tag:blogger.com,1999:blog-37842825.comments2022-11-10T08:45:06.134-06:00REAL ESTATE, REAL COMPETITION & THE LAWMICHAEL H. ERDMANhttp://www.blogger.com/profile/01496568728819068927noreply@blogger.comBlogger53125tag:blogger.com,1999:blog-37842825.post-91535023366302237392011-11-30T04:26:13.098-06:002011-11-30T04:26:13.098-06:00I have a problem with equating establishing a vali...I have a problem with equating establishing a valid agency with establishing a valid listing. <a href="http://www.livelasramblas.com/" rel="nofollow">doral real estate</a>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-19259983126599102442011-10-11T07:44:17.125-05:002011-10-11T07:44:17.125-05:00it is enjoined from:
Contracting with property own...it is enjoined from:<br />Contracting with property owners to receive compensation in return for referring prospective tenants who rent from property ownersDoral real estatehttp://www.livelasramblas.com/noreply@blogger.comtag:blogger.com,1999:blog-37842825.post-1085645501592556092011-10-07T08:07:55.481-05:002011-10-07T08:07:55.481-05:00The panel also found that "the Commission pro...The panel also found that "the Commission properly rejected Realcomp's proffered justifications [for the Website Policy] as not 'legitimate, plausible, substantial and reasonable.'"<a href="http://www.livelasramblas.com/" rel="nofollow">doral real estate</a>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-13288812989809683922011-04-23T11:03:08.887-05:002011-04-23T11:03:08.887-05:00Brokers in the Hamptons want to be able to compete...Brokers in the Hamptons want to be able to compete, not for the agent's fee, but for the MLS incentive to the buyer that in today's environment, goes automatically to the buyer's agent working with out a valid written agency agreement. <br />If broker use the forms they have in their possession to establish a valid agency relationship, the one that explains how to dispose of the MLS incentive, this problem would not have a chance to occur.<br />They are arguing about a chance to get a piece of the action, not the agent's fee. Remember that Agents claim that the buyer does not have to pay a fee to his agent, the seller's agent does, which is never the case. <br /><br />Realty CzarAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-52541762520770643012011-04-22T10:37:06.187-05:002011-04-22T10:37:06.187-05:00I don't get the First amendment angle. This is...I don't get the First amendment angle. This is what I see.<br /><br />Can you believe that your own mother might be considered a criminal for helping you find a suitable apartment? <br />Ensure that people must pay a licensed real estate broker if they want help finding information about rental opportunities.<br /><br />v.<br /> All of our informational services are offered at no charge to the prospective renters.<br /><br />my comment<br />I agree with the MO authorities when they demand that only specially licensed brokers can collect fees. <br />These licensed brokers can collect fees from either landlords or tenants. <br /><br />The Apartment people say they only take a fee from the landlord side and that makes them except. <br />That is not the point.<br /><br />The argument, as presented on the example above is flawed.<br />Your mother is helping you find an apartment, and yes you can buy her lunch.<br />What you can't do is make your mother your apartment manager, where she writes advertising for the apartments with out having a license. <br />If she crosses the line, the injured parties would have no recourse, if she does not have a license. <br />With a license, the MO authorities can pull her license and stop her from hurting people.<br /><br />Read the paragraph. <br />On the first part you are talking about helping people (tenants) find an apartment. <br />On the second part, the broker that got paid is not helping renters but helping the landlord fill the vacancies. <br /><br />The MO authorities don't want slum lords to use deceptive advertising to attract tenants and their mothers. I think the case is clear and I am willing to bet that the licensing requirements will stand.<br /><br />I am a RE Broker in a College Town in California and I thought about having a little rental list to pass around beer halls. <br />The reason I did not do it is because although I am a Real Estate broker, my license does not cover that. I need a special or additional license to be a broker that publishes a list for landlords. <br />After long consideration I did see their point.<br /><br />Here is how it works in California.<br />Prepaid Rental Listing Service<br />An individual real estate broker or a corporation may obtain, without examination, a two-year license to conduct PRLS activities. <br />A Prepaid Rental Listing Service (PRLS) license is required for the business of supplying prospective tenants with listings of residential real property for tenancy while collecting a fee at the same time or in advance of when the listings are supplied. <br />Negotiation of the rental of property is not a part of this activity.<br />CA DRE website: http://www.dre.ca.gov/lic_prls.html<br /><br />Realty CzarAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-40527106036738840592011-04-20T15:14:11.759-05:002011-04-20T15:14:11.759-05:00Comment on "prohibited information about excl...Comment on "prohibited information about exclusive agency and other nontraditional listings."<br /><br />I have a problem with equating establishing a valid agency with establishing a valid listing. To list, agents must have prior valid established agency relationship agreements. Only then can they list, or in some cases, listing is not even necessary e.g. inter family sales. <br />Written agency relationship agreements, via Realtor Forms or attorney drafted forms is always a requirement.<br />Two separate and sequential transactions.<br /><br />The restraining on the listing is to allow the listing agent to double end the commission by reducing the number of agents allowed to make offers. <br />Restraining the listings affects the interest of the seller by diminishing the marketability of the property for the benefit of the agent (puts the interest of the agent first over the principal).<br />With a proper agency relationship agreement in place, restraining of listings would not be needed and would hurt the agent as well. Having a prior valid agency relationship agreement in place, prior of listing, would have had established the agent's fee prior to listing. and would tied the interest of the principal and of the agent making full exposure of the property, anywhere anyplace, a benefit for both.<br />RolandFor the complete list of blogs click herehttps://www.blogger.com/profile/00263177470436352123noreply@blogger.comtag:blogger.com,1999:blog-37842825.post-31462056763408256022011-01-12T03:17:47.270-06:002011-01-12T03:17:47.270-06:00Thanks for giving us the information on Missouri R...Thanks for giving us the information on Missouri Real Estate.<br /><br />Paula Mphilippine real estatehttp://www.avidaland.com/properties.php?id=1215&Avida_Towers_San_Lazaronoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-57809922094387819632010-12-20T19:12:46.704-06:002010-12-20T19:12:46.704-06:00Thanks for your note. I'll be following up wi...Thanks for your note. I'll be following up with KCPA's counsel at the start of the year, and will write a new post about what I learn. Thanks.<br /><br />MichaelMICHAEL H. ERDMANhttps://www.blogger.com/profile/01496568728819068927noreply@blogger.comtag:blogger.com,1999:blog-37842825.post-60598038930119850852010-12-20T03:44:43.084-06:002010-12-20T03:44:43.084-06:00Any update on this now? I want to know what happen...Any update on this now? I want to know what happened to their appeal.<br />Thanks.Edina MN Realtyhttp://msp.themlsonline.com/resources/realty_edina_minnesota_reality.phpnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-18494638006137068502010-07-08T04:15:04.040-05:002010-07-08T04:15:04.040-05:00Interpreting the First Amendment, courts have also...Interpreting the First Amendment, courts have also held that governments are not generally permitted to pick and choose who is permitted to share a particular type of information.real estatehttp://www.usarealtyservices.comnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-57767010925463716502009-12-04T21:56:20.197-06:002009-12-04T21:56:20.197-06:00My comment is I live in Sacramento, California (no...My comment is I live in Sacramento, California (northern California). I have had 2 of the most difficult home buying experiences, that have both left me with total loss (this time in excess of $100,000 cash). The problem is the organized efforts on the part of those National Association agents T.hey are criminal. They are your average everyday people whom you would never suspect as a organized crimer. We think they are all Italian and their last names are Capone. My most recent experience leaves me with a delapidated, targeted, corroded, Hud owned, bank owned (Wells Fargo) home that had a 10% interest rate and even after Obama's 'BAILOUT' the bank refused to refinance me or modify my loan (they refused to speak with me, period). I'm foreclosing because I cannot afford the repairs on this over appraised, flipped by the bank home. I've been rooked again. <br /><br />Please throw me your helpful suggestions (especially if its litigation!) cynthiarosemartinez@hotmail.com/cynjoce@yahoo.com I need to hear from someone who is 'straight.'Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-83114099726368851312008-07-20T10:16:00.000-05:002008-07-20T10:16:00.000-05:00This is what happens when technology collides with...This is what happens when technology collides with tradition. One wouldn’t suspect it would need the Department of Justice to help clean it all up, huh?<BR/><BR/>I appreciate your blog and thought I would give you my thanks. I operate AFlatFee.com and am always trying to get more information and opinions regarding The DOJ and NAR. So, thank you for sharing your resources.<BR/><BR/>You must be an extremely busy person but when you get a chance, can you post more on the subject. I know that I am not the only one on the internet searching for more news and opinion regarding the USA vs NAR final judgement.<BR/>Professional opinions ARE greatly appreciated.<BR/><BR/>MicheleAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-15244102946826169532008-07-19T15:47:00.000-05:002008-07-19T15:47:00.000-05:00This is a terrible bill. The bill proposer must re...This is a terrible bill. The bill proposer must receive a lot of "donation" from special interest group like Realtor Association.<BR/> <BR/>We should not vote for him next term.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-86966329408050634272008-07-09T08:23:00.001-05:002008-07-09T08:23:00.001-05:00I also find it amazing that there are not more sui...I also find it amazing that there are not more suits of this kind across the nation. Large corporate real estate firms dictate what agents are allowed to charge because their very survival requires it. What is even more amazing is that the co-op buyer commission in the vast majority of the nation is "fixed". In most areas if there will be commission negotiation it is only on the listing side. The buyer's co-op is untouchable if you want the property to be shown by buyer's agents. With discount brokers the sellers forego representation to save money and end-up paying the buyers agent so that the buyers have representation. This is unfortunate since sellers are dealing with their largest asset in what can be a complicated process. If there is going to be a change in business practice that brings forth savings for buyers and sellers it will be when buyers commit to an agency agreement that will allow the buyer's agent commission to be negotiable within the purchase negotiation. And, that will never happen because those that can bring about that change are those that stand to loose.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-12878377037784964782008-07-09T08:23:00.002-05:002008-07-09T08:23:00.002-05:00This comment has been removed by a blog administrator.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-14687372507400073202008-06-25T17:04:00.000-05:002008-06-25T17:04:00.000-05:00I don't believe there is anything that legally and...I don't believe there is anything that legally and/or ethically prohibits a lawyer from giving a cash rebate to his or her client.MICHAEL H. ERDMANhttps://www.blogger.com/profile/01496568728819068927noreply@blogger.comtag:blogger.com,1999:blog-37842825.post-42743140430969731462008-05-24T17:54:00.000-05:002008-05-24T17:54:00.000-05:00Generally speaking, when a seller lists a home, a ...Generally speaking, when a seller lists a home, a portion of the commission is allocated for the buyer's agent; this process creates cooperation amongst agents to maximize the exposure of the home.<BR/><BR/>If the buyer has no agent, then generally the 3% overage that was allocated for the buyer’s agent will be retained by the listing agent (seller’s agent). A savvy buyer can negotiate a rebate from a their buyer’s agent; in turn, this buyer’s agent should be focused on getting a better price & terms on behalf of the buyer.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-58562092323844120102008-05-16T22:36:00.000-05:002008-05-16T22:36:00.000-05:00Tennessee real estate brokers are also not prohibi...Tennessee real estate brokers are also not prohibited from adjusting client's fees or offering them a discounted rate either. <BR/><BR/>We just can't give them cash back.<BR/><BR/>Real estate commissions are, and have always been, fully negotiable between a consumer and a real estate licensee.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-57169281787462589792008-04-30T05:10:00.000-05:002008-04-30T05:10:00.000-05:00This Bill failed so home buyer rebates are legal i...This Bill failed so home buyer rebates are legal in IL,and they should be legal in every state because they promote price competition amongst real estate brokers and reduce the cost of housing for consumers.<BR/><BR/>David Gorman/Broker<BR/>Cashback Realty.com<BR/><A HREF="http://www.cashbackrealty.com/" REL="nofollow">discount real estate</A><BR/><A HREF="http://www.cashbackrealty.com/" REL="nofollow">real estate rebates</A><BR/><A HREF="http://www.cashbackrealestate.com/" REL="nofollow">Cash back Real Estate</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-53489226102886781622008-04-01T22:32:00.000-05:002008-04-01T22:32:00.000-05:00WE WON!!!!!!WE WON!!!!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-64534458111668820712008-03-25T21:59:00.000-05:002008-03-25T21:59:00.000-05:00I was surprised to hear that this is the only case...I was surprised to hear that this is the only case pending revolving around the allegation of price fixing arrangements among realtor's in regard to their commissions. Given the amount of discussion about the prevalence of the 6% realtor's commission, I had expected there would be more litigation pending involving this issue.Unknownhttps://www.blogger.com/profile/02202827151292338114noreply@blogger.comtag:blogger.com,1999:blog-37842825.post-21920481665976844502008-03-14T21:30:00.000-05:002008-03-14T21:30:00.000-05:00In a better world the Lawyers Committee would be s...In a better world the Lawyers Committee would be sanctioned for bringing this appeal.<BR/><BR/>The resources screwed away on this case ought to have been used to advance the cause of civil rights.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-19069630897776915272008-02-23T00:38:00.000-06:002008-02-23T00:38:00.000-06:00I like to call this Bill the Anti-Rebate Anti-Comp...I like to call this Bill the Anti-Rebate Anti-Competition Anti-Consumer Bill - Could there be a worst time to hurt the Home buyers and Sellers from saving some of their own money from a transaction? I think its a terrible Bill!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-74090621024534855122008-01-29T21:48:00.000-06:002008-01-29T21:48:00.000-06:00case dismissed on zero foreclosure defense.case dismissed on zero foreclosure defense.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-37842825.post-26906863419684425752008-01-29T21:47:00.000-06:002008-01-29T21:47:00.000-06:00Case dismissed. Zero foreclosure.Case dismissed. Zero foreclosure.Anonymousnoreply@blogger.com