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.

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