Special offer

HMS Home Warranty "processing fee" = Kickbacks.

By
Real Estate Broker/Owner with Northern Virginia Homes - FRANKLY REAL ESTATE Inc

I've written before about kickbacks form Affiliated business arrangements.

Well I just got a $60 check from HMS for one of my agents that was involved in a home sale where a $400 warranty was purchased. I consider these checks to be kickbacks even if they are called "processing fees."

We refused the funds and are working on it getting sent back to the customer, or given to a charity.

I was then told "If you don't want the $60 fee, you can just send in $339.00 instead of $399.00"

So it isn't a kickback, but the customer can send in less money and get the same product?

Do you keep the $60 that HMS gives you if you tell your client to buy that warranty? If so, why?

FrankĀ 

Derek Bauer's, www.DoorToDreams.com Door to Dreams Home Selling Team
Real Estate One - South Lyon, MI
Interesting ... At my Broker we are actually paid $30 for each Home Warranty, which I suppose means the Broker is keeping $30.  I had no idea that the cost of the warranty could be reduced for this reason.
Mar 21, 2008 02:49 PM
Jim Ludes
RE/MAX Top Properties - Coal City, IL
Grundy/Will County, IL REALTOR

"To sell a home warranty you must receive training outside cont.ed. requirements, present the benefits, take the application, enroll the client, and educate the client on claim process."

In reality- you need to be able to fill out an address or two, check a box or two, right? Can't tell you how many home warranty forms I've filled out- Never once did I need special training to do so....

Mar 21, 2008 03:25 PM
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Hello Steve,

What in the world are you talking about? Training? At least here in Virginia you get a $60 kickback if you have a pulse and can fill in your name on the warranty card. No training, no nothing.

Mar 26, 2008 05:42 PM
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Erica,

That is amazing! The lengths that an agent will go for the $60 is amazing.

Derek,

Yep, the fee technically goes to the broker. Some brokers don't give any of it to the agent (claiming RESPA) and others will take half.

David,

That is the heart of this question. HMS calls it a "processing fee." So let me get this straight... "to process the $60 check that we are going to give you, we have to give you $60 to cover that check" or you can just deduct $60. I know we aren't talking about a lot of money here, but it is the intent that matters. 

Mar 26, 2008 05:46 PM
n d
Naoma Doriguzzi - Virginia Beach, VA
Frank - I had no idea that the home warranty companies did that! 
Mar 30, 2008 04:54 AM
Philip Lamachio
Advantage Inspection Clear View - Greensboro, NC

My dear dear friends..........

Have the strange ways of the Home Warranty Industry got you in a bind ? 

Really, though kickbacks are a real serious issue, the problem goes much deeper. 

You claim to be concerned for integrity ? Yet you are (unknowingly I am sure) aligned with crooks !  

Almost the whole home warranty industry is based upon unsound buisness practices, such that fraud and bribery are necessary for 'success'.

Here's something to think about. Read:  Secrets the Home Warranty Industry Doesn't Want You to Know 

There is only one home warranty that is always worth the paper its written on, we don't offer kick-backs and require no paperwork from the agents involved.

Advantage Home Warranty is the only:

  • home warranty underwritten by a home inspection ( can anyone say: documentation ?)
  • 'No Denied Claims' home warranty on the market
  • home warranty without the nefarious 'pre-existing conditions' clause

You owe it to yourselves and your clients to find better alternatives, a warranty you can actually believe in.

Do your homework and read my blogs here on Active Rain

And then let's talk......

Philip LaMachio, NC. Inspector with Advantage Inspection :  Proud Member of NACHI

Our local Website: Advantage Inspection Clear View 

We are also a proud Lowes Home Improvement Preferred Vendor Provider )

Also, our corporate website: Advantage Home Warranty

 

Apr 01, 2008 04:27 PM
Anonymous
Patsy Humphrey

Well all of this is very interesting and after about 23 years in business I'll share my experience and pose a new question.  Some of my clients say "Thank goodness, I had the warranty.  I could never have afforded the work they did for $100" and others say, "It wasn't worth the paper it was written on!"  Which of us is willing to tell the client with the major problem, "Oh, the warranty wasn't worth the money!" As a buyer's agent I always write in the Warranty and if the seller won't pay it, I do.  The odds are probably 50/50 and I would prefer to be on the winning side of that deal.  Now, while you all are feeling so righteous about not taking the $60 award, how many of you charge the "broker transaction fee" to your clients.  I don't now and never have charged that fee-believing that whatever commission I receive is probably adequate so I pay out of my pocket.  Would you rather save your client $60 or the price of the transaction fee which ranges from $150 to $399 and goes up every year? The transaction fees are a far greater "rip-off" than any home warranty. 

Jan 27, 2009 10:29 AM
#25
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Dear Patsy, with ReMax  

Nope no admin fees or transaction fees. You can read about it here.

 

Jan 27, 2009 01:59 PM
Anonymous
Beth Malakoff, Lakeforest Title, Gaithersburg MD

At Lakeforest Title we started providing an HMS $399 home warranty to the buyer when they close with us as our way of saying thank you.  We started this a couple of years ago.  We did not raise our fees when we started this since it is pretty much our only "Marketing Expense".  We haven't raised our fees in 22 years except for adding a $45.00 scanning fee which actually goes to an outside contractor (eaglescan).

Every month we get postcards in the mail from HMS stating what repairs they provided for which client policies.  There are always a few.  The five I recieved in January were dated December 2008 and included repairs to a Clothes Washer, Range, Furnace (Natural Gas), Refrigerator, and Water Line.  These repairs were carried out in houses in Maryland and Virginia.  That was 1 months worth of post cards from HMS. 

Interestingly enough, we rarely hear from the clients about the repairs that were done.  I have had some complaints from clients and some complements.  We did have one client bake us (Lakeforest Title) a cake to say thank you after HMS replaced her water heater.  You are not going to please all the people all the time but HMS does a good job standing behind their warranty.

Feb 06, 2009 08:39 AM
#27
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Thank you Beth, However it seems like you missed the entire point of the post.

I didnt say anything about whether the warranty was good or not. I was talking about the kickbacks. Also you all should feel foolish that you have been overpaying by 15% for years.

I just saved you all a ton of money. More than GEICO would save you. From now on, you can just send in checks for $339.  Feel free to send me a check for half of the savings that I just made you

Frank

Feb 06, 2009 08:58 AM
Anonymous
Beth Malakoff

Hi Frank,

Actually, I did not miss the point of the discussion.  I was simply addressing the comment from Missy Caulk and your response to it.  Perhaps you should re-read your blog to refresh your memory.  And no, we don't actually pay any more for our warranties then anyone else, so you haven't "saved us any money".  The phrase "HMS $399 Home Warranty" is one that everyone in our industry immediately understands.  Even you . 

I don't think I owe you anything more than a chuckle at your patronizing attitude.  And perhaps a referral to a good neurologist for any memory issues you may be facing.

Mar 02, 2009 07:15 AM
#29
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Let me guess Beth.. trying to pick up another referral fee?

Bottom line, do you pay the $399? Or do you pay the $339 amount?

It is unclear (which is what people that are trapped try to do) what you mean by "pay any more ... then anyone else."

If you pay $399, you are paying what most people pay, and that is too much. You can pay $339 if you skip the kickback.

Frank

Mar 02, 2009 07:31 AM
Anonymous
Tina

Frank,

Maybe you ought to go back an get educated on warranties. You can't go and just pay a lesser amount for a warranty when you want to. We don't receive these "fees", but we still pay the same price. I really think you need to know each any every warranty to make statements and accusations as you do.

Jun 27, 2009 02:07 AM
#31
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

"Tina",

You are clueless.

With HMS, which is the subject of this post, yes you CAN, and I HAVE paid less.

So if you are using HMS and NOT taking a fee, and NOT lowering the price, there is only one leftover explanation. That is stupidity.


Frank

Jun 27, 2009 03:50 AM
Anonymous
Tony

Frank, can you keep your comments professional?

Aug 10, 2009 05:19 AM
#33
Brien Berard
Remax Professionals Laurel MD - Laurel, MD
Maryland Real Estate Agents - Laurel Real Estate

It seems to me that HMS is a good warranty to purchase for your clients......in that they provide a decent service for the money spent......with or without the $60.  I agree with Tony, we should all keep our comments professional.

Aug 01, 2010 05:57 AM
Anonymous
Frank

I was civil until Tina said I needed to get educated on the matter. Who says that? Especially when you are dead wrong. Also being "anonymous" like that makes me less respectful of somebody that can't put their full and real name.

Did anybody see the new statement put out by HUD, reaffirming that these fees are illegal?


Frank

Aug 01, 2010 07:47 AM
#35
Anonymous
Henry Robaina

Agents can choose many different payment structures in terms of them either receiving
commission from us, marking up their “buy rates”, sending a customer directly to us at their
“buy rates”, and purchasing for the clients themselves. The agent needs to tell ChoicePlans
how they are going to sell so we can set them up accordingly.
The AGENT can sell a plan at or above their Buy Rate and receive the difference if they
want. The AGENT can simply send leads to us by phone/email/etc. and the agent will tell
US WHAT THEY WANT US TO CHARGE THEIR CLIENTS. Sell at Buy Rates or do we sell
their clients at Sell Rates. When a policy comes for the agent’s customer, then we will know
who to pay, how to pay, and if to pay a commission.
IMPORTANT / Agent must provide the information for the customer:
Name, Phone, Phone2, Email, etc. for each policy.
Agent_ _______________________________
Date ________________________________
Phone_ _______________________________
E-mail_ _______________________________
Note: Please Email back to Admin@MyHomeChoicePlans.com or fax to (646) 514-2674
Total Home (AC, Heat) $325 $399.95 $75
Total Home $295 $369.95 $75
Kitchen/Laundry (AC, Heat) $285 $359.95 $75
Kitchen/Laundry $255 $329.95 $75
Home Essential (AC, Heat) $240 $314.95 $75
Home Essential $200 $275.00 $75

Oct 28, 2010 08:52 AM
#36
Anonymous
Home CHOICE Plans

WWW.MyHomeChoicePlans.com

WWW.MyHomeChoicePlans.com

WWW.MyHomeChoicePlans.com

WWW.MyHomeChoicePlans.com

WWW.MyHomeChoicePlans.com

Oct 28, 2010 08:53 AM
#37
Anonymous
Mike

Yes, it is a KICKBACK. Completely undisclosed to the buyer. It's really cut and dry. No BS. This is, and will after I get done with them, be illegal. I am an agent with REMAX in Minnesota, I have been in the business for 17 years, It's a kickback plain and simple.

Apr 24, 2016 12:52 PM
#38