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Minimum Service Laws

By
Real Estate Agent with JPEG Network Realty, Inc.

There has been a lot of talk of late concerning the minimum service laws (MSLs) and how anti-competitive it is for some agents or brokerage models. I personally believe that the MSLs are a good thing in that it requires all of us to be on equal footing at least at a very basic level. For those of you who have not heard the latest bru-ha-ha over MSLs, click on the following link:  In case you are not familiar with Angie's List® this is a monthly magazine which provides a service provider rating and referral system to its subscribers. FYI - They don't allow Realtor referrals but if you follow the link below, you'll see that they don't mind weighing in on how our industry should operate!

https://www.angieslist.com/AngiesList/MemberMenu/Publication/Stories/2006/rumble.asp

Why is Minimum Service so scary to so many?

Wait, so let me get this straight. There seems to be a number of people that want to sell their homes without the aid of a Realtor but then again, not. Okay, let me put it another way. These people want the help of a Realtor to sell their homes but do not want to pay for the service or they want the exposure of the MLS but don't want to be bothered by agents offering services they don't need or want.

Then you have a number of agents (Realtors?) that can't provide minimum services without charging full commissions because somehow these minimum services put a huge strain on their business.

I admit that I am not fully versed on the Minimum Service Laws in other states but here in Illinois the only effect that I have seen has been to improve service to the consumer. In almost every state you can still find companies that offer minimum service options and it doesn't look like they are going away any time soon. The agent from Indiana says agents will be required... "to provide "minimum" services, such as answering questions, presenting offers and assisting in the closing process, even if the homeowner doesn't want or need help." He goes on to say that these minimum service laws "have forced him to eliminate his $499 option in favor of a full-service package costing $1,995. "Who will be the biggest losers? "Consumers." he says.

What a load of crap! Why would anyone hire a real estate agent, pay a commission, discount or otherwise, and not want the agent to help with the details of presenting offers, negotiating contracts and helping with other myriad details of the transaction. Heaven forbid he should have to answer questions! If a seller wants to do all the work himself, then he should save the $499, create his own web site and run his own ads. In my company, $499 doesn't even begin to cover the cost for the MLS, 30 plus web sites, direct mail advertising and the dozen or so other things that are included in our ‘discount' program. But yet I still have time to arrange showings and answer questions!

I have dealt with agents, from franchise to independent, discount to full commission that don't answer their phones and aren't available on weekends. Agents that let their sellers make all the appointments and run their own ads, some don't even put a sign in the yard! All of these agents call themselves professionals but just how professional is it to lose a buyer for your client because you weren't available to answer the phone or set up an appointment. These agents are one step above con artists and the main reason why so many people distrust Realtors. Of course they aren't about to tell their client about these lost opportunities. Even if so inclined, how could they, they're not even aware there was an opportunity!

It is inherent in being the agent of another that you represent that person in a transaction. This is the definition of the word "agent." So those who say that MSLs are somehow bad for the consumer are the ones who are harming the consumer. If an agent does not provide even these minimum services, exactly what are they doing for their client? Short of the MLS listing and a few Realtor only web sites, sellers always have had the option of selling their own property without an agent.

 

Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

I'm for total disclosure but not minimum service.  I have a problem when the discounters state that they will do all of these extras and then don't follow through.  But that could be true for any agent.

If the service that discounters give is actually bad or non-existent and hurts the consumer, word will get around and the market will drive them out of business.  I see it happen all the time.  Someone tries to save money and ends up telling 50 people how bad it was.  If it wasn't this way, by now the discount model would be a lot more than 8%.  It's not like they don't advertise enough and people don't want to save money.

Jan 14, 2007 02:26 PM
John & Peggy Gumhold
JPEG Network Realty, Inc. - Glen Ellyn, IL
Maybe I need to clarify my earlier statement. I am not for minimum service as provided by a Realtor. I believe that a minimum 'amount' of service should be required of anyone who calls himself a Realtor and I support rules that require this minimum service. But as Realtors, if all we provide is an MLS listing without representation, then we deserve the reputation that the "minimum service providers" have attained for us!
Jan 14, 2007 02:47 PM
Angus in Naperville IL
RE/MAX of Naperville - Naperville, IL

In our area we used to call it limited service (listing only, the homeowner would negotiate on their own etc..) this involved no representation.. and was made illegal in the State of Illinois. The State found that if a seller wanted to hire a real estate Broker/Agent, the Broker must provide at least the minimum of the fiduciary duties that we are responsible for.

This curtailed much of the list for nothing companies activity because all of a sudden they had risk exposure and actually had to work a little.

Jan 14, 2007 02:52 PM
Daniel Lowery
1st Choice Real Estate - Jefferson City, MO
e-PRO, Broker - Owner
Thanks for posting this, I found it very useful
Jan 14, 2007 03:58 PM
Christy Powers
Keller Williams Coastal Area Partners - Pooler, GA
Pooler, Savannah Real Estate Agent
I agree....What happens when the data that was put in is wrong...who's responsible?
Jan 15, 2007 02:14 AM
John & Peggy Gumhold
JPEG Network Realty, Inc. - Glen Ellyn, IL

It is our belief that sellers who want MLS exposure should be required to use a Realtor and not just one that provides minimum service or "list only" (MLS listing only.) That is how it was before the Internet and before our listings were sold to Internet companies.

If a seller wants to sell "by owner" who is stopping them? Just don't expect to be listed on the MLS! We don't find this to be anti-competitive, this is what we pay hundreds or even thousands of dollars in dues for each year! Just like any other service provider, we would like to be compensated for our expertise and the service that we provide. Minimum Service Laws should not restrict us from charging a lower commission if we want but we as Realtors should be required to provide a minimum level of service to our clients. I believe this is what the minimum service law in Illinois is all about.

Maybe it is different in other states where these laws are being used to prevent certain business models from operating. We believe this is wrong as long as the listing agent is providing necessary services to the client. These laws should never be used to restrict a company from charging a certain commission. To give you an example of what we mean:

ABC Realty is charging 4% total commission for a full service listing (MLS, presenting and negotiating offers, and yes - answering questions). Co-op commission is 2.5% (competitive for the area) with 1.5% going to ABC Realty.

Would anyone have a problem with this?

 

 

Jan 15, 2007 04:37 AM