of real property. 

The DOJ has been egged on quite a bit by the "Consumer" groups.  The Consumer groups believe that the public is harmed by high real estate fees.  They see no harm, however, with limited service brokers who leave a trail of failed transactions, inadequate property condition disclosure, fraudulent financing agreements and more.  Go figure.

Joan.  That is a PERFECT example of why I would NEVER have a Limited Service Agency Agreement with a buyer.  There is not ONE component of buying a home in which the buyer does not need representation.  Not a single one.  If the buyer's agent doesn't go to the inspection, who writes the Repair Addendum or Release of Contingency???  Good grief!!!  That must have been a nightmare.  Not for me.  I am a genuine, confessed, proud CONTROL FREAK. 

 

 

7:09am • #46
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Thanks Brandan.  Thanks Karen.  It is featured.  Hurray?  I love gold stars.

Jennifer.  You bring up a good point.  When I sold my home in Bethesda in 2005, I hired an experienced broker to list and manage the listing, showing, open house, contract, inspection, settlement FOR ME.  Of course I could do it.  But, I was happy to pay my broker $42,000 to assume the risk for me.  I'm no fool.  I know how complicated a real estate transaction can be and it involved a lot more than the broker fee.

Lanre.  Your comment brought a chuckle.  I'm often contacted by first time home buyers who say they are not ready to select an agent yet but ask where they should start "their research".  I always recommend that they start with "real estate school".  That doesn't get much of a laugh, but I don't really care.

Christy.  I thought they did.

7:19am • #47
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Ruthmarie.  There are folks in every single profession, trade, industry that don't give 100% to their customers or clients. 

That said, on the whole, I believe that, given the minimum requirements for licensure, real estate practitioners, especially REALTORS, work very hard to provide a very high level of service for our customers and clients. 

Ours is basically sales and until we are compared with the industrial sales positions that require engineering degrees to sell for TI or a degree in chemistry to sell for Pfizer, I believe we do well to keep high standards in our own industry.  I agree that there are some bad apples.  But, there will always be.  Higher standards for licensure is where I want to start. 

7:27am • #48
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Katerina.  You are so right.  When an agent takes a listing and a customer buys without an agent, the listing agent who manages the transaction then has the risk for the listing and seller, then then also have the risk for the buyer.  Fact is, buyers present more risk than do sellers. 

If a buyer thinks that they are going to benefit by the buyer's agency part of the fee, I tell them I'll be glad to pay them that fee if they can show a license.  Emininating one agent doesn't eliminate any risk, any work or save any time.  Where do they get these wierd ideas.  If anything, they are the MOST risky buyers we see.

Kris.  That is exactly what I did when I sold a home in 1995, hired the best broker I knew and paid her her full fee.  She did give me a 1/2% credit at settlement as a "professional courtesy", but I never asked for it.  What I got was wonderful service and a worry free, risk free transaction.  Just what my clients get when they hire me and yours do when they hire you, I'm sure.

7:39am • #49
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Allison.  Good point.  That's what I'm doing, one day at a time.

Maggie.  See ya later.

7:41am • #50
256,394 Points 44 Featured Posts Outside Blog
Lenn, you're one smart lady. I like how you handled the sale of your home.  I own scissors, but I don't cut my own hair.  (Although it may look like it) 
7:46am • #51
612,105 Points 244 Featured Posts Localism Sponsor Outside Blog
OK Lenn I have to stop back by later after appointments. I missed this yesterday and it's to early to respond this morning. I have read now I shall digest.
8:35am • #52

Len..Travel agents,stockbrokers,mortgage brokers,etc. all postulated that same thing that you are...There will always be a segment of the market that are D0-It-Your-selfers or there would not be companies,like Lowes and Home Depot.

There's plenty pf business for all of us. 

Bruce Deery,ASR,C-CREC,E-PRO
9:04am • #53
126,198 Points 5 Featured Posts Localism Sponsor Outside Blog

I think Americans have a love affair with the "do-it-yourself" approach.  At least they do the first time they try it.

9:22am • #54
403,882 Points 179 Featured Posts Localism Sponsor Outside Blog
Is it okay for me to offer the "Client-Centric-Full-Service-Informed" model?
9:24am • #55
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Kris.  Thanks.  I hired a broker to sell my home.  That was $700K.  I cut my own hair.  No risk there. Snip,snip.

Bryant.  It's simple.  Do we want to offer a la carte or full service.  Or, I should say, do we want to be forced to offer a la carte by the consumer and the DOJ? 

Bruce.  I agree completely.  I've never been threatened by "do it yourself" folks.  They always have been, are now and will forever be "fringe". c'est la vie.  The consumer is entitled to the level of service they are willing to pay for. 

I'm not interested in providing limited service because I see it as increasing my risk.  I'm the most risk averse person in Realtordom.

 

9:27am • #56
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Eric.  You are right.  How many leaning decks, leaking toilets, dripping disposers, leaking roof repairs, spattered paint, Harry Homeowner basements, etc. have you seen???  Oh, I forgot the do-it-yourself fellow that thinks he can make auto repairs today because he could in the 70s.

We live in a very complicated, technical world.  Give me someone who knows what they're doing.

I do, however, support a home owner's right to sell his real property himself, as long as he can take the risk.

Rich.  That sounds like a plan.  I like that.  Of course, I still want control of the transaction so I can control the risk.

9:53am • #57
276,755 Points 3 Featured Posts Localism Sponsor Outside Blog

Lenn, the "update" comment from the potential buyer on one of your websites is  unsettling but not unique.  There are three kinds of knowledge:  the first is what we know that we know.  The second is what we know we don't know.

The most dangerous, though, is the third kind: what we don't know that we don't know.  Too many consumers, plus our paternalistic Department of Justice, are in the third category...

10:27am • #58
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Brian.

That, "You don't know what you don't know" was my favorite Rumsfeld quote.

You are absolutely right.  But, here's the thing.  If the is a true "do it yourself" person, the risk is primarily to themselves and eventually they go to an agent to get the job done, luck out and handle it themselves or cause havoc for themselves and others in a transaction.

If, however, a licensee is working with a consumer who is doing "some of the work" themselves, they put us at risk too. 

I don't care if the buyer or seller want to handle their own real estate transaction.  I just don't want to be a part of that transaction.  That's what limited service does, puts the agent at risk.

12:00pm • #59
5 Featured Posts

Lenn,

I may (probably) brought this amount of failed deals on my self due to writing up a number of contingency offers based on their home selling. Nearly half did not make it thru financing, a few of them were larger commercial deals that could not get done..Or have not yet been done. Spinning wheels is a term I am familiar with, I feel like the dolphins football team, they have lost a lot by very little, but they still lost. I have learned a lot from in here,and am primarily working with investors now.

12:12pm • #60
348,391 Points Outside Blog
Good post. Good information. Thanks for sharing.
12:51pm • #61
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OK I'm back. Had to read all these comments. My goodness!! My opinion is that there are certainly buyers and sellers out there that are capable of handling their own transaction. They are however far and few between. As I had mentioned in your post, the consumer already has many many options when it comes to who to hire or not hire. Unfortunately, the DOJ doesn't see it that way and I'm not sure they lose when they fight. EDITED: I meant DO NOT LOSE.

So the biggest question for me is, "Will the DOJ winning the case change the way I handle my business and it will it force me to charge less?" If I'm honest with myself the answer is "no it won't." Why? Well like I stated above the consumer already has options. The DOJ's suit is based on their blindness to what really takes place in our market. They seem to be very confused.

The folks I work with on a daily basis just want to buy and sell real estate. Some are willing to pay me to help and some aren't. It's been that way for the 14 years I have been in business. I am not threatened by limited service biz models at all. I've been competing with them and winning for years. BUT there are many in our business that WILL be threatened and may lose market share or even be put put of business once the gates are opened a little wider. Personally, that will be a very good thing. There are a lot of folks, at least in my area, that need to be put out of business.

One thing that would help folks that want to stay in this business is to understand that we are NOT in the business of selling houses. We are in the people business. Folks hire me because of what I bring to the table with many years experience and transaction under my belt NOT because I have the capability to place their property in the MLS. And Buyers hire Lenn for the same reasons NOT because she can open a door for them. How do they know this? Because we tell them

Our industry needs a good shaking out. It's our standards that have brought this mess upon us. The day when Brokerages became more interested in renting desk space than selling real estate is the day this all started. That needs to change in order for our standards to go up. But will it? I doubt it. In fact, if DOJ has their way, which they will, it will only get worse. It's simple math. If fees go down you need to get more of them. 

We will be getting paid for what we have instead of who we are. So my advice is: Quit talking about what you have i.e. web sites, blog sites, property access, 45 step marketing plan, etc.....and start talking about who you are i.e. relationships, calming force, care and concern and so forth. Those are things you can't buy or find on the Internet.

But what the heck do I know.  

12:55pm • #62
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Mike.  One thing I always tell agents when something doesn't happen the way planned.  O.K., but I 'm sure you learned something through the transaction.  We learn, even on the ones that don't finish.

Bob and Carolin.  My pleasure.

1:05pm • #63
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Bryant.  I have to laugh when you talk about the "45 step marketing plan".  They only work when everything falls in place and everyone does what is incorporated into "the plan". 

I've found that when you talk with folks, get them to talk about themselves, their needs and expectations, you can design a plan that will accomplish their goals.  For sellers on our contingent sales, I let them talk about their house, the neighborhood, the shopping, etc., they're ready to help you sell their home.  Letting folks talk about themselves helps them to trust you because you listen.  Of course, if they're going to overprice their home, they can contact someone else.  I'll still get paid on their buy, if it settles.  None of the brokers I work with will handle an overpriced listing no matter what.  If they start taking overpriced listings, I'll take my business elsewhere. 

That's hard for new agents to learn because they always want to impress folks with their brilliance. 

I agree that the standards need to be improved.  We can't demand good fees if we aren't offering good services.  I will not negotiate my fees.  I offer benefits to buyers or sellers to work with us, but I won't negotiate with them. 

If we start letting the consumer tell us how to run our business, it wouldn't be any fun. 

1:31pm • #64
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Charlene.  I know some folks who lost significant money in the stock boom.  One gentleman withdrew his retirement from his government job and lost every penny.  Then there was a gentleman that made a cool $800,000 trading.  Paid cash for a home I sold him.

Most folks can't make wise investment decisions.  However, many stock brokers don't give good investment advice to the average Joe either.  I spent some time with the SEC.  How many ways can you say "churn"?

There is something to be said for mutual funds. 

3:56pm • #65
106,539 Points 12 Featured Posts

Lenn - I don't see the government as intervening. There is room for any business model to attempt to compete in every market. The DOJ is stepping in to make sure the playing field is level. You see, we may type nice, and chat nice but we all don't act nice. Brokers that operate other than traditional firms have felt the sting of exclusion. Their listings have been avoided en masse at the direction of "full service" brokers. It seems that rather than letting the market decide, some agents fearing the need to compete, prefer to vandalize signs, boycott listings and speak negatively about the other than traditional firms.

If everyone in our industry truly acted like they appear here, there would not be any problem. If the real estate model of today crashes in a flaming fireball, the leadership of the NAR will have finally succeeded. If we truly believe that nothing good can come from "a la carte" firms, we should not fear them nor should we shun them. Every post the paints the picture that "a la carte" is less than desirable is self serving and does nothing to resolve the issue. There are customers that have used "a la carte" firms that have received

a home at a fair price,
every necessary disclosure,
excellent value financing,
all the necessary inspections,
valuation based on sales comps,
the opportunity to see any home in their search criteria,
and much more.

It just happens that good agents can be found in just about any brokerage.

4:13pm • #66
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John.  You're right, of course.

and

John.  You're wrong, of course.

My posts in this matter are inspired by the many buyers and sellers who want information from me, for free, and they then want to "do it themselves".  They would like for use to be "information centric" because they're doing a limited service transaction and don't have the skills to get the job done, like the lady that e-mailed me yesterday. 

Or, they believe that what we do is simple and with a little information (centric), they could do it themselves and save a broker fee.  They don't understand that I charge for what I know and not what I do. 

The FTC and DOJ could probably have succeded in stopping the abuses you correctly describe by going after the brokers who actually committed the acts and not the entire NAR membership. 

I have nothing against limited service brokerages.  I've sent dozens of folks to Gil Clark to sell their home.  The problem with most limited service consumers is that they don't know the questions to ask or the services to buy. 

Buyers and sellers can use the limited services of any broker.  But they can't expect me to guide them through a transaction when they don't want to sign anything or work with just one agent.

 

 

4:33pm • #67
106,539 Points 12 Featured Posts

Lenn - I knew that you would take a minute and clarify. You are 110% correct that it would be better for everyone if the DOJ actually went after offenders than entire industries. I can only imagine that they have a limited budget or they fail to comprehend the source of a problem before coming up with a solution.

I do not believe anyone should work for free. If someone wants advice, I am sure you or me and any number of others in our area would be willing to advise them for an hourly fee.

4:42pm • #68
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No, no, no, John.  Not I.

I only provide FULL SERVICE brokerage services.  If someone wants my advice, I have to come with it.  For me, it's a matter of risk reduction.  My greatest fear of limited service brokerage, fee for service brokerages is that it leaves too much in the hands of the consumer.

I begin with the premise that the consumer is not competent to provide real estate brokerage services for themselves.  Therefore, they are risky.  Prividing anything less than full services could very easily give a consumer just enough information to make them dangerous to themselves and others.  If something goes very wrong and litigatin ensues, I will not have my name associated with that consumer in any way. 

TOTOH, if I have an agreement with them and I'm managing the transaction, I can anticipate problem areas and if something goes wrong, I have E&O insurance.

The limited service is just too risky for me.

Consumers who wish to buy information will have to go to someone else.

Consumers who want full service brokerage services can call me.

 

6:59pm • #69
4 Featured Posts
You've made a lot of sense...thanks Lenn...
7:18pm • #70
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James.  Thanks for stopping by.

 

7:20pm • #71
186,664 Points 28 Featured Posts Outside Blog
I do want to be you when I grow up!  Your point in the last comment flurry was so true-the liability of offering advice when you're not that customer's representative is too large to take lightly.  Seems to me that the lawsuits being bandied about ignore that fact too well.  I may be back when I get my thoughts together.
8:04pm • #72
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Thanks Leigh.  Risk reduction determines a lot of what I do and don't do in daily practice and planning.

 

8:12pm • #73
424,805 Points 36 Featured Posts Outside Blog

Lenn,

I always start with a fundamental I know to be true! The nuns taught us, 'A little learning is a dangerous thing'! I love the internet, but a very high percentage of the gazillion pages out there contain less than true facts! So the consumers are not getting a 'good enough' education in real estate transactions to be able to 'sail the ship' on their own! Being 'exposed' to a lot of information doesn't make you 'learned' enough to handle a complex thing like a real estate transaction! Thanks,   Fran

9:54pm • #74
284,744 Points 13 Featured Posts Outside Blog

 Geeze Lenn, I give up, I'll never be as good as you are...absolutely great info on here...what a mentor you are to us newbies!

Karen

9:58pm • #75
I'm new in this industry and on this site, but I want to say thank you to Lenn for the valuable insight, information and discussion posted here. 
10:52pm • #76
OCT
26
2007
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Fran.  I agree.  The foundation to management of real estate sales in real estate sales licensure.  Without that, continuing education, experience in contract management, the consumer is not well represented by do-it-yourself real estate buying or selling. 

This belief is not a self protection attitude.  It's a recognition that real estate sales management is a complicated, highly regulated, and complicated process.  I do not beliee that the average consumer has the knowledge or skill to manage their own transaction.  Of course, they are free to do so.

6:51am • #77
408,703 Points 74 Featured Posts Outside Blog

Lenn,

Funny...but I had mentioned the continuing education in my post and although it might be a very easy course and test and probably just a joke to some there is a reason why they make us take it every 2 years...I tried to stress that to the mortgage industry about having some sort of standards on education but some felt I was talking out of my a-ss and should just worry about us Realtors(R). I wont comment further because it pisses me off...maybe someone is hiding something?

8:15am • #78
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Neal.  When is continuing education NOT a good idea?? 

8:31am • #79
OCT
28
2007

Lenn,

 The Airline industry has the same problem that the Railroad industry had in the 60s!  They failed to grasp that they were really in the transportation industry.  Why haven't the Airlines crossed over into Rail, Trucking, etc.?

The Real Estate industry needs to get beyond both models and diversify in ways that create better win-win scenarios for agents and brokers while addressing the needs of consumers.  We have moved towards a business services model that is consumer driven while forging a true partnership between the brokerage and sales executives.  This model must be viable in both up markets and down markets while mitigating the effects of disintermediation.

 Of course, it would really help if NAR were better about embracing change!

 Forrest

5:22pm • #80
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Forrest.  Good insight.  NAR have insight????  Shucks.  They have one mantra, "It's a great time to buy a home".  Then cannot get beyond that hackneyed phrase.

 

5:45pm • #81
OCT
30
2007

Everyone seems to compare us to all these big industries (which we are the biggest), I just find it funny (and sad), that in some states you need over a thousand hours (yes, 1,000) to become a hair stylist, but what do we need in this industry 40-100 hours for a RE License???

That said, we can blame "discount brokers" or what I am penning "competitive commission brokers", or we can insist the state's require more hours to get a RE License. (the state, not NAR!) If getting a RE License was less like getting truck drivers license and more like getting a degree, then maybe the MLM scheme that some companies use to attract new agents, would allow our "value-driven Full service agents" to reap more of a reward. - at any commission structure!

IMHO, just my .02!

 

 

 

10:26pm • #82
OCT
31
2007
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Keith.  Agreed.  We need much high entry standards. 

The NAR did nothing to promote higher entry standards thinking that simply more REALTORS following the COE was quality enough.

It wasn't and it isn't.

We need higher entry standards.

6:04am • #83

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