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Real Estate Sham MSA's coming to an end?

By
Mortgage and Lending with Cambria Mortgage NMLS 274132

After year and years of abuse, it appears a big area of real estate transaction abuse may be finally coming to and end. What is that you say?  Something you probably experienced, but didn't realize, which is known as a Marketing Service Agreement, or MSA.

MSA are agreements between various companies, more often than not, companies owned by the same people, to steer you into using the services of the other company.

For example, you buy your home using a Real Estate Agent from ABC Realty, who talks you into getting your mortgage loan from their affiliated company ABC Mortgage. Then they get you to close your home loan at their affiliated Title Company, ABC Title. Some, even go as far as even trying to get you to get your homeowners insurance from their affiliated company!  cfpb_logo

Another great example is in new construction, where the builder uses fake incentives (like free appliances) if your use the mortgage company and title company they own.

These MSA have become prevalent in the market, but have started to fall out of favor with many companies since the CFPB (Consumer Financial Protection Bureau) started going after these service agreements over their legality. Numerous companies have been slapped with large fines for their practices, so many others, seeing the writing on the wall, are just getting out of MSA's all together.

Essentially these agreements require one company to be obligated to recommend the other, even when they know there is a better alternative for the client. 

Almost always, it comes down to money. If the client believes they are required to use the company and they don't shop, or are not allowed to shop, what sort of deal do you think the related provider is providing?  incentive2That's correct, rare is their offering the best deal, and many times, the consumer is paying a significant premium for the related company services. Because the related provider costs more, if allowed to shop, it would usually put their own overpriced companies at a competitive disadvantage.  Therefore many companies employ tactics to scare or otherwise discourage clients from shopping.  The aforementioned builder incentive is classic. People, the builder is NOT giving away anything. The appliance allowance, or finished basement upgrade is already built into the price of the house. They only "offer" that as a incentive to fool you into also use their MSA partner where they charge higher rates and fees than you could get in the open market. If their partner companies were so good, they wouldn't have to offer fake incentives.

While MSA's are not currently illegal, the CFPB has strongly stated that if you are going to be making a referral, it better be because it is the best deal from the client, and not the best deal for the referer.

The bottom line for a home buyer is that you should always shop for the other services.  Almost without fail, because of the nature of Marketing Service Agreements, you'll usually get a better deal somewhere else.

Comments(4)

Stefan Winter
Real Estate in IL & NV | Owner of Real Estate Web Tech | Daily Vlogger - Las Vegas, NV
Owner - Winter Group & Real Estate Web Tech

Some will still do this, for every 10 great, professional agents or companies there has to be one that gives us a bad name in the business. They may get a lot of business at first, but in the long run the honest, built on great principle companeis do win out.

Have a great week & thanks for sharing.

Sep 21, 2015 07:02 AM
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Joseph - I have never been a fan of the MSA's, and it wouldn't hurt my feelings if they went away completely.

Sep 21, 2015 11:33 AM
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Joseph,

 

I’m with Troy. I wish the CFPB would do away with them completely. As long as they are legal consumers will be “made offers they can’t refuse” to use the affiliate.

Sep 22, 2015 12:51 AM
DEANNA C. SMITH CERTIFIED MOBILE NOTARY
Certified Mobile Notary Signing Agent - Smith Mountain Lake, VA
Highest Ranked Certified Mobile Notary in Virginia

Troy is on the mark as usual.   I would also like to see them go.   I do a professional and ethical job for all of my clients.   When others do the same, they get plenty of customers too   

Oct 05, 2015 05:24 AM