Another One Bites the Dust

Posted by admin on July 21st, 2006

New Mexico rescinds anti-competitive rules

Against heavy objection from the Department of Justice in February, New Mexico passed a rule requiring all brokers in the state to accept and present all offers to their clients. This rule effectively prohibits some forms of limited service companies that do only MLS entry. The New Mexico Real Estate Commission has now voted unanimously to rescind the rule. Such rules - that reduce and/or prohibit consumer choice in the real estate transaction - have been strongly opposed by both the Department of Justice and the Federal Trade Commission. The pressure finally seems to be making a difference in the industry. In just one week both the Austin Association and the New Mexico Commission have changed rules designed to eliminate flat fee MLS and other limited service providers. The DOJ cited the lack of consumer complaints against fee-for-service providers in questioning the validity of the minimum service rules. New Mexico has now created a task force to study the issue since it is a national issue.

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New Mexico Leaning towards Limiting Consumer Choice

Posted by admin on February 25th, 2006

Residents of NM express concerns over minimum service rules

The New Mexico Real Estate Commissions appears poised to impose new regulations that would limit the ability of consumers in that state to choose the real estate services they want. One choice that would go away with the commissions ruling is the ability for consumers to purchase a listing on the MLS for a flat fee. Commissioner Tom Keesing admitted that, "Sometimes we have to make rules for the benefit of the public that limit us to some degree." Commission President David Steinborn said, "I will vote in favor of the wording as it’s proposed."

In opposition to the commissioners is the United States Justice Department along with informed consumers. Bill Jones with the United States DOJ said, "We want to preserve a maximum amount of choice for consumers." "This is for the benefit of the big boys of real estate," said Las Cruces resident Mel Barlow.

"This rule will take away my right as a consumer to hire, to pay with my money, a real estate licensee to do for me what I want done, as I want it done." Las Cruces resident Randy Gomez said he understands the commission’s concerns, but he still wants to have the choice to work without a real estate agent, yet have access to the MLS. "One of the things that would help me is to market it on the MLS," he said. "I understand what the pitfalls are… if I feel that I’d like to sell the property myself and I’d like to have access to the MLS and I understand by way of disclosure of the person who’s going to put it on MLS for me that it is very limited as to what their liabilities are going to be, and I sign off on that and I’m educated about that, I think I should have the right to do that."

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  • Real Estate Commission to Vote on Rules
    The New Mexico Real Estate Commission is set to vote today on proposed changes that would set minimum services that licensed real estate agents would have to provide to clients.

Minimum Service Spotlight shifts to New Mexico

Posted by admin on February 20th, 2006

Limited service brokerages under fire again

Another state real estate commission has succumbed, at least temporarily, to pressure from the Department of Justice and Federal Trade Commission’s warnings against the imposition of minimum service regulations for real estate brokers. The effect of such regulations is to limit consumer choice regarding real estate services.

State officials have scheduled a meeting in Las Cruces, N.M. at the real estate brokerage office of David Steinborn, who also just happens to be the president of the New Mexico Real Estate Commission. Local flat fee brokers claim that the meeting is being held some 230 miles away from the real estate commissions office in order to make it difficult for opponents of the measures to attend the meeting.

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Kentucky Flat Fee MLS

Posted by admin on February 17th, 2006

Minimum service legislation shot down

Hooray for Kentucky! Consumers just narrowly missed being subjected to a new law that would have all but eliminated "a la carte" real estate brokerage services in the state when Senate Bill 43 was amended at the last minute.

As has happened in several states around the country, old guard real estate forces in KY have, through their virtual stranglehold on the real estate regulatory body in that state, pushed for legislation aimed at protecting the traditional real estate commission structure. Luckily for home sellers in Kentucky, the U.S. Department of Justice and Federal Trade Commission have been vigilant in their opposition to proposed laws that would mandate that consumers purchase a bundle of real estate services.

Of course, this battle isn’t over and is being replayed in state after state as real estate commissions face downward pressure from new, low-cost alternative business models.  

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State Mandated Minimum Service Laws limit consumer choice and harm competition in the Real Estate Industry

Posted by admin on January 30th, 2006

Isn’t it about time the feds stepped in?

Rebuffed by state lawmakers in Alabama, Missouri, Oklahoma and Texas the Department of Justice (DOJ) may get some support and muscle for its efforts to oppose state mandated minimum service legislation in the real estate industry. The Antitrust Modernization Committee (AMC) created by Congress in 2004 to study whether or not U.S. federal antitrust laws need updating may provide relief against state agencies that are in support of monopolizing real estate services.

In light of the effective elimination of newer, innovative real estate business models in some states by the passage of minimum service laws, the AMC findings couldn’t come at a better time. What could happen as a result of these findings is a modification of the federal antitrust laws to make professional real estate licensure board members (generally traditional real estate brokers) liable for creating their state regulations policies  based on their own financial interests.

It is to be seen whether or not the commissions findings give the DOJ any real teeth, but it’s obvious to many that the National Association of Realtors (NAR) as well as state real estate regulatory boards, both of whose memberships are dominated by traditional real estate brokers, are attempting to limit competition in real estate by the lobbying for legislation, in the case of NAR’s state and local counterparts, and creation of regulatory policies, in the case of state licensing boards, that requires real estate practitioners to offer bundled services after the traditional real estate brokerage model. Where these efforts have been successful in legally requiring these bundled services consumers can no longer elect to purchase just an MLS listing for a flat fee without purchasing other enumerated services such as contract negotiation and transaction management.

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InSight Realty Overcomes Real Estate Industry Obstacles

Posted by admin on January 19th, 2006

New Business Models Face Tough Challenges

Victor Hugo’s quote, “An invasion of armies can be resisted, but not an idea whose time has come.” aptly describes the current environment in which InSight Realty’s business model finds itself. InSight’s rapid success has met with the full and continuous opposition of traditional industry competitors. In spite of the fact that commission rates in the United States are, by far, the highest of all industrialized countries, traditional real estate companies have shown a marked recalcitrance to change.

Traditional real estate agents and brokers have resisted InSight in several ways. Some of these methods have been overt, such as individual agents choosing not to show their buyer clients properties listed by InSight. Some are subtle. In several markets the leadership of Realtor Associations have gone so far as to modify MLS rules and regulations to discriminate against new business models like InSight’s by preventing MLS entry only listings from appearing on public websites like Realtor.com.

Today, the entrenched leadership of the real estate industry’s trade group, the National Association of Realtors (NAR) is attempting to stifle innovative business models even further. State & local Realtor Associations and State Real Estate Commissions whose memberships are largely comprised of traditional real estate brokers, have, with the advice and support of NAR, proposed legislation to require “enumerated minimum services” for real estate brokers. Depending on the extent and severity of the new laws, these actions could spell the end for innovative business models in real estate and with them "consumer choice".

Several states legislatures have already succumbed to the pressure of Realtor lobbyists by passing laws that force consumers to purchase a bundle of services similar to the traditional real estate companys’ offering. In these states, consumers who want any assistance from a real estate professional, such as a flat-fee listing in the MLS, must also purchase “contract negotiation”, “closing assistance” and/or other services associated with the traditional bundled service offering. The effect of these laws has been to eliminate consumers’ ability to choose the types of real estate services they can purchase. The successes of these efforts significantly impacts InSight’s pricing for “a la carte” real estate services. In these states, InSight has been forced to alter or modify its service offering to adjust to a changing regulatory landscape.

In response to these efforts by the traditional power brokers, both the United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) have characterized NAR’s Internet listing display policy as well State Realtor Associations’ proposals to enforce “enumerated minimum services” through legislation, as harmful to consumers and anti-competitive to new business models. Both the DOJ and FTC have sent a number of warning letters to state legislators and governors opposing legislated “minimum service requirements”. The DOJ is currently preparing for a lawsuit against NAR for its Internet listing display policy. See http://blog.insight-realty.com

Regardless of the opposition from traditional Realtors, Mr. Hugo would agree that the concept that “the consumer can choose the real estate services that he or she wants” and “pay just for those services” is an idea whose time has come. The efforts of traditional forces to maintain the status quo in an attempt to protect their longstanding commission structure are failing. Home buyers and sellers are no longer content to be held captive to Realtors’ control of the vaunted Multiple Listing Service (MLS) and through it, access to property information and marketing exposure. With InSight’s business model, consumers have regained control of their real estate transaction.

The efficiencies and economies now available to consumers through the Internet, have allowed InSight’s model to thrive. InSight’s concept embodies what consumers now want and expect from a real estate company in today’s market – CHOICES. 
InSight’s success has been the result of providing real estate brokerage services on an “as needed” basis for a price commensurate with the value received. InSight’s mission is to continue looking for ways to improve the real estate brokerage industry using innovative and creative approaches to increase consumer choice.

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