Real estate column on licensing laws full of errors
Denny Elmes
My Turn
Jun. 28, 2007 02:38 PM
This is in response to Greg Swann's column ("Consumers hurt by licensing laws," June 8) that ran in several of The Republic's community business sections.
I own a medium-size real estate company of about 140 agents in Arizona and have been practicing real estate for more than 37 years. Unfortunately, Swann's column is filled with misrepresentations and unfair generalizations.
First of all, any person who does even a small amount of research will quickly see that licensing laws are not relegated only to a licensee's ability to obtain a license. The laws create responsibilities on agents and brokers, who are held to high standards to protect the interests of their clients.
Swann's claim that "the model legislation for real estate licensing laws in every state was written by the National Association of Realtors." is just one of many glaring errors, outright misrepresentations and/or generalizations. Licensing regulations and laws are written by several governing agencies, not the least of which is our state-appointed real estate commissioner; not the National Association of Realtors.
Swann's claim that "the alignment of government and business in one conspiracy after another against the consumer is a nearly universal outcome" is quickly exposed as a ridiculous statement when you browse through the commissioner's rules at www.azsos.gov/public_services/Title_04/4-28.htm or the Realtor Code of Ethics at www.aaronline.com/ForRealtors/EthicsArbitrationAndMediation.
Swann says, "It is not an exaggeration to say that a broker's license is a license to steal." That's not an exaggeration, that's an outright lie. Brokers are frequently audited by the Arizona Department of Real Estate, and those who mistakenly or intentionally violate federal, state or local laws are subject to a host of disciplinary actions, including loss of license, huge fines and harsh prison sentences.
Swann's closing statement attempts to generalize the industry to scare the reader into thinking that real estate practitioners are "haphazardly trained but licensed by the state to wreck your financial life forever." And this comes from a man who ends his article with, "Gregg Swann specializes in West Valley real estate."
Isn't it time we gave the public a dose of truth, instead of scare tactics and misrepresentations? The truth is most brokers and agents are hard-working, honest, ethical professionals, who have chosen an honorable vocation and work diligently to treat everyone fairly and honestly.
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