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U.S. may sue Realtors on commissions
CNN ^ | May 9, 2005: 6:38 AM EDT | CNN

Posted on 05/09/2005 4:59:07 AM PDT by Koblenz

NEW YORK (Reuters) - U.S. antitrust regulators are preparing to sue the National Association of Realtors (NAR) over policies they believe will illegally restrict commission discounting and harm online competitors, The Wall Street Journal reported Monday.

The effort by the Justice Department and the Federal Trade Commission aims to protect buyers and sellers of homes and could help contain high real-estate costs in a booming housing market, the newspaper said.

(Excerpt) Read more at money.cnn.com ...


TOPICS: Business/Economy
KEYWORDS: brokers; commissions; fairtrade; govwatch; realestate; realtors
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To: Koblenz
Housing is the only transaction where the price can double in 12 years or so even as it deteriorates.
And this can go on indefinitely forever.
And for the defenders (practitioners and their families) it doesn't matter if it takes 12 hours to sell or 12 months.
21 posted on 05/09/2005 6:10:41 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: Maceman
Houses sell before they are officially listed around here (NH). The average price in my town is about $400K. Six percent of that is $24K. All for a couple of hours work. If I wanted to get my RE brokers license I would have to pass a test (easy) then work for essentially nothing for several years for what? To protect the entrenched RE brokers presently working, to discourage entry into the racket and to supply cheap labor to the owners of firms. I also think it is to teach newbies the method to "get over" all of the buyers and sellers without going to jail.
22 posted on 05/09/2005 6:17:30 AM PDT by Final Authority
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To: rhombus
Where do you get the idea that being a real estate agent is work? It's all done on the internet and through networks. And, anyone who relies on their RE agent to close a home and do all the arrangements is nuts. Use a lawyer you can trust.

Anyone could do the job they do today if only the RE industry didn't have exclusive rights to the networks.

23 posted on 05/09/2005 6:25:48 AM PDT by raybbr
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To: raybbr
Anyone could do the job they do today if only...

I'd say the same thing about law.

24 posted on 05/09/2005 6:28:25 AM PDT by rhombus
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Comment #25 Removed by Moderator

To: Maceman
I think it varies from deal to deal. I'm currently selling, and because of incorrect information my realtor told me, we almost got sued. He acknowledged that he made a mistake, and his final words to us were "you know you could get sued over this"!!!!!
I was furious! He made the mistake, we take the blame. What am I paying 6% for? I'll probably never use a realtor again. If I'm going to pay all that money to them, I want them to be liable for the mistakes they make! Not me!!
BTW - I'm right in the middle of this deal so I am very emotional about it! And very pissed off at the realtor.
26 posted on 05/09/2005 6:30:44 AM PDT by jaydubya2
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To: rhombus
I'd say the same thing about law.

You might be right. However, a RE agent is not an officer of the court like a lawyer. If the RE agent screws up the can just shrug their shoulders and say, "You should have gotten a lawyer". Where the lawyer loses their license and livelihood.

27 posted on 05/09/2005 6:31:52 AM PDT by raybbr
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To: raybbr

Good RE lawyer is the key. Contract review, closing, and any advice/recommendations - that's all you need.


28 posted on 05/09/2005 6:37:05 AM PDT by stainlessbanner (If you don't know your history, you can't know where you are going)
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To: raybbr

No way can a real estate agent just walk away from everything as you imply. There is lots of litigation over real estate agents. As for the phrase, "an officer of the court", this really does stroke an attorney's ego doesn't it? Nonetheless, I have rarely encountered lawyers losing their liscence and livlihood (other than Bill Clinton of coruse). Like physicians, don't we rely on lawyers to police themselves? That always works...NOT!


29 posted on 05/09/2005 6:39:30 AM PDT by rhombus
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To: Koblenz

bump for later


30 posted on 05/09/2005 6:40:56 AM PDT by JIM O
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To: Maceman
Six Percent is way too much to earn for home sale transactions.

None of us get a full 6% on a resale.....

I list homes for 0% to 1.5% and receive what the SELLER is offering me to bring them a BUYER..... Would I bring a BUYER to a 2% sale...maybe...maybe not..... This is capitalism at it's best.... We Realtor's are free to set our prices at any level... BTW...new home builders are paying better commissions than any resale SELLER....

31 posted on 05/09/2005 6:45:12 AM PDT by cbkaty (I may not always post...but I am always here......)
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To: raybbr

As already stated: "Get a lawyer" is what my realtor's reaction was to HIS mistake!!!


32 posted on 05/09/2005 6:46:04 AM PDT by jaydubya2
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To: rhombus
There is lots of litigation over real estate agents.

Good. And, you'll notice you need a lawyer to litigate. Kind of proves my point, doesn't it?

As for the phrase, "an officer of the court", this really does stroke an attorney's ego doesn't it?

It has nothing to do with ego. It's a matter of law and obligation. Something a RE agent, who took a six week corresponcence course to get licensec, probably doesn't know nearly as much as a practicing lawyer.

33 posted on 05/09/2005 6:50:39 AM PDT by raybbr
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To: raybbr

Don't know what state you live in, but realtors here in CT can't do much more than represent the buyer/seller as an agent.......a realtor closing a property is strictly a lawyer's purview.

6-7% for homes today is outside the pale as far as I'm concerned....my brokerage offers a straight deal: 4% if we sell it, 5% if another agent brings a buyer, with 2.5% going to that house. All commission percentages are negotiable in CT. The listing agency eats the cost of all advertising, which can get expensive for a run in the NYT and other targeted market areas.

That said, I'd like to know how, as you state, all realty business is done on the internet.......would you buy a property without looking at it personally? It's my time, my car, and (again) in CT, if you screw up and misrepresent a property, you and your brokerage are responsible.......non-disclosure is punishable by stiff fines and suspension and loss of license.


34 posted on 05/09/2005 6:50:59 AM PDT by kahoutek
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To: Maceman

"When we were looking for a house, the agent took us to various properties every week from November to the following May"

Six percent helps incompetant agents survive in the industry and makes the competant ones wealthy.

I don't many wealthy agents who would have spent and afternoon a week showing you houses for 6 months.


35 posted on 05/09/2005 6:54:28 AM PDT by Rebelbase (The Republican Party is the France of politics--Lazamataz)
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To: Koblenz

When I worked in real estate, it was common for agents in the Seattle area to not show homes that had a reduced commission unless the buyer really wanted to see it. Agents will tell prospective sellers that a reduced commission will restrict the number of people seeing the home. Agents won't spend as much on flyers and advertising on a reduced commission. And if doing a weekend open house on a listing which if sold will bring the listing agent 3% or do an open house on a 2%...which one will these narcist people hold open? Right.
The commission percentage should be negotiated by the seller and the agent which is a free market principle in practice.


36 posted on 05/09/2005 6:55:08 AM PDT by Radigan
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To: Koblenz

I'm convinced that local officials help in this regard. I sold my house in Reynoldsburg, Ohio a few years ago. I attempted to first "sell by owner". I spent quite a bit of money on some nice signs - simple ones that were not eyesores. I put them out in my neighborhood and they were "stolen" within a couple hours. I found out later that some anal city official doofus confiscated and destroyed them. Wouldn't be suprised if the wimp's wife was a Real Estate agent. By the way, none of the other Columbus suburban neighborhoods have this stupid rule.


37 posted on 05/09/2005 6:55:08 AM PDT by tang-soo (Prophecy of the Seventy Weeks - Read Daniel Chapter 9)
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To: tang-soo

Are realtors allowed to put up signs?


38 posted on 05/09/2005 6:58:30 AM PDT by kahoutek
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To: Maceman

I blew that last line:"I don't many wealthy agents who would have spent and afternoon a week showing you houses for 6 months."

Should read:

I don't know many wealthy agents who would have spent an afternoon a week showing you houses for 6 months.


39 posted on 05/09/2005 6:59:12 AM PDT by Rebelbase (The Republican Party is the France of politics--Lazamataz)
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To: raybbr

Hahaha, I'm suspicious, you sure sound like a lawyer.


40 posted on 05/09/2005 7:00:22 AM PDT by rhombus
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