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A Contract Approach To Legislative Reform

By
Education & Training with Steve Hoffacker LLC

Those of us who sell real estate - of even those who have ever purchased real estate - know that a sales contract of some form (that is often called by various names) is used to spell out the terms and conditions and become a binding, legally enforceable document between the parties.

The recent "Cap and Trade" voting fiasco in the House - the bill is disastrous and needs to be defeated, but I'm only talking about the voting process here - brought to light just how broken the system is.

Take our sales contracts. What happens on every single page? They are initialed by the buyers (and sometimes all parties), signifying that they have been read or that the language has been explained and understood. What happens to line-throughs and changes? They also are initialed and often dated.

So here's the plan. For each piece of legislation proposed, every Member of Congress who intends to vote on the bill or engage in any form of debate on the bill must initial every single page of the bill to attest - under oath - that they have read every word on that page and understand what it means.

What this means is that the bill must be published far enough in advance of debate for every Member to have a copy and read it. It means that not reading it is gone as an excuse or objection. It means that there can be no 11th hour additions of amendments to the bill. Any amendments become part of the same reading and initialing provisions.

This should restore a little responsibilty to the Congress and put the brakes on these rush-to-pass bills. We also can see what they're voting on.

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For more information on my coaching and educational programs and services, visit my website stevehoffacker.com or go to my other blog homesalesinsights.com for additional sales tips, insights, and commentary. © Steve Hoffacker.

Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Steve, As long as the lawmakers don't read the bills they vote for, we will get bills endorsed only by the Speaker of the House and her special interest groups...

Jul 01, 2009 04:36 AM
Ryan Shaughnessy
PREA Signature Realty - www.preasignaturerealty.com - Saint Louis, MO
Broker/Attorney - Your Lafayette Square Real Estate Partner

Steve - Here is my reform measure.  Each bill can only have a single subject matter.  No 1200 page bills with 100 programs crammed in.  Bill #1 - cap and trade.  Bill #2 - energy inspection.  Bill #3 - renewable fuel program.  Bill #4 - nationalized building codes.  With the shorter bills, at least they might know what they are voting on.

Jul 01, 2009 05:17 AM
Mike Saunders
Retired - Athens, GA

Steve - that is one of the most sensible suggestions that I have read. But, because it makes sense, it certainly is doomed. Besides that, no one in congress would want to add that to their paper trail.

Jul 01, 2009 05:33 AM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Paul,

Precisiely. We never elect the Speaker - whoever it is. This levels the field and gets us back involved. :)

Steve

Jul 01, 2009 05:48 AM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Ryan,

I totally agree. The current bill likely has over 1000 provisions. I want 1-2 page bills. If it can't be explained in that length, it is proably a bad bill that needs reworked. :)

Steve

Jul 01, 2009 05:50 AM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Mike,

It's time we hold Congress accountable. Who cares what they want? They work for us. :)

Steve

Jul 01, 2009 05:50 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I like your idea, combined with Ryan's.  A single item for a single issue, AND/or wording that if they vote on ANY measure, they are also attesting they have read and UNDERSTOOD it.  Initials work.

Jul 01, 2009 06:41 AM
Alice Linahan
Voices Empower - Argyle, TX

Just imagine the jobs that could be created if they had to have a person who can explain each issue like a closing officer to make sure they knew what they were signing.

 

Brilliant idea!!

Jul 01, 2009 07:34 AM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Alice,

Hadn't even thought of that aspect. Nice touch. :)

Steve

Jul 01, 2009 07:54 AM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Carla,

Thank you, but I don't think they want anything that would pin them down like this and not give them any wiggle room. :)

Steve

Jul 01, 2009 07:56 AM
Ryan Shaughnessy
PREA Signature Realty - www.preasignaturerealty.com - Saint Louis, MO
Broker/Attorney - Your Lafayette Square Real Estate Partner

Steve - Read the summary.  It is 3 pages long and will give you a headache.

Jul 01, 2009 08:37 AM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Ryan,

No thanks, I really don't have time for a headache right now. :)

Steve

Jul 01, 2009 08:40 AM
Hugh Krone
Weichert Referral Associates - Hamburg, NJ
Realtor, Sussex County NJ

Steve,

The best part of that plan is that it pretty much ensures that nothing will ever get through congress and I believe our govt works best when they aren't allowed to accomplish anything.

Jul 01, 2009 12:17 PM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Hugh,

That wasn't the intent, but it certainly works for me. :)

Steve

Jul 01, 2009 12:40 PM
Patrick Scott
OConnor Title Guaranty, Inc. - Chicago, IL

It makes a lot of sense to me, Steve.  And I also agree with Ryan's addendum.  But look, we can't even get through a blog thread without tacking things on.  Either way, both great ideas and would make for less but better legislation.

Jul 01, 2009 03:43 PM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Patrick,

Threads are meant to be tacked onto. That's a far cry from legislation. Thanks for your ideas. :)

Steve

Jul 01, 2009 04:20 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Steve, the only people who read legislation are the kids right out of law school who write it!

Oh, and the lobbyists who help them!

Jul 01, 2009 11:08 PM
Steve Hoffacker
Steve Hoffacker LLC - West Palm Beach, FL
Certified Aging In Place Specialist-Instructor

Pat,

I know, and the people who are paid to write it are not elected. Congressmen have computers. Let them write their own bills. :)

Steve

Jul 02, 2009 12:38 AM