Consumers can opt for lesser services if inclined

Tennessee has passed a bill establishing minimum service requirements for all real estate licensees unless such duties "are specifically and individually waived in writing by a client." The bill mandates licensees assist clients in the showing of properties, receiving all offers and forwarding them to the client, answering client questions during negotiations and advising clients as to what is needed for a successful closing. The passing of this bill comes on the heels of the rejection of a similar bill in Kentucky that sought to establish new minimum service requirements. Attempts of legislation and state regulators to establish such "minimum service" requirements have been opposed by federal agencies like the Department of Justice which say such proposals restrict consumer choice and have an anticompetitive effect on the real estate industry. These minimum service requirements are a rash, direct response by the traditional agents and the National Association of Realtors to impede the growth of, and eliminate flat fee MLS brokerages and discount brokerages. Their weak basis for such claims and laws only reflect the hypoocracy and lack of ethical fortitude the National Association of Realtors is working so hard to overcome. For supporters of these measures to hide behind the facade of worry for consumers is a farce - if they are worried about consumers then give them a choice. Preventing competitive models only serves as a way for agents to ensure commission rates will be fixed for years to come. Worried for consumers…give me a break. Agents are scared, and NAR has the clout to fight.

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