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A Comment about Joint Ventures

By
Real Estate Agent with Integrity Real Estate

Earlier today, Frank LLosa posted an article named, Ethical Affiliated Businesses?  Frank is visibly and rightfully concerned about the blatant abuses of RESPA by the participants in many joint ventures.  I am morally and philosophically opposed to any development that restricts free trade and competion in real estate markets.  The joint venture certainly fits this mold and poses a real threat to the integrity of the entire industry.  In my blog to the title community, Title-opoly, I wrote: 

For many title agents, the joint venture is analogous to a noose at a lynching. It's a manipulative and controlling invention that will continue to cripple real estate markets until there is no competitiveness left among settle service providers.

For anyone wishing to read the entire post, please see: In the Beginning.

Rather than write a lengthy comment to Frank's post, I decided to share a comment that I made on Radical Title Talk.  See: Is this really what HUD had in mind when it authorized ABA's?

I visit your blog often and decided to weigh in on the ABA. Don't think that you're alone on this issue; your concerns are shared by title company owners throughout the nation. The difference between you and other title agents is that you're well researched and trying to do something constructive. Most others are just waiting and hoping for the best as their "piece of the pie" grows smaller each day.

The concept of bundled services in a real estate transaction was the brain-child of the Reagan Bush administration during the late 1980's. The federal mood and agenda at the time was one that encouraged big business. It was thought that "deep pockets" paired with technology could create a business model that reduced costs and improved services for consumers who were purchasing or refinancing a home. It's baffling that the feds have done nothing to change the anti-competitive and ultimately dangerous business environment that presently exists for the title professional.

We both know that the vast majority of joint ventures currently in existence are structured illegally. Consumers are horribly overcharged and badly represented as the title agent in a directed business arrangement has no incentive to provide a service that is anything other than mediocre. Can you image sending your children to school in the morning while telling them that you expect nothing but less than average accomplishments academically, socially and athletically? The entire concept behind the joint venture is senseless. We are after all talking about someone's home and one would hope that such an important endeavor would attract the best and the brightest.

I have to agree with your assessment that ALTA has made the situation worse by doing nothing. It should come as no surprise, though, as a handful of title insurers effectively control all land title associations. Through the joint venture, title insurers control much of the business that belonged to title agents only a decade ago. Still, it's surprising to me that underwriters turn a "blind eye" to sham joint ventures during agency audits. Let's hope that underwriters are held as culpable as their agents during the criminal investigations and class action suits that most certainly will occur. I've lost much of the confidence that I once had in underwriters in the aftermath of the Washington state investigation. I think it's safe to assume that the illegal marketing activities revealed in Washington pervade the entire nation.

At the end of the day, I believe that it's the "educated" consumer that will determine the fate of the title agent. I use the word "educated" to refer to a consumer who is aware of the negative factors confronting them in a real estate transaction. I happen to believe that a fully aware consumer would chose to close with a title company like yours and not as part of a confusing bundle of services.

FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Thanks for your posting and continuing the discussion. I really want to hear from the Realtors that somehow are skirting the law and justifying it. Is it worth getting busted?

I'll try and get some press on this issue. Also read my blog about Title Insurance and how there isn't enough information for a consumer to know whether to buy it or not. (Virginia specific issue)

 

Blog.FranklyRealty.com Featured in BusinessWeek, CNBC, WSJ etc.

                      

 Also my last name is spelled wrong in your blog. ;-)

Jan 29, 2007 09:23 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

"We both know that the vast majority of joint ventures currently in existence are structured illegally. Consumers are horribly overcharged and badly represented as the title agent in a directed business arrangement has no incentive to provide a service that is anything other than mediocre"

So glad you posted this.  Mediocrity is not the real issue in my opinion.  The real issue is the  15-20% premium on the premium (if that makes sense) paid by the consumer for the privilege of that mediocrity.

Hey, I'm a big tipper, Ed so I don't begrudge the "juice" but they better shine my shoes and wash my car for that premium. 

Jan 29, 2007 11:22 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

Ed:

I don't think it would hurt anyone if this were a public post.

Jan 29, 2007 11:23 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Ed, thanks for posting this.  I am not in favor of anything that restricts competition, which is what this seems to be doing.  Restriction of competition then in turn breeds mediocrity, which in turn breeds over charging for sub par services.

Jan 29, 2007 01:30 PM
Anonymous
Diane Cipa
I just received a call from an agent from a large RE/MAX office outside of Pittsburgh.  She was concerned about RESPA.  She was an owner in an ABA title agency.   They are closing the title agency because they are concerned it wasn't RESPA compliant.  She is being asked by the broker to sign a document affirming that she will cut any ties to any referral arrangements, etc.  How about that??????????
Jan 31, 2007 09:41 AM
#5
Anonymous
Mark Pilatowski
You bring up some excellent points. I believe that educated consumers have the opportunity to change the marketplace by demanding real competition. It is imperative that ethical industry professionals take the time to educate consumers about title insurance. Hopefully as more stories about illegal joint ventures come out more consumers will become educated and demand changes in the industry. Change certainly will not come from ALTA or state land title associations because as you say they are controlled by a few powerful title insurers and they do not want to lose their control over the market. In New Jersey there is a state senate bill (S 2229) proposal that would allow title insurance companies to offer lower prices to consumers. The NJLTA is strongly fighting the passage of this bill that would bring real competition to the title industry and has the potential to completely change the way title insurance business is conducted in the state. It would force title companies to cease creating illegal joint ventures and actually market their product to consumers. The company I work for is in full support of this bill and is pushing for its passage. We want to put more power in the hands of consumers and increase legitimate competition in the industry and this would be a step in the right direction. We have set up a page which offers NJ residents a place to show their support for this bill here http://www.myclosingspace.com/pr-support.aspx.
Feb 13, 2007 06:59 AM
#6
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

Can I get your comment over at Picking a Closing Company & other "Partners"

 Especially the comments posted by one broker that thinks getting an "Admin fee" cut is ok from a partner. yeah just like the "admin fee" for processing home warranties.

May 30, 2007 11:46 AM