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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: kahoutek

In a subdivision near me, the realtors got together and somehow passed a covenent that ONLY realtors can post for sale signs. FSBO or personal "garage sale" signs are banned by the covenents. What a scam!


41 posted on 05/09/2005 7:01:36 AM PDT by jaydubya2
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To: montag813

Ditto 5%. And that's a split, between Buyers, and sellers. If the DDA sells it it's 4.


Most of the people complaining, I suspect are those that have seen the value of their home shoot up over the last 7 years.


42 posted on 05/09/2005 7:03:28 AM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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To: kevkrom
Do the selling and buying agents each deserve a legally-mandated 3% for that, or should market pressures be allowed to determine the price through competition?

And you've worked on a commission basis for how long? First, by law commissions (at least in our state) are negotiable. Market pressure from discount brokers has reduced the average commission over the past few years.

The agents portion of the earnings varies by indivual ageement with the employing broker, and probably averages out to a 50/50 split.

One company used to bill itself as the two percent commission company, but if you wanted MLS (cooperative marketing)exposure the rate was over 4%. Now they promote a 3% program with MLS participation, but there's a catch. They offer out 1% to the co-broker. The typical payout in our market is 2.5%, so agents avoid showing their listings unless there are no options, or show them last. Needless to say, a high percentage of their listings expire unsold.

Compare a Realtor at 6% to an attorney on contingency at 33% plus expenses. If either fails to perform there is no paycheck. Should we limit lawyers' charges too?

Bottom line is, most agents earn their pay by doing better for the client than theclient can do for himself.

43 posted on 05/09/2005 7:04:33 AM PDT by JimRed ("Hey, hey, Teddy K., how many girls did you drown today?")
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To: Scooter1994
I have also done FSBO when selling a house or solo when buying a house and it has always been easy, and I am a moron. 6% is outrageous in my opinion

I have both bought and sold FSBO. Here in Rockford, local realtors are taking out ads attempting to dissuade people from FSBOs. If FSBOs didn't work, they would not have to take out the ads, tghe failed FSBOers would crawl on over seeking forgiveness!
44 posted on 05/09/2005 7:04:38 AM PDT by sittnick (There's no salvation in politics.)
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To: Koblenz

Six Percent is not bad when considering that agents have to pay for their own overhead such as advertising.


45 posted on 05/09/2005 7:05:06 AM PDT by The South Texan (The Democrat Party and the leftist (ABCCBSNBCCNN NYLATIMES)media are a criminal enterprise!)
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To: Radigan

On the surrface a higher percentage sounds great, but the actual profit is what they should look at. Would you rather sell a $100,000 house for 4% or a $200,000 house for 2% ? I think flat fees are they wave of the future.


46 posted on 05/09/2005 7:05:49 AM PDT by jaydubya2
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To: montag813

Curious. That's exactly what we did when we sold our home in the Twin Cities. We negotiated a 5 percent deal and the real estate couple were happy to have it. They did both sides of the deal, by the way.


47 posted on 05/09/2005 7:07:22 AM PDT by Eric in the Ozarks
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To: kahoutek
Are realtors allowed to put up signs?

Of course. Good point. I should have mentioned that. Thanks.
48 posted on 05/09/2005 7:07:51 AM PDT by tang-soo (Prophecy of the Seventy Weeks - Read Daniel Chapter 9)
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To: Koblenz
I do mortgages for a living and thus constantly deal with realtors.

A year ago I hade a customer who was $700 short of funds needed to close. His realtor called me and asked me to reduce my fee by the $700 so the customer could close. I asked her if she would be cutting her 6% fee also to help out. She said no. So I said, neither am I. I told her to cut the 6% realtor commission or the transaction doesn't happen. She didn't, but the guy found $700 quickly.

49 posted on 05/09/2005 7:07:58 AM PDT by Phantom Lord (Advantages are taken, not handed out)
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To: JimRed
And you've worked on a commission basis for how long?

I haven't. That's not the point. Nor is the specific commission an agent receives. If a realty agent can get a 33% commission for him or herself, than by all means, go for it. I'm not asking for realator's fees to be limited.

My problem is that the realator's associations are trying to get laws passed to mandate a specific commission, rather than letting the free market decide what those commissions should be.

50 posted on 05/09/2005 7:08:44 AM PDT by kevkrom (If people are free to do as they wish, they are almost certain not to do as Utopian planners wish)
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To: raybbr
Where do you get the idea that being a real estate agent is work

Well, if there is no work and big paychecks, why aren't you a realtor?

51 posted on 05/09/2005 7:09:47 AM PDT by Phantom Lord (Advantages are taken, not handed out)
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To: Koblenz
6% is not too much considering what an experienced Realtor does to sell a home..There is much more to it than just putting a sign in your yard..

In Arizona it is illegal to fix the commission rate. It is negotiable between agency and the seller as it should be.

52 posted on 05/09/2005 7:09:55 AM PDT by hope
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To: Koblenz

Good to learn that congress has balanced the budget, secured our borders and now has time to face the peril of realtors.

A good realtor is worth every penny that they earn.


53 posted on 05/09/2005 7:13:46 AM PDT by lodwick (Integrity has no need of rules. Albert Camus)
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To: jaydubya2

In my subdivision, no signs are allowed period. But in other parts of town you certainly can put up a sign on your own property. Even realtors can only put up a sign on the listed property.


54 posted on 05/09/2005 7:16:25 AM PDT by kahoutek
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To: tang-soo
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.

So, you failed to check what a Realtor would have known about local ordinances, and somehow the Realtors are the bad guys? There are a number of towns in our area which have sign restrictions, and they WILL ticket and fine you. Agent or FSBO will pay alike for violations. Town governments pass these regulations; why would a Realtor's relative have an interest in restraining the trade?

55 posted on 05/09/2005 7:16:39 AM PDT by JimRed ("Hey, hey, Teddy K., how many girls did you drown today?")
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To: kevkrom
My problem is that the realator's associations are trying to get laws passed to mandate a specific commission, rather than letting the free market decide what those commissions should be.

Please cite the case or example in question; I know that the NAR is in favor of the free market system.

56 posted on 05/09/2005 7:19:35 AM PDT by JimRed ("Hey, hey, Teddy K., how many girls did you drown today?")
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To: lodwick
"A good realtor is worth every penny that they earn."<\i>
Unfortuatly, finding a good one is not that easy. No offense to realtors on the forum, but there are a lot of bad apples out there.

57 posted on 05/09/2005 7:21:47 AM PDT by jaydubya2
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To: lodwick

I'm surprised the FBI hasn't been turned loose on realtors. If it took the Bureau 20 years to crack a mob murder in Chicago, there no telling what they could accomplish (while our elections are being stolen. terrorists are walking in from Mexico, etc).


58 posted on 05/09/2005 7:22:41 AM PDT by Eric in the Ozarks
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To: hope
6% is not too much considering what an experienced Realtor does to sell a home..There is much more to it than just putting a sign in your yard..

Sure, you can hang a sign on the telephone pole on the main road outside your neighborhood indicating you've got an open house this weekend. You can put an ad in the local papers...

Honestly, there's not that much to selling a property. I've sold literally dozens in my lifetime. I've never used an agent. It is, however, a good idea to get yourself a real estate attorney. A transaction can usually be completed for under $1,500 in attorney's fees. Unless you've got a property in a lousy neighborhood, I really don't think the average person needs an agent to market their home.

Also, with the internet, I can't see why the average person needs an agent to buy a home. Remember the more people you have taking a cut of the selling price, the higher that price needs to be.

I understand some people want or need Cadillac service, but I don't think the average Joe falls into that category.

59 posted on 05/09/2005 7:22:54 AM PDT by old and tired
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To: JimRed
"I know that the NAR is in favor of the free market system.
That certainly has not been my experiance!
60 posted on 05/09/2005 7:23:37 AM PDT by jaydubya2
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