the Continued Battle over Dual Agency and the Serious Misconception in this Battle...

The Real Estate Attorney Says that Dual Agency is Illegal and Unethical ?

r

What Does this mean to the Real Estate Consumer?

If Dual Agency is Illegal, so What. If the REALTORS stop using Dual Agency So What, this will NOT benefit you directly - it will simply make the naysays feel good that both sides have illusionary representation.

If this happens across the board then your service will be even worse.
No Dual Agency = Bad for YOU.

r

2 Agents Same office giving you Individual "special" representation
Bull - Lies - Illusions NOT Protection for YOU.

The Solutions to the Real Estate Industry Mess - SHOULD Begin with making Realtors accountable for the lies they tell, really accountable – make them pay for what the Consumer Lost. Ther is no way to make the Realtors who fail to disclose and mislead consumers to really pay to make that consumer whole (financially anyway). The E and O Insurance System in place and some even mandatory is NOT intended to protect the real estate Consumer.

Sure there is lots of room for corruption and manipulation in Dual Agency and Yes Laws Need to Be Changed, However, you the Consumer is trying to navigate the Real World RIGHT NOW and not what it could be or may in the future. And in the Real World of Real Estate Today there is a Better Advantage for the Real Estate Consumer if you Work with the Listing Agent – this is the Plain Facts. This is What you NEED to know.

If Real Estate Attorneys and Consumer Protection Groups do away with Dual Agency all together the Real Estate Consumer is in even more trouble then they are now.

They always told me that If I am the Broker Owner then ALL Listings are Mine. So if All listings are mine and I cannot SELL ANY of them then what kind of business am I running, not one to find Properties for Buyers to Buy and Sellers to Sell.

r

But a business of managing people – so you – the Real Estate Consumer never get the best – you only get access to the Rookies that work for the Best Option for You. Because NO Dual Agency Laws ties the hands of the Real Estate Broker Owner so that they cannot list and Sell which is what they need to be doing, that is their job.

So much of Real Estate – the Real – Real Estate that we work in day to day is Illegal in some way – YET it keeps happening. They say Dual Agency is Illegal - they Say Realtors practice without a license - there is anti-trust issues... the Real Estate Game is a Mess and still oh so Lucrative.. Certainly NOT a bad living for ONE week of School to Learn How to Pass a Test..

Don’t Do Away with Dual Agencies – DO away with Realtors – there is NO need to have a Realtor in a Transaction BUT if you do have one let them, MAKE THEM do the job the Consumer Expects them to do. And take it from a Broker Owner, there is NO Way that you will get a better deal with a buyers agent JUST NO WAY.

There are inside tips, showings, the price bottom line, less drama and so much that can go in the buyers favor if they work with the listing agent. Plus the listing agent will know of other properties and well let’s just say a whole lot of inside tips and secrets that benefit the real estate consumer can be utilized ONLY with Dual Agency.

People seem to think that if both Buyer and Seller have their own Agent working for them that they are better protected, Before – During and After the Real Estate Transaction and in the Real World this is in NO Way True… Sorry.

STOP worrying about the Double Commission and worry about what is best for the Consumer. Real Estate is based on Insider Information, Greed, E and O insurance Flaws, No quality control over data and well is just a mess. The Whole system NEEDS to tumble down.

The Real Estate Consumer has No Use for Realtors, Remove them from the Picture – Dual Agency Is Not the Issue to Go After.

If Dual Agency Requires an Agent to be Neutral then YES no one works for either side, so NO More Realtors. Problem Solved. Getting Rid of Dual Agency – the Realtors will find another loophole… Easy Breezy…

It Would Be Great for the Agent, Eliminate Dual Agency and then I List Property and Go to the Beach. I don’t have to work on Selling it. I am Not looking for a buyer – that would lead in Dual Agency - and that would be Illegal. I am looking for a Realtor, to represent a Buyer and to Sell my Listing for Me… talk about asking for Trouble – Drama – Manipulation – Mind Games and Turning over your Check Book. Why HIRE the Realtor to sit on their butts or for them to HIRE another Realtors.... ???

Is it NOT the Windfall that your Agent Gets out
of Dual Agency that you Need to Be Concerned With.

Some Believe that “In principle and practice, Dual Agency, also known as Designated Agency, when practiced by agents in the same firm should be legal and ethical.”. What a Crock this is. If I am the Broker Owner and I Legally Own ALL listings, and my Firm not only owns these Listings but makes money from these listings ON BOTH sides of the transaction then ho wcan 2 different agents in the same firm give a Buyer and Seller Honest Representation. Anyone who has convinced the real estate consumer that this is true is seriously mis-informed.

There is still SERIOUS room for the Broker Owner to be biased or do all the things those who had dual agency complain about and EVEN in a Bigger way.

r

If the folks who say this believe the for one minute that A Broker Owner, Does Not Control – over see or influence their agents then they are mistaken. First of all it is the Law that We Supervise Our Agents So we MAKE the Policy – We make the Agents follow the Policy and We as Broker Owners are Dual Agents Even if

The Broker Owner Has the Listings, they OWN the Firm.. the broker Owner Has the Clients and having 2 agents in the Same Firm that Work for the Same Broker.. is Not a Way to Protect the Real Estate Consumer but Yet another way to even deeper mis-lead the Real Estate Consumer. Ha Ha, you are led to believe that You are Actually Protected if I Delegate 2 Different Agent is My Real Estate Firm that do what I tell them to do,

Single Agent Dual Agency is No way WORSE then 2 Agents from the "same firm" representing YOU.. whoever is telling you this does not know what really can and does go on behind the closed doors of your real estate transaction. I am a Broker Owner and I don't see how 2 of My Agents Can Represent you any better then Me - Myself in a Single Agent Dual Agency Relationship. I Own the Listings, I am responsible for the Agents, I make the Decisions so there Truly is no Real "Designated Agency" or in house representation that is truly beneficial to each side separate.

Some say That it is Best if the Seller has their Own Agent and the Buyer has their Own Agent and that it is Ok if Both of these Agents are in the Same Firm, Owned by the Same Broker Owner and these same folks want YOU to believe that this is In Your Best Interest.

But these same folks tell me, as a Broker Owner that I own and Am Responsible for My Agents - all their Actions - the Listings and the Liabilities - so the Broker Really Calls the Shots Right? No Real UnBiased Dual Agency in that PERIOD...

“Designated agent” or “designated representative” means a licensee who has been assigned by a principal or supervising broker to represent a client when a different client is also represented by such principal or broker in the same transaction."

Folks can yap and yammer in Theory all they want, But in the real world the Broker Owner can influence the deal and inner office friendships - affiliations - gossip - eavesdropping - fax spying - secretary favorits and payoffs do affect the Illusion and the Dream that you can actually have an unbiased agent desiginated to represent you in a way that truly is beneficial to you, the Real Estate Consumer.

Some Folks think that a Good Replacement for Dual Agency is “Unrepresented buyer”. For Those Folks I Say this to the Real Estate Consumer, if you are an “Unrepresented buyer” then why is the Realtor Getting PAID for doing a JOB that they Do NOT really Do. If you are Unrepresented then DO not Use a Realtor. You are NOT protected with Buyer’s Agency, Dual Agency, Statutory Agency, “Unrepresented buyer” Agency or any of those misleading Consumer Protection and Consumer Services that REALTOR wants you to believe that you need.

Buyers WANT to BUYER – Sellers Want to Sell.

Stop USING a Realtor in Your Real Estate Transaction and Cut Out ALL of the Drama and most of the Fraud – misleading activities – failure to disclose – flat out lies – forms that protect Realtors and really on and on.

Will Taking Away Dual Agency DO ANYTHING for Bring Ethics Back into the Real Estate Transaction... tee hee - ha ha - that was a Good One.. NO WAY..

Until YOU know the Truth About the Real Estate
Industry and What it is Like Being a Real Estate Broker Owner
within the limits of REALTOR - NAR then how can you go about
"trying" to create change. CHANGE will Only Come to the Real Estate
Industry with Accountability..

real estate fraud

This Blog and My Members only Blog at

www.SavvyBroker.com

r

This information is WHAT I have seen in the Real Estate Industry that really does hurt the Real Estate Consumer - it is Not up for Debate on whether it is TRUE.. for Me and My Experience as a Broker Owner and What I Experienced when I was a "Realtor" a Member of the National Association of Realtors IT IS TRUE.. It is What I Saw from My Point of View - from My Perspective.

t

Some Will Choose to Stay in the Dark and Let
Realtors Decide What is Best for them and Make Lots of
Money while they Do it -that's Fine -

We ALL Love to Make Easy Money..

Dual Agency - Is it a Bad Thing ... Take a Second Look ...

I know Plenty of Folks Out their Try and Convince you that Dual Agency is a Bad thing, but in the dirty little real world of Real Estate you WILL get a quicker showing, easier showing, more disclosure, better price and a whole lot less drama with dual agency. Also, why in the World would a Seller Hire a Realtor and Expect that Realtor to Do Nothing to Sell, expect that Realtor to sit and wait for a Buyers Agent to Sell their listing.

If I am a Selling and ALL Sellers I have had EXPECTED me to dog it, to activily look for and market their real estate listing every day. In Dual Agency, the Listing Agent is to Wait for the Buyer’s Agent to Sell it. If that is what Real Estate Attorneys WANT then this is not what is best for consumers in the Real World or Real Estate.I am not saying this because I want both side, I am not really even listing property these days. I market property for the For Sale by Owner on Targeted Real Estate Websites.I am telling you this Stuff Because it is True.

And NEVER believe if your Buyer’s Agent is in the Same Office that you are Getting An unbiased second party to represent you. Even if the Buyer’s Agent is in another office, the Listing agent controls the deal and controls the Seller – the Price – the Showings – the Disclosures. Many Will Disagree with me – However as Much as Folks wish this were NOT true and maybe someday it will be different but in my experience these are the way games are played among Realtors… So Take Caution at the Advice that Dual Agency is Bad for you. YOU - the Real Estate Consumer BANKING on the Greed of the Realtors is ONE way you Certainly WILL WIN...

You know what the difference is when you go to directly to a Listing Agent – you know that showings are easier – you don’t have to wait for the questions you have to go through agents and their soap opera – and the Listing Agent WILL get you a better price.. it is Just the Cold Hard Facts and those who say it is a Conflict of Interest are fighting for the wrong parts of what is terribly wrong with the Real Estate Industry.

Subscribe Now and Find Out More about The REAL real estate industry.

www.SavvyBroker.com

Real Estate Consumers Don't Want to Know ?

Someone Told Me that People Want to Be in the Dark and don’t Really Care what happens in their Real Estate Transaction, WHY is This? I mean the More you know – the more you will save money, the Better you will Protect Your Family, and the quicker sale you will get for the higher price.

Don’t Be in the Dark any more on one of the Most Important Financial Decisions you will ever make. Surely people want to know what to do about Realtors who lie to them and how to get more protection and better prices in their real estate transaction.

You NEED to Know More… www.SavvyBroker.com

Surely the Real Estate Consumer
wants to know what to do to Sell without a Realtor
and to Better Protect themselves..

Or maybe the Real Estate Consumer
just simply want to bob along - let Realtors Lie
to them - manipulate them and Get away with
Flath Out Lies and Fraud...

Realtors Lobby in Washington to Protect You - NOT ...

The Directors of your Local MLS and lots of Realtors lobby constantly for what I deem to be against or Not For the Rights of the Real Estate Consumer. They go to Washington DC to march and protest to Keep Realtors in Real Estate.

You, the Real Estate Consumer Do Not Even Know this stuff is happening in time to have a say in what the REALTORS do that affects you - this stuff is not up to you to vote on though it really does affect you. It is about a Billion Dollar Company keeping the Cartel Alive and pretending that Realtors are still necessary when really they are NOT.

The REALTORS have their own Legislative Representative to KEEP fighting in within the halls of Washington DC, to make Sure that Realtors get to keep their jobs. The association of Realtors can afford Big Bucks to pay for the Wages of the people needed to fight to keep REALTORS jobs, consumers cannot afford their own Legislative Representative to Fight for their Rights and elected officials seem clueless that all this is going on or they too are afraid of the Money that the National Association of Realtors (NAR) has.

Pushing Laws Through - Writing Bills - all in the Name of what is Best for the Real Estate Consumer and it is NOT true - ALL of this is what is Best for the National Association of Realtors, NOT YOU, the Real Estate Consumer or Even Really the Realtors on the Ground doing the Grunt Work.

Related Links

Senior Legislative Representative - NAR
In the middle of this maelstrom I find an island of respite in Jamie Gregory, Senior Legislative Representative for the National Association of Realtors (NAR). There's something about his relaxed, yet quietly confident demeanor that lets you know this is someone who not only knows the turf inside and out here, but can navigate it smoothly.

Gregory has been on the Hill for nine years in this capacity and if you're one of the 900,000-plus members of the National Association of Realtors the largest organization of real estate professionals in the country you're already somewhat familiar with its keen awareness of and devotion to national legislation.

Besides being big, the organization is also very active and well-funded.

Full Article Click Below.
http://ny.therealdeal.com/articles/nar-lobby-beats-the-banks


2001 Pittsburgh Business Times
WASHINGTON, D.C. -- Congressional allies of the nation's 800,000 Realtors introduced legislation this month to prohibit banks from engaging in real estate brokerage or management, setting the stage for a major battle between two powerful lobbying groups. "This is going to be trench warfare," says Rep. Bob Riley, R-Ala., one of the...
Go Here for Article
http://www.accessmylibrary.com/coms2/summary_0286-27270319_ITM



When Realtors Lobby Who Wins?
October 26, 2006
The National Association of Realtors and its state and local affiliates are masters of the rile-up-the-troops-and-get-out-the-vote routine. Two years ago I trekked up to Sacramento for the California Association of Realtor’s annual Legislative Day and had my eyes opened to the world of lobbying, politics, and how legislative decisions are made.

2000 Realtors from around the state descended on the capital and met with their local state representatives, “educating” them about upcoming real-estate related legislative issues and “how they should vote.”

Our local NAR affiliate, the Silicon Valley Assocation of Realtors, is equally effective on local issues — with a day’s notice, it can mobilize several dozen, perhaps even a few hundred, local Realtors to show up at a city council meeting to voice their opposition to some new measure.Don’t get me wrong — every trade association in the country lobbies, and the Realtor lobby just happens to be better funded, organized, and influential than most. NAR’s express purpose is, and should be, to protect the interests of its members as it perceives them.
Full Article Here
http://3oceansrealestate.com/blog/when-realtors-lobby-who-wins.html

r
The Following is From this Link..
http://en.wikipedia.org/wiki/Realtor

The National Association of Realtors was founded on May 12, 1908 as the National Association of Real Estate Exchanges, the founding group being located in Chicago, Illinois. In 1916, the National Association of Real Estate Exchanges changed its name to The National Association of Real Estate Boards. The current name was adopted in 1974. NAR celebrates its centennial in 2008. NAR's membership is composed of residential and commercial real estate brokers, real estate salespeople, immovable property managers, appraisers, counselors, and others engaged in all aspects of the real estate (immovable property) industry, where a state license to practice is required. Members belong to one or more of some 1,600 local Realtor boards or associations. They are pledged to a code of ethics and standards of practice,[3] which includes duties to clients and customers, the public, and other Realtors.

Local associations are required to enforce the code of ethics through a Professional Standards Council or Committee. Trained members of the association form hearing panels charged with the responsibility of hearing testimony and evaluating evidence from complaints filed by the public or other members against association members for alleged violations of the code of ethics. If the panel finds the member in violation, disciplines recommended may be one or more of the following: a letter of warning or reprimand, educational courses, suspension or expulsion of membership, fines up to $5,000 and probation. All recommended disciplines by professional standards hearing panels are subject to the ratification by the association's board of directors before the discipline takes effect.[citation needed]
The National Association of Realtors is also a member of The Real Estate Roundtable, a lobbying group in Washington, D.C.[4]

Does Me Saying REALTOR confuse you, ya you reading this? Insulting isn’t it. Well NAR does not want Realtor used in place of Real Estate Agent because YOU may get confused.
REALTOR, NAR claims that REALTOR is a label for a higher standard of Real Estate Agent - this is Bogus - a Flat Out Lie - UnTrue in every way.

Search Terms for you to Learn More
Realtor Lobby, Realtor Lobbyists, Realtors Lobby to Keep Banks Out, Realtor Associations Lobbyist Legislation,

Also I will soon Post some PDFs, but you can search for how much money local association spend a year to Lobby to Keep Realtors in their Jobs, and seemingly against the VERY rights of the Consumers they PRETEND they are lobbying to protect. This is VERY big money they spend on this…
What you Really Need to Know is that this Association is So Big that they Create the Laws you WILL live By. Fair? No Way !!!

The Association of Realtors Seem to Have the Right
lobby for anti-consumer legislation. Why?

r

Your Paying the Bill, Your Family Suffers for It.

Just so the Realtors Can Make Really BIG bucks

from your Lifetime of Hard Earned Equity that
you Earned from a Real Job.

r

Check Out this Article...

"About a dozen other states have also buckled to the National Association of Realtors lobby. They've effectively become partners in what looks suspiciously like a price-fixing scheme, whereby discounters are prevented by law from charging fees below the industry norm of 5% to 6% of the home sales price. The financial victims of this cartel are middle-income home buyers and sellers who are required to pay brokerage fees that can easily be several thousand dollars above a competitive market price.

r

The Realtors argue with a straight face that their political efforts are somehow in the interests of the home-buying public. Maybe we're missing something here, but in almost every other consumer industry -- booksellers, retailers, home appliances, insurance, banking, stock brokers -- the introduction of Internet and discount sellers has been a phenomenal financial benefit to customers. Discount airlines have cut airfares by 60% or more, to the economic benefit of everyone with the exception of the incumbent competitors."

From 2005 Click Below for Full Article

http://www.realestatejournal.com/buysell/agentsandbrokers/20050819-wsj.html

Buyers Rebate - NAR - Department of justice - Real Estate Board or Commission - Lawsuits - AntiTrust

My First Year as a Real Estate Broker Owner I wanted to Give away a Buyers Rebate, to give trips, and basically just to Give Back to My Buyers and Sellers, my Local MLS told me that it was illegal to that so I did not. On and off I tried to discuss my concerns and to ask questiosn and I was shut down. This issues escalted a few years in when Montana Laws got even stricter to Prevent Buyers rebate, I never understood and found it down right criminaly and EXTREMELY Anti-Consumer. However, I did obey the law - though I was against it.

In 2007 I was Told that it was definately illegal but I could do it if I did not advertise that I did it, however, stricter laws would soon come and it would be even MORE against the law. After this we got a memo from this same MAR (state REALTOR attorney) claiming that a buyers rebate was illegal and telling the REALTORS of the new, even stricter laws.

This was the MAR attorney that told me this – as a “Realtor” we get advice from the MAR attorney, as a plain ol, Real Estate Agent that are NOT a member of the NAR, we get No Legal Resources, yet the MAR or the State Association of Realtors attorney is certainly biased to enforce what “NAR” says to enforce even if it is Not in the Best interest of the Real Estate Consumer.

Here is the Law and Docs that came through in April of 2008 when the Department of Justice Won their lawsuit against NAR, or shall I say settled as long as NAR did not have to prove that they were guilty of what they had been accused of.
http://www.montanacashback.com/-Well-looky-there-Montana-buyers-reb.pdf

I have and hope to post soon the Document that the State Association of Realtors Mailed to ALL licensed Realtors – Not ALL Real Estate Agents but ALL Realtors – though we are NOT legally allowed, according to NAR Legal Advice to use the word “Realtor” in place of Real Estate Agent still “Realtors” still get different information, legal advice, forms and resources then do Real Estate Agents – this document shows that MAR – was pushing for stricter laws on STOPPING buyers rebates in Montana, and even saying it could be mortgage fraud and encouraging REALTORS to TELL on each other.

A few months later NAR loses their Lawsuit with the Department of Justice and Surprise Montana Now Graciously Allows us, as Real Estate Broker owners to Control OUR own business and to GIVE our Commission – Our Money – Our Paycheck to EVER we please. Buyers Rebates are in NO way Kickback or under handed they are a Way to YES get more business in the door (however that does not work because the REALTORS are still convincing consumers that those of us who charge less – do less – and offer less protections… LIES lies and more lies.) Buyers Rebates are Simply a way to give part of OUR too high of a commission, back to the consumer to make their life easier. Why do you Suppose that NAR fought so hard to make this illegal. So many things that NAR could fight for to makes things better for the Real Estate Consumer and to make so that their honest “Realtors” could help the consumer better but they spend their time fighting against the consumer and nitpicking everyone on the Internet about using Realtor as a Synonym… blah blah blah. – nothing to do with Excellence in Service and ALL that REALTOR – NAR claims to Be.

And State Laws seem to lean toward what the National Association of Realtors wants and NOT what is in the best interest of the Real Estate Consumer.

If this was not true, then states like Montana would have ALWAYS allowed Buyers Rebates – they would have worked with the Department of Justice on Laws, Policies and Enforcing such instead of seemingly working wit NAR. We tend to think that the Board of Realty Regulations or State Real Estate Commission is about licensing Real Estate Agents and holding them accountable, enforcing laws and creating laws that benefit the real estate consumer. However, it seems that the laws are there with NO way to Police or Really Enforce them and it feels to me, as a Broker Owner that the “Support” is only Really there for me if I am a Realtor, member of NAR. And by support I mean, “standard” real estate forms, legal advice, cooperation, education, and simply feeling like I have someone to turn to with real estate questions so that I, a Real Estate Broker owner can better protect my real estate consumer.

In my Opinion ALL this Proves that State Governing Bodies in Real Estate such as Real Estate Commissions or Boards of Realty Regulations are in favor of whatever NAR tells them to be in favor of and they lien laws and decisions in such a way that NAR will Approve of.


NAR and the Local Association of Realtors spend Millions upon Millions Lobbying to make and changes laws that consumers have no idea are taking place. They are HUGE – Billion Dollar industry and I do not believe that ANY state law or policy decision make has the money – time – backbone to stand up to NAR in a way that really helps the Real Estate Consumer in the Real World of Day to Day Real Estate.

If the Board of Realty Regulation is a Government Entity and so is the Department of Justice then why did NAR lawsuits – settlements seem to affect our State Laws. Buyers Rebates are Now Legal because of NAR Settlements, accusations, and Lawsuits. I thought it was suppose to look like NAR is a whole separate entity then the State Real Estate Board or Commission. To me they are Closely Connected, and I am Surprised that we are still “allowed” to be a Real Estate Broker without being a Realtor. I am truly surprised that the “they” have NOT tried to get that law on the books. Though it might as well be, E and O insurance Makes you be a “Realtor”, member – to use ZipForms from a supposed third party company (entity) You HAVE to Be a Realtor, member. You can not have access to legal advice unless your in the club, you cannot have access to the database that you helped created unless you’re a NAR member… so it might as well be a Law… How far will all this go.

It is my opinion that the Lawsuit Settlements of the Summer of 2008 is a VERY small start, but again, the Realtors, Members on the ground in the Real World of Real Estate have not changed their behavior ONE bit.

There are Still boycotts, magazines and websites are still strong armed into NOT marketing the For Sale by Owner, Realtors still FAIL to disclose, MLS data is still Not monitored for Quality Control, Realtors still claim to “Control who comes in and out of Town”, E and O insurance still Protects the Realtors to Lie – Commit Fraud and is of No Use What-so-Ever to the Real Estate Consumer, REALTOR – NAR still bullies those who wish to market FSBOs – Compete with them for “Search Terms” on the Internet and use Realtor as a Synonym for Real Estate Agent – with seemingly no regard for making things better for consumers but instead trying to protect their “Trademark” when pretty much everyone says REALTOR for real estate agent – NAR is preoccupied with Branding and making Billions and You, THE Real Estate Consumer is the LAST thing on their mind.

How do Protect yourself from All this Madness?

By Getting Real Estate Advice that is NOT commission Based.

www.SavvyBroker.com

Subscribe to My members only
Real Estate Advice and Real Estate Whistleblower
Blog and Find out What Really happens in Real Estate.
Armed with Knowledge you will Certainly save
money, years of stress, and know MORE than
your local Realtor does about selling Real Estate
In Todays Online Internet Real Estate Marketing.