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Real Estate Rebate Ban Advances
commercialappeal.com ^ | 5-15-07 | Richard Locker

Posted on 05/29/2007 8:49:17 AM PDT by khnyny

Real estate rebate ban advances Bill would block repeal sought by Justice Dept.

By Richard Locker Contact May 15, 2007

NASHVILLE -- The Tennessee legislature approved a bill Monday banning brokers from giving rebates, gifts or prizes in a real estate transaction despite a strong, rare warning from federal antitrust lawyers that it is anticompetitive and will "cause serious harm to home buyers and sellers."

The bill is sought by the Tennessee Association of Realtors. If signed into law by Gov. Phil Bredesen, it will block the U.S. Department of Justice Antitrust Division's efforts to force the state's Real Estate Commission to remove a similar prohibition from its rules for real estate brokers.

Justice Department lawyers threatened to sue the commission last year if it didn't repeal the rule prohibiting brokers from offering any non-licensed person -- including buyers and sellers -- any rebate on their commissions. The Justice Department filed a similar lawsuit against Kentucky that resulted in a settlement repealing its rebate ban.

The Tennessee commission is in the midst of the lengthy process of repealing its rule, but the bill would effectively block the repeal because, officials said, the Justice Department cannot sue a state legislature.

But it can warn the legislature of the consequences for consumers -- which it did in a rare letter to House Speaker Jimmy Naifeh on Monday.

(Excerpt) Read more at commercialappeal.com ...


TOPICS: Crime/Corruption; Extended News; US: District of Columbia; US: Tennessee
KEYWORDS: corruption; nar; realestate; tennessee
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Apparently it WAS a Democrat who sponsored this Bill (from the article): "Rep. Mark Maddox, D-Dresden, who sponsored the bill for the Realtors" Sponsored the Bill for Realtors, well, there you have it. This Bill is not in the best interests of the consumers, but was "sponsored for the Realtors".

Also from the article:

"Unfortunately rebates, in too many cases, take the form of cash incentives that could be used to lure consumers into risky real estate transactions. And in some cases, you could see a rebate used as part of a down payment, which could amount to mortgage fraud," said J.A. Bucy, director of governmental relations for the Tennessee Association of Realtors."

This guy Bucy appears to be lying, lol. What a piece of work.

1 posted on 05/29/2007 8:49:18 AM PDT by khnyny
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To: khnyny
Anything the scam artists known as Real Estate agents want is probably bad for you and me.

The only way I'd buy is through a discounter or rebater like Zip Realty. The thought of giving a huge commission on an overpriced house to a dim bulb agent is unacceptable to me. Especially when I've done all the leg work, and they've continuously lied to me.

2 posted on 05/29/2007 8:56:00 AM PDT by Yossarian (Everyday, somewhere on the globe, somebody is pushing the frontier of stupidity...)
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To: khnyny

Damn, a Democrat acting like a Republican and favoring a business interest over the consumer. Who would have thought it possible?


3 posted on 05/29/2007 9:00:27 AM PDT by em2vn
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To: khnyny

Several years ago, our builder had a 3% rebate offer where all we had to do was use a preferred lender. Half of that covered closing, while the balance bought down the interest rate (fixed). Since then, we have had more trouble from a married pair of real estate agents that live in the neighborhood than we ever have with the lender or builder.


4 posted on 05/29/2007 9:03:21 AM PDT by Niteranger68 (Nosotros no hablamos espaƱol.)
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To: Yossarian
Yes, a discount broker is the only way to get something for your money in a real estate transaction nowadays. 60 Minutes just did a story on Redfin and I know people who’ve actually bought a home with Cashback Realty and saved a lot of money.

It looks like the powerful NAR (National Association of Realtors) and the Tennessee Association of Realtors has bought the TN legislature. Not good. The TN legislature has, essentially, just flipped the Federal Government it’s middle finger.

5 posted on 05/29/2007 9:04:42 AM PDT by khnyny
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To: em2vn
The problem is, what they’re doing in TN doesn’t “help business”, but is restricting trade, price fixing and is an Antitrust violation (Sherman Act.)

Republicans, (at least theoretically) try to limit restrictions on business and encourage competition on the open market.

6 posted on 05/29/2007 9:13:00 AM PDT by khnyny
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To: khnyny
No big deal. The feds will sue the realtors under antitrust and RICO. But the real fun will begin when legislators are charged with accepting bribes. At least Tennessee is not hyper-inflated like California real estate. But in the golden state, nearly one in fifty is licensed as a realtor.
7 posted on 05/29/2007 9:14:56 AM PDT by ex-Texan (Matthew 7: 1 - 6)
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To: ex-Texan

You’re right. This should get interesting. Something tells me the Governor of TN, Phil Bredesen (D) is trying to shield himself from the fallout. Bredesen doesn’t have to sign this little piece of legislation for it to become law, all he has to do is, well, nothing.

It’s interesting too that Bredesen has appointed a Real Estate Co. executive to the Governor’s eHealth Advisory Council. She seems a rather odd choice. Supposedly this woman is going to represent the “consumer”, too funny.

Elisa D. Parker, Franklin, TN
Pilkenton Real Estate Co., Affiliated Real Estate Broker

http://www.tennesseeanytime.org/ehealth/members/parker.html


8 posted on 05/29/2007 9:47:17 AM PDT by khnyny
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To: Yossarian
While I appreciate your post, you get what you pay for. In some locales the discount broker may work. However, 1/3rd of the commission goes to the broker, 1/3 to taxes leaving 1/3 to the RE agent. With that in mind the discount broker has less incentive to sell your house since he is making less, or has to concentrate on more houses leaving less time to concentrate on selling yours. An agent who works for 4-6% earns his commission if he brings you a buyer (a lot goes on behind the scenes which he or she should tell you about - the good ones do). You don’t do all the leg work.

Not all of us are sharks, or what have you. Some of us love what we do and help our customers by giving them the best service around. Like my grandmother always said “if you do something good for someone, they will tell their friends. If you do something bad for someone they will tell their friends”

Just something to think about before blasting an entire industry.

9 posted on 05/29/2007 10:04:25 AM PDT by craigieb
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To: craigieb

No real estate sales droid is worth 6%. A flat fee of $2k to $3k is what is fair for any property.


10 posted on 05/29/2007 10:07:22 AM PDT by Hydroshock (Duncan Hunter For President, checkout gohunter08.com.)
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To: craigieb

Hi newbie and welcome, I see you just opened your FR account today!

The buyer’s side broker is where the rebate historically occurs. Flat fee listings, etc. on the selling side seem to be on the rise too.


11 posted on 05/29/2007 10:16:35 AM PDT by khnyny
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To: em2vn
Damn, a Democrat acting like a Republican and favoring a business interest over the consumer.

This is not a business vs. consumer issue so much as it is simply protecting the commission of real estate agents. This is really an anti-freedom bill in that it bans two people from freely entering into an agreement that should be legal. If a buyer pays a $5000 commission, what is wrong with rebating $1000 to the buyer? Realtors are trying to spin this into some kind of illegal immoral practice, when it is not. The only problem I see is if it is used to fraudulently get a loan.

12 posted on 05/29/2007 10:26:13 AM PDT by Always Right
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To: Hydroshock
No real estate sales droid is worth 6%. A flat fee of $2k to $3k is what is fair for any property.

You can't say that. In larger markets you could drop $2K on one ad in the newspaper. In many cases the 6% fee is high, but if an agent does a real marketing job he can earn his commission. Most just simply enter it in the MLS and have an open house or two. That is not worth 6%.

13 posted on 05/29/2007 10:31:52 AM PDT by Always Right
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To: craigieb
Not all of us are sharks, or what have you.

So you joined today for the express purpose of defending realtors?

14 posted on 05/29/2007 10:34:06 AM PDT by Centurion2000 (Killing all of your enemies without mercy is the only sure way of sleeping soundly at night.)
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To: Always Right

I was once a realtor, no way is 6% fair. Flat fee is.


15 posted on 05/29/2007 10:45:42 AM PDT by Hydroshock (Duncan Hunter For President, checkout gohunter08.com.)
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To: craigieb

I’ll stop blasting real estate once it starts to move to more sane sales terms. For example, rather than a percentage commision they could go to a cost + fixed profit system.

What has happened is that since agents stand to make money when a sale takes place, or stand to make no money if no sale takes place, they have incentive to make overpriced and/or otherwise unwise sales happen. I want someone looking out for my interests and my interests only on such a massive life-changing transaction. For that I’ll gladly pay them money, no matter if a sale happens or not.

And to be honest, most of the real estate agents I run into out here are sharp as a ball bearing, yet drive around in $45K + vehicles. That tells me something’s out of whack.


16 posted on 05/29/2007 10:46:58 AM PDT by Yossarian (Everyday, somewhere on the globe, somebody is pushing the frontier of stupidity...)
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To: Hydroshock; craigieb
(No real estate sales droid is worth 6%. A flat fee of $2k to $3k is what is fair for any property.)

Try selling it yourself is the other option.

Most people gladly pay 6% which is split between buyers office and seller’s office plus the agent uses his or her own contacts, referrals, relocation,networking ..etc which you will never have. They do advance their splits after a million sold in some cases. There is ongoing education in real estate law as well, ethics committees are set up as well.

Most who enter into deals on their own are the ones who come up crying foul--had I only known!! There are excellent Realtors out there and you just has to be open about the “truth” in regard to your property. CMA’s will show you a fair price per market.

Now the price of gas is upon them..the commission still stays the same. They work on commission only.

As I stated prior..sell it yourself.. Let anyone into your home unqualified as a pseudo-potential buyer. You take the risk! The emotion factor comes into play which is bad for a rational business dealing.

Sure there are scams out there but then the seller is looking to be greedy and greed supports more greed--the old adage lay down with dogs and you might get fleas

17 posted on 05/29/2007 10:51:55 AM PDT by fight_truth_decay
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To: Centurion2000

No I have always read the postings. This one just struck me as a post I wished to reply to. Being a realtor, yes I am defending myself and my industry.

America is great!! We all can express our opinon.


18 posted on 05/29/2007 10:53:15 AM PDT by craigieb
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To: Yossarian

I appreciate your passion. As a real estate agent I do represent my sellers and their interests only. While I only charge 4% I do EARN my commission. I do more than post in MLS, I actively market my houses, since I feel I must earn my commission. I do not get paid unless there is a meeting of the minds. You must get what it is you’re looking for (based on the market) and I do my best to do that. Once there is a meeting of the minds between you and the buyer I inform you and let you make the decision to sign the binder and accept the offer. At that point I have earned my commission. Other than that I get nothing.

But I do understand and appreciate your frustration as many Americans have with our industry. We all are not like that.


19 posted on 05/29/2007 10:57:20 AM PDT by craigieb
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To: fight_truth_decay

Why, there are several flat fee brokers in my area. I have a friend who sold his house last November using one. It took 9 weeks from listing to closing, and he asked $149900 and got $147500.


20 posted on 05/29/2007 10:59:27 AM PDT by Hydroshock (Duncan Hunter For President, checkout gohunter08.com.)
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