There’s always something to howl about.

Category: Realty Reality (page 16 of 16)

NAR & DOJ – Russ & Russell Part 1

Russ Cofano responded:

Hi Russell,

Happy to add some background here. You ask, “But aren’t the “anti-competitive policies” basically who has the right to decide how and where listings will be displayed?”

Kinda.

The initial DOJ complaint against NAR revolved around NAR’s initial Virtual Office Website (VOW) policy that allowed brokers to selectively “opt-out” by not allowing certain brokers to display their listings online. This would have allowed a “traditional” broker the right to effectively hand pick the firms that they don’t want to compete with online by eliminating any chance for them to have inventory to show to prospective buyers. From the DOJ’s perspective, the problem was that the under these same MLS rules, that same broker could not prohibit a particular “bricks and mortar” company from showing listings to a buyer who walked in off the street. The distinction being online vs. offline. NAR then amended the VOW rule and replaced it with the new Internet Listing Display (ILD) policy which changed the selective “opt-out” to a blanket “opt-out”. In other words, the broker could not selectively pick which brokers could display their listings online. Either everyone or nobody. Since the ILD policy applies across the board, NAR felt that it eliminated the anti-competitive concerns of the initial VOW policy.At or about the same time, NAR changed its definition of “MLS Participant”. The new rule defines an MLS Participant as a broker who makes offers of compensation to and accepts such offers from other brokers. Prior to the change, an MLS Participant had only to be capable of making and accepting offers of compensation.

This last issue is, I believe, the REAL issue in this case. NAR wants to define who can have access to and display listing information online as brokers who are actively working with buyers and sellers and sharing commissions via the MLS. DOJ believes this is too restrictive and that any licensed broker should be able to have such access. DOJ believes that such restrictions will stifle innovative brokers from assisting consumers in non-traditional ways.

Let’s face it. Most MLSs are powerful entities when it comes to aggregation of Read more

Russ & Russell?

In response to this post, Russ Cofano (of Rain City Guide fame) wrote:

“For a division of the United States government to allege some sort of Realtor price fixing in an industry that is so overloaded (sic) with competition that it almost defies belief IS breading hate and contempt.”

In the present suit against NAR, the DOJ is not alleging price fixing. They are alleging a violation of federal anti-trust laws because of anti-competitive policies that allegedly make it more difficult for non-traditional brokers to “play”, harm consumer choice and stifle innovation. Russ

Thank you for the correction, Russ. There may also be other false impressions for me on this issue. I would be very interested in having someone who is extremely articulate and well informed (like you, for example!) explain why the DOJ may be right to go after the NAR on this point. I’m all for a level playing field for anyone who wants to play. But aren’t the “anti-competitive policies” basically who has the right to decide how and where listings will be displayed?

If you’re game – either send anything you want to post to me or just put it in the comments section and I’ll get an email notice from BloodhoundBlog. It would be a LOT more fun than the agency smackdown.

I would rather have a mind opened by wonder than one closed by belief.

Gerry Spence

The Harm That David Lereah Does

Any intelligent fool can make things bigger, more complex, and more violent. It takes a touch of genius, and a lot of courage, to move in the opposite direction.Albert Einstein

Mike wrote:

If you don’t have a sense of humor, you probably don’t have any sense at all.dog pissing on snowman

Merry Christmas to you and your family, Mr. Shaw.

And to everyone else here.

You see, salutations can be expressed without including a condescending, gratuitous insult; try it sometime.

__

Fair enough. As you were obviously smart enough to see that the humor line was intended for you (without me saying so) I’m going to attempt to respond to the whole “David Lereah Issue” without (after all, it IS Christmas) making any snide comments towards you (or any of the other people who may share your views). First, I am not “defending” David Lereah. I don’t know him and I have never paid any attention to any specific statement or prediction he has made. I don’t even know how long he has been the chief economist for the NAR. I have no data to suggest that any of his predictions or forecasts are ever accurate and I am not claiming that they are. I will also state that I have read comments from people who have meet him and / or have listened to him speak and from all accounts the reports would indicate that he is a likable person and comes off as well informed and intelligent.

For the purposes of what I want us to look at here, we can think of David Lereah as the equivalent of a stopped clock – at a minimum, he is going to be right twice a day with the correct time. So, if the point is that he is usually wrong – lets just agree, he is almost always wrong. For me, he does not cast a “long shadow”. I don’t think most REALTORS even know who he is, or what he has to say – let alone the general public. I don’t believe that most people who live in the United States give a crap what he or anyone Read more

The Carnival of Real Estate . . .

… is up at Real Estate Investing For Real — but don’t blink or you’ll miss it. Only four posts are cited this week, because Joshua Dworkin elected to impose a judging standard that — in my opinion — has nothing to do with real estate weblogging. Not sour grapes on my part: We went with a Russell Shaw entry this week.

But the simple fact is, as much as we might talk about wanting to appeal to consumers (not so much here, of course), the audience for real estate weblogs consists of real estate professionals: Realtors, lenders, appraisers, investors, vendors and technologists.

All weblogs are written by and for fanatics, and, with few exceptions — one of whom we will introduce to you tomorrow — there are very few fanatical real estate consumers. Swallow hard and get used to it.

Last week, someone at CoRE HQ had the idea of citing all the losing posts. I hated the idea at the time — too much like a “Participation” ribbon at the Special Olympics — but I don’t hate it quite as much this week. I’m grateful for the opportunity to see what I missed.

I’ll tip my hat to Joshua Dworkin for hewing to his own standards — even as I pray that no one copies them…

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Realty Reality: How Jake, Jurij and Tatiana Pawlenko wove their way into our hearts . . .

This is a shaggy dog story…

It begins with Jake, the world’s most playful Yellow Labrador Retriever, and Jake is a thread running all through this tapestry.

And that’s the way to think of it — as a tapestry. The clients we love best — and we love to love our clients — weave themselves into the tapestry of our lives. They are with us for years — for life we hope — and they show up again and again in all sorts of unexpected places. For, while this is a Jake story, it’s also a Ronan Doyle story and a Richard Riccelli story — it’s a story where many of the threads of the tapestry of our lives meet and merge in beautiful, unplanned designs.

But this is most fundamentally the story of the work we did with Jurij Pawlenko — himself a shaggy two-legged dog — and his lovely wife, Tatiana. And the thread of their story runs all through BloodhoundBlog, so much have they meant to us.

Begin at the beginning: Cathleen Collins was previewing houses for Robert and Lisa Pageler, and one that she looked at was 922 West Culver St, a 1936 Ranch-style home in the F.Q. Story Historic District of Downtown Phoenix. This was Jurij and Tatiana’s home at the time, and Jurij and Jake were home when Cathy arrived.

I like dogs. I’m indifferent to cats. Cathy loves any creature with fur. She and Jake hit it off immediately, especially since Jake loves to play so much. His favorite game is fetch, and he will play it forever. Cathy threw her arm out throwing grapefruit for Jake to fetch — thus endearing herself forever to Jurij.

This was the Summer of 2005, and Cathy wrote about this part of the story earlier this year.

In January of 2006, we listed Ronan Doyle’s home at 1102 West Culver St for sale. If you go to our About BloodhoundRealty.com page, you’ll see that our brokerage consists of Greg Swann, Cathleen Collins, Cameron Swann and Odysseus the TV Spokesmodel Bloodhound. That’s true day-to-day, but there are two other key players without whom none of Read more

Realty Reality: Service above and beyond mere real estate with Katie and Bob . . .

I’ve been trading email this week with a client whose house I listed and sold last week. She’s been under the weather, and I’ve been checking up on her via email and text messaging.

Katie was 19 years old, just barely old enough to sign a contract when she asked Greg to help her find a home two summers ago. I wasn’t a Realtor yet, but remembered her from the stories Greg would tell about how impressed he was with the financial finesse for one so young. He helped her find her house, a charming condo in Scottsdale. He helped her write the offer, so that she was able to buy that house with nothing down and even walk away from the closing with a few hundred dollars left over from her earnest deposit. And after she owned her new home, he accompanied her to meet the head of the self-governed HOA at a meeting they called to greet their newest member and to make sure she understood the “rules.” One of those rules, believe it or not, was that she not get pregnant! Greg introduced the HOA to the Fair Housing Act, so they backed off, but I think the whole experience tarnished Katie’s first home ownership experience.

She never came to feel a part of her community. But inside her own horizontal airspace, Katie made a lovely home for herself and her beautiful new kitten, Bob.

Bob was just about two years old this past summer, when Greg heard from Katie, asking for help selling her house. She had waited patiently as she saw the amazing housing market of last summer, then watched the prices flatten out and even go down a little from what houses were getting last summer, before she was able to sell her house without paying taxes on the capital gain. She had one figure in mind that she thought she could sell her house for and be happy with the profit. But Greg and I encouraged her to ask for more, and about a month later she accepted an offer for that higher amount plus $100 :).

Katie Read more

Blogoff Post #88: Rental house smart opportunity if set up as business . . .

This is one of my personal favorites from my Arizona Republic column:

I’m helping a young friend buy his first home. I’ve known him since he was in high school. I admired his decision to defer college for an arduous tour of duty in Iraq. He’s back in school now and he and his mother are buying a three-bedroom home to use as his staging ground for his assault on ASU.

I think this is very smart by itself, but here is the stroke of genius: He is going to rent his two spare bedrooms to other students, using their rent to help amortize the property. The house will be his starter home, but it will also be his first foray into real estate investment.

This is my young friend Andy. Here is the advice I gave him:

1. Form a limited liability corporation to own the property. God forbid something tragic should happen in the home, but, if it does, you want to limit your liability to the home itself, not the rest of your assets.

2. A verbal agreement isn’t worth the paper it’s printed on. In Arizona, a lease of less than 12 months does not have to be in writing, but if you take your verbal lease before a judge, he will treat you to equally verbal laughter. A written lease protects both parties, the landlord and the tenant.

3. The past is prologue. If a prospective tenant cheated his last three landlords, he’ll cheat you, too. Credit and rental history matter, and the most important part of being a happy landlord is mastering tenant selection.

4. Pay your own rent. Since the home will be owned by an LLC, pay the corporation the same rent your tenants are paying. If there is a surplus on costs, you’ll be able to use it for maintenance and improvements – or as capital for future investments.

The bottom line: “Owning a rental home is the smallest of small businesses – but it is a business. Treat it that way and it will enrich you now and for years to come.”

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Zillow gets the address right . . .

You can’t be too careful. So, when I received a call from a man who introduced himself as the appraiser for my client’s condo, which is under contract for an October close, I wanted some proof he was who he said he was. My client is a pretty young woman who lives on her own, so I don’t give out her phone number indiscriminately. I confirmed the inspector’s information with the Arizona Board of Appraisals and my client scheduled an appointment for this past Saturday, when she could be home and grant him access herself.

I just heard from the appraiser. He thought it was strange when he got to the condo that no one was home. But, the door was open. He figured the owner had had to run out unexpectedly, so he let himself in. He hadn’t expected the distinctly masculine decor and level of housekeeping he discovered as he went through the home, and was especially surprised by the absence of women’s clothing but abundance of men’s when he opened the closets, but we’re an enlightened society…

The good news, he reported, was that the home appraised for the sales price.

The bad news was that he had appraised the wrong condo!

So Zillow might not have the accuracy advantage of feet on the ground, but, up in its ivory tower, it gets the address right!

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Realty reality: Calculating the value of effective new-build buyer representation . . .

Greg just posted an email he received from a West Valley broker, Joe Bourland. I want to respond to his last paragraph:

Maybe you should look into your established practices of real estate. There is an immense value in representation. Hopefully, the educated buyer you warn will realize the disservice you promote for clients.

Mr. Bourland,

Specifically, what disservice have you identified? Let’s assume that the base price of the home is $200,000. If the builder is offering me, the buyer’s agent, 6% for bringing my buyer into the community, I could look forward to a $12,000 payday when the sale closes! What is the most effort and money I could possibly do to earn that money? Well, I am in process of such a transaction at this very moment, working with numbers close to these. Let’s see what I’ve done and what I plan to do to earn this money:

At the beginning of this process, I introduced the couple to a few lenders who I thought would be a good match for them. They loved one, and she worked up a couple of Loan Status Reports (a loan document referenced in the Arizona Department of Real Estate’s standard contract language for Residential Resale Real Estate Purchases), depending upon whether we found a free standing house or a condo that the couple wanted to buy. (Ardell did a great job of explaining why this is important yesterday on Rain City Guide.) This filled in an important parameter of what we could look for.

Over the next couple of weeks I researched on MLS, looking for new and resale houses that fit the criteria that the clients gave me. I drove the wife around for about 20 hours total, and during this period I was better able to refine our search, based upon her reaction to what she was seeing. Once we had narrowed our search down to houses that would truly please her, the husband joined us to exercise his veto power. Finally, we found something they could qualify for, which satisfied both of their wants and needs, in a new home development.

The house Read more

Realty Reality: Lou’s lament in 22 unhappy photos . . .

I’ve written a bunch of these stories, and I’ve got a bunch more in me — I did CRS the hard way. Most of them have happy endings. This one does, too, I suppose, but the middle gets pretty morose. I’m telling the story to illustrate how badly things can go wrong in real estate despite the best preparation, despite the best of intentions.

This is a story about Lou, a long-time client whom I admire very deeply but have never met in person. He found us on the internet, and he’s been with us through thick and thin for coming on three years. In that time we have bought five houses, failed to buy many more, and we’ve sold three. There’s one more out there that we’re trying to sell right now.

Lou is a cop, a detective for a police department in a big California city. He makes a good living in his forty-hour week, then double that or more on over-time that never seems to end. Because of this, he has been able to invest in real estate for years, buying, fixing and flipping properties in California. He came to me when the prices in California got too high.

In the midst of the price boom here, we bought five rental properties — one condo and four single-family-homes. Lou was most interested in buying homes with tenants already under lease, but this put us into very competitive bidding situations. We were careful to buy into properties that were either cash-flow positive or at least neutral, so we wrote a whole lot more contracts than we got accepted.

I was working by myself on my end. I don’t know if Lou has ever been to Phoenix, but I’ve never caught a glimpse of the man. He would review listings I had sent by email and ask me to follow-up on those that seemed promising. I would do drive-bys, taking photos and looking for red flags. Then we would run the numbers on the property, and, if it made sense, write the contract. I have worked with a lot of game investors, but none Read more

Realty reality: My friend Andy is a student, a landlord — and an American hero . . .

I’ve known Andy since he was a teenager, and Cathy has known his mother, Sally, since before Andy was a gleam in anyone’s eye. I’ve always liked him, and it’s not always easy for me to like teenage boys. But Andy has been an earnest young man for as long as I’ve known him — a firm and fixed shape to his face and firm and fixed ideas in his mind. At fourteen he had a quiet intellectual confidence that would have been a credit to a man of thirty.

When he was a senior in high school, he read something I had written and convinced his English teacher to invite me in to speak to the class. I gave them ninety minutes on notational systems. That might sound dull, but in fact it is the naked essence of human social interaction. We started with learning to multiply in Ancient Rome, took a grand Mediterranean cruise of cognate terms, touched upon Shakespeare and Plautus, and brought it all back home to real life in modern America. I lecture on real estate all the time, but I think that day was the most fun I’ve ever had talking to a class.

“This is the life of the mind in action, as it is actually lived. It’s not some desiccated notion trapped in a dusty book, it is an eager pursuit of new knowledge by reference to what is already known. The more you know, the more you are able to discover.” I don’t claim to have made a lasting impact on those kids, but for ninety minutes, at least, they understood that there are reasons for learning apart from passing a test or getting a job or staying out of trouble with your parents.

When Andy graduated from high school, he elected to join the Army. Sally had money set aside for his college education, but Andy reasoned that if he served in the military, Uncle Sam could pay for college and he could then use the money Sally had saved as investment capital. It was peacetime when he enlisted, so the ratio of reward Read more

Realty reality: When life hands you a lemon — remodel . . .

Sonia came to us from our web site in mid-April, 2005. Young, unmarried, working very diligently at a job that should have paid better than it did. She was pre-qualified at $115,000, which was a very hard number to hit at that time and would be virtually impossible by now. We were just getting to the real fever of the housing boom, with houses at that end of the price range evaporating in hours. What she wanted was something fairly close to her job in North Central Phoenix. Multi-family was okay, but, obviously, safety was a concern.

This is my kind of problem. We love those $700,000 buyers, where the commission check is the size of a brand-new mid-size sedan. But that’s show-horse job, and it’s the work-horse tasks that put a Realtor to the test. One of the things that I think earns loyalty and respect from my clients is that I deliver the goods. If we’re having trouble finding what we want, I will work the MLS like a Rubik’s Cube until I squeeze the right houses out of it.

This is what we did, me and Sonia and Cathy. I would pump out new results, Sonia would drive by the properties on her way to or from work, then Cathy or I would go with her to look at the least objectionable ones. Nothing was easy. North Central Phoenix is the land of the vanishing middle class, and the neighborhoods that aren’t crawling with millionaires are crawling with things you need a special license to talk about.

Eventually we got very lucky, though. A home turned up in the Phoenix Townhouses, a very nice town-home community in the center of town. The home was underpriced, but we saw why when we got there: One owner in twenty years, zero remodels. Everyone wants a bargain, but no one wants what a bargain implies: Less-than-perfect condition. But Sonia had seen a lot of dumps by then, so she could see the value beneath the ugly, old and very dirty decor.

We fast-talked our way into the house by paying a $500 premium — at Read more

Realty reality: If you want people to remember you, scream at them . . .

I had email earlier this year, a warm lead off our web site. “Can you tell me more about this house?” What I had was an MLS number, but what I saw in the MLS was Westwood High School with a pool. So I sent back what I had on the house I was asked about, but I also sent everything active near Westwood High School with a pool. I followed up with our standard buyer’s email, amending it to ask what else I should be searching for.

This, by the way, is the extent of my initial effort with warm leads coming in from the web site. If you want to dance, we’ll dance. If you want to be left alone — I can do that perfectly.

An email comes back, and it’s good and bad. Clearly motivated and a definite timeline, but they were pre-qualified right at the bleeding edge of no inventory of any kind. That’s okay. I like that kind of problem. Westwood High wasn’t essential; they just like the area. A pool wasn’t absolutely necessary, provided the lot was big enough to support one eventually. Still not easy, but easier.

But very, very motivated. I would shoot out listings and they would be out driving by the homes before I could phone to follow up. They had kissed about a dozen frogs before they found one they wanted to go into.

I met them at that house — that motivated — and we took a look. Not right, but everything they said helped me refine their search.

Outside we hit a stumbling block: “We had another Realtor we were working with, but you just keep sending us more and more houses, so we’re switching to you.”

Oops! I treat the people coming in from the internet as being unrepresented. Many are so far from being ready to jump that they might not actually be in the market at all.

Anyway, I said, “Have you signed anything?” This is a bright line distinction. If I have to ask about specific documents, I will.

“Nope, nothing.”

“Well, I wish you had told me sooner, but I should Read more