Comments on: realtors and legislators are selling you out http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/ breathless punditry and one-breath poetry with David Giacalone Fri, 11 Sep 2009 18:58:52 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: Flat Fee MLS Marketing http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-15901 Flat Fee MLS Marketing Sun, 04 Feb 2007 01:51:49 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-15901 If you or anyone else is interested in locating some of the real estate broker's who are offering the flat fee services that are triggering these minimum service laws, check out my <a href="http://www.flatfeemlsmarketing.com" rel="nofollow">Flat Fee MLS</a> blog. If you or anyone else is interested in locating some of the real estate broker’s who are offering the flat fee services that are triggering these minimum service laws, check out my Flat Fee MLS blog.

]]> By: shlep: the Self-Help Law ExPress » Blog Archive » realtors fight unbundling (and pols help them) http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-11264 shlep: the Self-Help Law ExPress » Blog Archive » realtors fight unbundling (and pols help them) Thu, 12 Oct 2006 04:26:46 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-11264 [...] david giacalone - October 12, 2006 @ 12:22 am · Viewpoint, News Items The management at shlep was too busy preparing for liftoff, on Sept. 3, 2006, to pay sufficient attention to the New York Times article ”The Last Stand of the 6-Percenters?.”   Nonetheless, we want to bring it to your attention, now, because it highlights the battle being waged by real estate brokers and agents (realtors) to deprive home sellers and buyers of the benefits of unbundling, price discounting, and the information-access potential of the internet.   Although most sellers and buyers still hire real estate agents, neither are required to do so, and there are self-help materials available to guide the do-it-yourselfer through this process, or make it possible to do some of the tasks traditionally performed by brokers.  Of course, you have to be able to find an agent willing to unbundle his or her services and take on discrete tasks at a lower price.  [See the Nolo.com articles Do You Need a Real Estate Agent to Sell Your House? and Should I Hire a Real Estate Agent or Lawyer When Buying a House?]  That’s nice, you might say, but why is a website focused on self-help law focusing on this topic?  The answer is that realtors have been trying (successfully in several states already) to get laws passed that would make significant unbundling unlawful.  Here’s how I explained the situation last year at f/k/a, in the posting “Realtors and Legislators Are Selling You Out“: Realtors like receiving that large, uniform commission — usually 6 or 7 percent of the purchase price — every time they sell a home.  Therefore, they dislike discount brokers, and particularly those who unbundle services and let home sellers pay a flat fee for each service or an option package. Of course, if the realtors conspired together to exclude, punish or otherwise disadvantage cut-rate or fee-for-service brokers, they would violate the antitrust laws.  However, realtor associations have found a sword against discount brokers and a shield against the antitrust laws:  They’ve been successfully lobbying state legislators, who have dutifully enacted so-called “minimum service laws” (in the name of consumer protection, of course), which require brokers to provide a broad set of services, regardless of whether the consumer wants or needs them.  Because trade associations can lobby without violating the antitrust laws (under the Noerr-Pennington doctrine), and they receive “Parker“ or State Action immunity from the antitrust laws for conduct that is required under a state law, consumers in many states have no antitrust protection against minimum-service laws, and now face fewer choices and higher fees when they sell or buy a home. [...] [...] david giacalone – October 12, 2006 @ 12:22 am · Viewpoint, News Items The management at shlep was too busy preparing for liftoff, on Sept. 3, 2006, to pay sufficient attention to the New York Times article ”The Last Stand of the 6-Percenters?.”   Nonetheless, we want to bring it to your attention, now, because it highlights the battle being waged by real estate brokers and agents (realtors) to deprive home sellers and buyers of the benefits of unbundling, price discounting, and the information-access potential of the internet.   Although most sellers and buyers still hire real estate agents, neither are required to do so, and there are self-help materials available to guide the do-it-yourselfer through this process, or make it possible to do some of the tasks traditionally performed by brokers.  Of course, you have to be able to find an agent willing to unbundle his or her services and take on discrete tasks at a lower price.  [See the Nolo.com articles Do You Need a Real Estate Agent to Sell Your House? and Should I Hire a Real Estate Agent or Lawyer When Buying a House?]  That’s nice, you might say, but why is a website focused on self-help law focusing on this topic?  The answer is that realtors have been trying (successfully in several states already) to get laws passed that would make significant unbundling unlawful.  Here’s how I explained the situation last year at f/k/a, in the posting “Realtors and Legislators Are Selling You Out“: Realtors like receiving that large, uniform commission — usually 6 or 7 percent of the purchase price — every time they sell a home.  Therefore, they dislike discount brokers, and particularly those who unbundle services and let home sellers pay a flat fee for each service or an option package. Of course, if the realtors conspired together to exclude, punish or otherwise disadvantage cut-rate or fee-for-service brokers, they would violate the antitrust laws.  However, realtor associations have found a sword against discount brokers and a shield against the antitrust laws:  They’ve been successfully lobbying state legislators, who have dutifully enacted so-called “minimum service laws” (in the name of consumer protection, of course), which require brokers to provide a broad set of services, regardless of whether the consumer wants or needs them.  Because trade associations can lobby without violating the antitrust laws (under the Noerr-Pennington doctrine), and they receive “Parker“ or State Action immunity from the antitrust laws for conduct that is required under a state law, consumers in many states have no antitrust protection against minimum-service laws, and now face fewer choices and higher fees when they sell or buy a home. [...]

]]> By: David Giacalone http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-4562 David Giacalone Fri, 04 Nov 2005 13:05:27 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-4562 <a></a> Dear RA,  I'm sorry, but I have no information about the Houston market.  I would think a few minutes with the Houston Yellow Pages -- in print or online -- would help you locate brokers who deal in apartments (if you mean condominiums or cooperative units to purchase, look for those terms).  Good luck.

Dear RA,  I’m sorry, but I have no information about the Houston market.  I would think a few minutes with the Houston Yellow Pages — in print or online — would help you locate brokers who deal in apartments (if you mean condominiums or cooperative units to purchase, look for those terms).  Good luck.

]]> By: David Giacalone http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-6482 David Giacalone Fri, 04 Nov 2005 13:05:27 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-6482 <a></a> Dear RA,  I'm sorry, but I have no information about the Houston market.  I would think a few minutes with the Houston Yellow Pages -- in print or online -- would help you locate brokers who deal in apartments (if you mean condominiums or cooperative units to purchase, look for those terms).  Good luck.

Dear RA,  I’m sorry, but I have no information about the Houston market.  I would think a few minutes with the Houston Yellow Pages — in print or online — would help you locate brokers who deal in apartments (if you mean condominiums or cooperative units to purchase, look for those terms).  Good luck.

]]> By: Houston Apartments http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-4560 Houston Apartments Thu, 03 Nov 2005 22:58:33 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-4560 <a></a> I would like to know if there are any realtors dealing with houston apartment complexes? I was researching to purchase an apartment.

I would like to know if there are any realtors dealing with houston apartment complexes? I was researching to purchase an apartment.

]]> By: Houston Apartments http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-6480 Houston Apartments Thu, 03 Nov 2005 22:58:33 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-6480 <a></a> I would like to know if there are any realtors dealing with houston apartment complexes? I was researching to purchase an apartment.

I would like to know if there are any realtors dealing with houston apartment complexes? I was researching to purchase an apartment.

]]> By: Anita Campbell http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-4544 Anita Campbell Mon, 24 Oct 2005 04:06:15 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-4544 <a></a> Good post.

Good post.

]]> By: Anita Campbell http://blogs.law.harvard.edu/ethicalesq/2005/10/21/realtors-and-legislators-are-selling-you-out/comment-page-1/#comment-6464 Anita Campbell Mon, 24 Oct 2005 04:06:15 +0000 http://blogs.law.harvard.edu/formerlyknownas/2005/10/21/realtors-and-legislators-are-#comment-6464 <a></a> Good post.

Good post.

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