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by w4 3915 days ago
This is all a great idea - but state laws wouldn't permit it (I work in the industry).

Most of the features you described, and the fee structure associated with them, would be in violation of real estate licensing laws. Hence why no one has provided a modern, competitive alternative to real estate brokers: you simply can't under the current regulatory regime. Otherwise, what you've described would almost certainly already exist.

4 comments

In most places there's no real estate licensing law against the fee structure in question as long as they registered as a brokerage [0]. As an agent you can discount your fee as much as you want. At Open Listings we're actually operating a very similar deep discount model in California -- you find the home, make an offer on our site [1], then we have a digitally-enhanced agent team for advice, negotiation, and managing the close. The premise is that all of these great listing apps make house hunting (most of the work) accessible to non-Realtors but there's still some useful expertise we can provide in closing the deal, representing our buyer's interests, and making sure all the paperwork is in order.

Update: added sources

[0]: http://www.justice.gov/atr/rebates-make-buying-home-less-exp... [1]: https://www.openlistings.com/offers/new

Of course - you can totally offer discounts. Hence Redfin's existence. The key, however, is that you have to operate within the existing licensing law. You can't just act as a low-cost intermediary. This makes any innovation surprisingly difficult, since you incur substantial costs associated with regulatory compliance.

For example, the vast majority of your staff that interfaces with your customers would need real estate licenses in each state you operate in (along with the tens or hundreds of hours of state mandated education to get those licenses). This is in addition to a company brokerage license for each state.

EDIT: Just saw your edits, and that you guys are doing exactly this - good luck! The industry needs more innovation. :)

Depends on the local regulations, but yes, real estate has gone through quite a bit of regulatory capture. Might be possible to do an end-run via the same mechanisms that allow "for sale by owner".
> Might be possible to do an end-run via the same mechanisms that allow "for sale by owner".

I can't speak universally for every state (there's 50 different sets of regulations, after all), but no. The carve out for FSBO is predicated on selling your own home. If you're facilitating the sale or rental of someone else's home, it triggers the licensing requirements.

Not what I mean. There are several services that provide materials and kits for doing such a sale; Zillow could let the owner control the sale, but provide services to the owner rather than sitting in the middle.
Ah, gotcha. I misunderstood what you meant. You can definitely offer limited services and advertising. You just have to be very careful not to engage in any activities the state might construe as creating an agency relationship, or that are specifically reserved for licensed agents.
Sure you can. I can quit claim my house over to you with no regulations impacting me at all.

There are certainly valid reasons not to do so. Not the least of which being that if the person quitting the title claims didn't actually hold a clear title, then no ownership will actually transfer. But if you think that it is illegal to bypass the processes, then you are too caught up in the processes.

> Sure you can. I can quit claim my house over to you with no regulations impacting me at all... if you think that it is illegal to bypass the processes, then you are too caught up in the processes.

You're talking about something totally different than I am here. Selling your own home is a distinct concern from facilitating others in the sale of their home in exchange for payment. The latter cannot be done without following state licensing regulations, which is what I'm talking about above.

> This is all a great idea - but state laws wouldn't permit it (I work in the industry).

Uber, AirBnB redux. Provide a service that people want more than one built on cronyism-type relations between entrenched industry and gov't, and the change happens even with the existing law base.

It's not like it's some secret as to how the laws got there in the first place.

> Uber, AirBnB redux. Provide a service that people want more than one built on cronyism-type relations between entrenched industry and gov't

Not trying to be a debby-downer here (I'd love to see innovation in the industry), but this would almost certainly get stomped on before it could ever reach critical mass. Uber and Airbnb were able to exploit loopholes in existing regulations, and move quicker than the disconnected, regionally focused incumbents. By the time the incumbents (taxi companies, hotels) caught on, they were left flat footed.

The real estate industry in the United States is a very different situation. The incumbent interests are tightly organized and politically active on a national level. The National Association of Realtors was the third largest spender on lobbying in the USA last year. The only groups that outspent them were the US Chamber of Commerce, and the American Medical Association: https://www.opensecrets.org/orgs/summary.php?id=D000000062

As a result, the regulatory framework in most states highly restrictive and robust. There are few, if any, loopholes to exploit, since the NAR lobbies heavily on a state-by-state basis for uniform, restrictive regulations: http://www.wsj.com/articles/SB112381069428011613

Uber worked because you can be sneaky and give people rides without the government knowing about it. You can't be sneaky about buying and selling homes.
But the real estate agent serves little legal function. I'm not sure if their name will appear on any government document for a real estate transaction.

I see little difference between: A) Hiring a real estate agent to sell my home; and B) Selling it myself while hiring:

1) a photographer to take/post my pictures 2) an answering service to answer a throwaway phone number I create; and 3) a tour guide that does not even know their way around

How are you going to find buyers and get the best price in most markets without listing and offering commission split to the buyer's broker?

The second someone unlicensed starts to regularly interface with other agents, they will get ratted out and stomped on. If you don't interface with other agents, then you are excluding most of the market.

Mostly I was trying to highlight how Uber and Airbnb take a monetary-intermediary approach, while the entire RE industry sits out of the actual transaction itself.

This is probably why I trust the average Airbnb host/Uber driver more than the average RE.

As a buyer, I was never "found". Without representation, I would seek the listing agents directly and have them give the tour. I figure the listing agent would be very eager to earn a bonus/double commission from their selling client, perhaps to my benefit even though I have no exclusive with them.