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NAR Settles Lawsuit with Justice Dept

By
Industry Observer with Retired

As the voice for San Diego real estate I am pleased to announce that in a just released news items, NAR has settled with the Justice Department. "REALTORS Settle Case with US" and " NAR,DOJ Agree on MLS Policy".

This settlement which I am sure comes as a relief to REALTORS and all concerned, will allow on-line brokerages access to listings that were denied in previous rules in the MLS Model Rules.

NAR feels that this is a win-win and will neither pay a fine nor have to admit any liability as part of the settlement. Dick Gaylord, our 2008 NAR President said "Thanks to Realtors, consumers can access detailed information about millions of properties for sale across the country."

One interesting point that was brought out in a report filed by the Justice Department and the Trade Commission was the home buyers use the the web for searching properties more than they do in calling from "For Sale" signs.

This report and this settlement is great news for all REALTORS. If we didn't already have enough, we now have more than a suitable quantity of empirical evidence to convince home sellers that the internet is the strongest and best marketing tool for exposing their properties.

Amended to add the following: With 84% of Buyers using the internet first to search for properties it is imperative to have the best internet marketing strategy.  We should also be impressing on the sellers that all agents are not equal in their internet marketing efforts. Sellers should really check out the connectivity and internet savvy of the agents they are interviewing and hire the agent that can implement the best overall internet and traditional marketing strategy for their listing.

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Comments(71)

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

In my opinion, the details of the settlement are simply of no importance since they are not Draconian and affect only a few broker models anyway. 

I'm just simply glad that it appears that it will soon be over.

May 28, 2008 10:22 AM
William Johnson
Retired - La Jolla, CA
Retired

Hello Jon, you have expressed a most interesting perspective. Thank you for coming by and sharing it.

Hi Larry, that is not what the antitrust unit of the Department of Justice does :-)

Dear Paula, a fair assumption.

Hello Joe, I am sure it will become available soon.

Hi Susie, ActiveRain does provide so much doesn't it? It is an awesome resource and opportunity. I always appreciate your insight.

Christine, thanks for dropping by. It is indeed!

Hi Maureen, as all the information comes to light, all of us will get the reminders. The pursuit of real estate goes on. Thanks for dropping by.

Hi Neal, your comments are a good reminder. Thank you for sharing that valuable insight.

Hi Sally and David, for sure! e-PROs rock!

Hi Leolinda, You do not have to belong to NAR to be a member of the local MLS and to input at listing.

Hey Sam, there certainly is that possibility. We shall see.

Hi Kathy, I am so glad it is over. What happens next we shall all see. In the meantime, we all have work to do. Your head is in the right place.

May 28, 2008 10:31 AM
William Johnson
Retired - La Jolla, CA
Retired

Hello Lawrence, thank you so much for the links, normally I don't put links in the comments but these times may require exceptions to the rule. Thanks for dropping by and sharing.

Jim, you bet! And I think we are the lucky ones that are ahead of the curve.

Patricia, these are great questions for you and your broker to discuss. They are simply not an area for discussion that I would consider myself expert in. The answers may have legal implications and I am not a lawyer. But I do appreciate you sharing them with us as others likely have the same question. Thanks for dropping by.

May 28, 2008 10:40 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Lenn, Me Too! And you are so right. Whatever the local associations/MLS do to impliment the new policy, we each only have to answer to the rules of which we have each agreed to abide by our membership in that respective organization. Great reponse and I am sure glad you offered it here for others to see and take advantage of your sage wisdom.

May 28, 2008 10:45 AM
Delaware Junk Removal Residential And Commercial Hauling Clean Outs
Delaware Junk Removal 302-530-9186 - Wilmington, DE
Whole House Clean Outs, Basements, Garages, Attics

William- I agree, my point was we should not have to deal with the situation and neither should the internet based  brokers client.

May 28, 2008 03:28 PM
William Johnson
Retired - La Jolla, CA
Retired

Hi Larry, Thanks for clarifying that. I do understand your point.

May 28, 2008 03:34 PM
Mitchell J Hall
Manhattan, NY
Lic Associate RE Broker - Manhattan & Brooklyn

Maybe I'm naive but I don't see these websites ever becoming anything more than media/advertising companies. Even if they have brokers licenses. I think they will make their money from selling leads and selling advertising. I can't see a website being involved in the real estate transaction. Why would a home owner in San Diego list with a broker in New Jersey? Real Estate is still local.

May 28, 2008 04:27 PM
Megan McGonigal
Integrity Real Estate - Northeast, MD
CRP - Cecil County, MD & Harford County, MD Real Estate

Hi William, I totally agree with you.  I look for just about everything on the internet and do most of my shopping online as well so it would make sense that everyone else is doing the same thing.

May 28, 2008 05:13 PM
William Johnson
Retired - La Jolla, CA
Retired

Mitchell, Though it is hard to imagine,as many changes exist today that 5 years ago would have been unimaginable, we are in flux and it will be quite some time before the dust settles and a new direction for the real estate transaction transforms.

I see possibilities and yet would have no way to predict what that day in future looks like. Perhaps a hybrid version of the way business is conducted to today. The online transaction may in fact be the future. With the advent of our RELAY system for the on-line transaction, electronic signatures, the future could be some form of what we couldn't even fathom today. Yet, visionaries will tell you that we will have just such a system within a few short years and maybe even sooner.

The best way to handle all of the this as Howard Brinton would say is to " Get out of judgment and into curiosity". The future is yours, seize it.

May 29, 2008 01:21 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Megan, it does make perfect sense. With the advent of the internet, all generations could think of the internet empowerment as having a perfect filing cabinet delivered to your home with essentially everything in the world condensed to a tiny file. It awaits your discovery of it.

May 29, 2008 01:50 AM
Find a Notary Public needAnotary
QEC Internet Services - Long Beach, CA

The more educated the client is, the more they rely on the internet to provide information before contacting an agent.

The world has changed.

May 29, 2008 02:01 AM
William Johnson
Retired - La Jolla, CA
Retired

Notary, That it has!

May 29, 2008 05:50 AM
Lonn Dugan
Toledo, OH

OK.  If I am tracking this...

DOJ filed a suit meant to prohibit allegedly anti competitive practices of MLS members - IN THE INTEREST OF PROHIBITING "PRICE FIXING", INCREASING COMPETITION, AND THUS LOWERING CONSUMER COMMISSION COSTS INCURRED DURING REAL ESTATE TRANSACTIONS. 

THE DOJ SUIT SUPPORTED BROKERS OR AGENTS WITH LOWER COST BUSINESS MODELS AGAINST THE "OLD STYLE" BROKERS WHO ACTUALLY PUT TIME AND EFFORT INTO "SERVING, ADVISING, and PROTECTING" CONSUMERS.  

THE DOJ WOULD PRESUMABLY BENEFIT CONSUMERS BY MAKING LOWER COST COMMISSION MODELS MORE AVAILABLE. 

All this came about because the MLS's did not want to share listings or commissions with "middlemen" who did not bring any real value to the transaction other than placing listings online. 

The proposed settlement, however, clears the way to turn more web savvy agents or brokers into middlemen, adds a whole new layer to the commission sharing that already goes on, which drives up costs for the poor Realtor who is listing or selling homes in the trenches by actually,<GASP> spending TIME and MONEY interfacing with highly variable and indecisive human transaction units.

END RESULT....  Consumers may end up paying more for actual Realtor services because they poor agent now has to give away more of his or her commission to middlemen.  Rates at street level may have to increase to allow for SOMEBODY to actually "serve, advise, and protect" the consumer.

Thank God the DOJ is protecting consumers...  (now - tell me again... who put them up to this)? 

What am I missing here? 

May 29, 2008 11:06 PM
William Johnson
Retired - La Jolla, CA
Retired

Lonn, You aren't missing anything and I think you have it close to right. The new business models ( middlemen) are what we as an industry must learn to wean ourselves from if their valuable service ( pun intended) is expected to ever be minimized. If agents buy from them, they see the value. Teach the agent to fish better and there is no more need.

What we are doing with our efforts in localism and SEO optimization,work directly against the middle man, which is where he started out. The information and the better, the more we attract back the consumer.

SEO just because there is an unfavorable business model out there should not scare us away. It should encourage us to do it better and we will.

May 31, 2008 10:42 AM
Stephen Graham
Inactive - Atlanta, GA

In my opinion, those lead-capturing websites that sell leads to Realtors actually cost the consumer more than if they, the consumers, just deal directly with agents.

Jun 02, 2008 02:23 AM
William Johnson
Retired - La Jolla, CA
Retired

Hello Stephen, I can attest to what you are saying. Sometimes the costs are not just money but in many ways a sense of fair play. With RESPA that governed how you could compensate or remunerate someone else almost silent on this 3rd party referral stuff is amazing. You might find it interesting to do a little research and understand who and how RESPA came about. If you knew the story behind it, you might better understand how today the 3rd party aggregators capitalize on our system. If compensations are too high, that is an argument that others can argue. But at least for the number of years I have been involved and I have seen testimony for many decades prior, the REALTORS brought forth substantive change and protect as the Trustees of the land , the rights of private property owners. They work and are involved in the communities from which they come. Some remarkable even amazing efforts have been contributed. The 3rd party aggregators contribute NOTHING. They simply take from the system. Yet they are rewarded as having a right. It is hard to fathom something so unfair but life is NOT necessarily fair. It is driven by money and power and that goes where it will. Like a screw to a magnet. And if you can visualize that, visualize now a piece of ugly scrap metal and the magnet and you will see that the screw is greatly overshadowed. What sticks is not always pretty.

Jun 02, 2008 03:09 AM
Stephen Graham
Inactive - Atlanta, GA

Good point, William. RESPA is a consumer oriented statute created by HUD to keep settlement fees down. By paying 3rd parties for leads, this is in contradiction to RESPA's goal.

Jun 02, 2008 03:59 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Stephen, Thanks for dropping by and sharing your great insight here. Contradiction does seem to be the rule today, doesn't it? But the best way to fully appreciate it is to " follow the money".

Jun 02, 2008 04:17 AM
Dean Guadagni
Inner Architect - San Rafael, CA

William wrote:

 

"Hi Dean, my perspective , though I didn't make it very clear was that sellers should also be taking advantage of agents that are internet savvy to market their listings. Sellers spend less time looking at real estate on line to know how does the market job of exposing the listed properties.  At least it seems to be the case here in San Diego."

That is an excellent point. One of the most unrealistic and useless sales tools is the stand alone website created for a property address. The 123 Main St. website rarely accumulates any Google SEO juice, remains buried on searches, and is obsolete by the time the house is ready to move.

A blog is the perfect tool to SEO a property listing.

dean

Jun 02, 2008 05:05 AM
William Johnson
Retired - La Jolla, CA
Retired

Dean, From the perspective of Google Juice, that may be true. But until I get that Google Juice , at least with the sign rider of the site web address, I have received dozens of calls or inquires including listings, informed calls directly from the site. Unless I am missing something, and would get that activity anyway if there were no property website,  then It would seem that this is yet another arrow in the quiver of marketing tools. Direct sales from the unique property site. Yes, and I think it is useful to have it all. I certainly have no empirical evidence to the contrary but certainly appreciate your thoughts on the subject.

Jun 02, 2008 06:55 AM