Eight
2007 New Years Resolutions for American Homeowners
One of the best New Years Resolutions you can make is to get
your personal financial affairs in order.
This is a tall
order for many of us, with implications ranging from how you
finance your mortgage to the energy efficiency of your home.
Nevertheless it’s a very worthwhile exercise which will
affect your wallet and much more. Many have already made
some of the following eight 2007 New Years Resolutions for
American Homeowners, but few have addressed them all. We
challenge you to adopt all of them!
Resolution #1: I will get my home finances in order.
Mortgage interest rates are low, so this is a good time to
review how you are financing your home. You may be able to
save money, reduce financial risks, improve your financial
status and/or use the opportunity to incorporate home
financing in your long term financial planning.
If your mortgage is more than a few years old there’s a
pretty good chance you can get a lower mortgage interest rate – and
therefore lower monthly payments if you refinance your
mortgage. Because most of your mortgage payments in the
early years consist of interest, you may also end up with a
larger tax deduction. Also, for the first time, the cost of
private mortgage insurance (PMI) will also be tax deductible
for mortgages originated in 2007.
If you have an adjustable or interest only mortgage you have
done well in this period of low mortgage interest rates. But
don’t assume that your good luck will continue. The increase
in monthly payments could be frightening when mortgage rates
increase in the future. This may be a good time to refinance
to a safer fixed rate mortgage if your current income will
qualify you for monthly payments. If the monthly payments on
a fixed rate mortgage are unaffordable you could have
a problem in the future. In such cases you can at least stave off the
risks of a substantial increase in your mortgage payments
for another couple years by refinancing with another
adjustable or interest only mortgage.
You can take cash out for worthy uses such as remodeling
when you refinance your mortgage. If you have substantial
high interest credit card debt (which isn’t tax deductible)
and/or a short term second trust on your home it may make
sense to use the proceeds to retire it with the proceeds as
well. However, there are limits on the mortgage interest
deductibility if you refinance for more than the original cost
of the home plus improvements. Check with IRS (www.IRS.gov
or 800-829-1040) or your tax advisor to make sure you
understand the limitations
before you take cash out.
Resolution #2: I will stop lending the government money
interest free.
More than 101.2 million taxpayers got more than $229 billion
in income-tax refunds in 2006. The average refund was
$2,264. Refunds from IRS may sound like good news, but the
IRS doesn’t pay you interest on that refund, which
accumulates throughout the year. Those taxpayers would have
been better off if they reduced the amount withheld from
their income tax every paycheck enough to break even with
IRS at years end and put the resulting paycheck increases into investments
that earn interest or dividends. However, if those
homeowners have substantial credit card debt they are
probably paying high interest
on that debt, and credit card interest payments aren't tax
deductible. In such cases it would probably make even more sense
for a homeowner to
use the extra money to gradually reduce their credit card
balances rather than to invest it.
Some saved their income tax refund but others blew it on
things they could live without. That’s a big mistake.
Another alternative is to have IRS automatically deposit a
portion of your refund directly into savings accounts. Go to
www.IRS.gov or call 800-829-1040 for details.
Resolution #3: I will increase my saving and reduce or
eliminate high interest loans.
Refinancing your mortgage is often the first step in this
process (see Resolution #1), and curtailing your interest
free loans to IRS the second (see Resolution #2). Next make
sure you are taking advantage of all matching employer
contributions to a company IRA if you have one and if at all
possible make the full tax deductible contribution to your
401k, 403(b), regular or Roth IRA, or other tax-deferred
retirement accounts in 2007.
In order to pay their mortgage off sooner many homeowners
make additional payments above the required monthly amount
to their mortgage lender. Not that its bad to reduce any
debt, but many would be much better off from a financial and
tax standpoint to instead put the same amount into a
tax-deferred retirement accounts. Not only would they get
employer contribution matches in some cases, but the
accumulated interest or dividends will either be deferred or
tax free until they withdraw them at retirement. A recent
study found that more than 38% of households would have
earned 11 - 17 cents more on the dollar by investing in
tax-deferred retirement accounts instead of prepaying their
mortgage. Those extra earnings would have resulted in
additional annual savings of almost $400 per household.
Those benefits have to be weighed against the peace of mind
that comes from a paid off mortgage. That peace of mind can
mean a lot to a mid-career factory worker whose employer is
about to close the factory.
Diversify both your tax deferred accounts and investments,
including investments in your employers stock. Even sound,
well managed companies can take a beating in the stock
market. Make sure you invest in mutual funds or stocks with
consistently good performance records. For example the
Lipper Reports tracks mutual fund performance by category
(i.e. large caps, energy, etc.) over 1, 3, 5, and sometimes
even 10 years. If there are 100 funds in that category
invest only in those that are consistently in the top
quartile (which would be the top 25 if there are 100 funds
in the category) over each of those periods and you should
do pretty well. Review your investments annually (or even
better quarterly) against that standard to make sure they
are maintaining their track record.
Review your annual Social Security Benefits Statement to
make sure that your earnings have been accurately reported
and that no one else is using your Social Security number.
If others have been your Social Security number there's a
risk that they may also use it to
get a drivers license and credit cards in your name as well.
You can order your statement online at
www.ssa.gov.
Resolution #4: I will review my homeowners and other
insurance to make sure I’m adequately protected.
Review your coverage with your agent to make sure you have
enough insurance. The insured value of your home should
reflect its current replacement value, including any
additions or improvements, as well as the value of its
contents. Make sure you are covering all important
circumstances. Insurance against flooding may not cover
internal drainpipe backups or wind damage during a hurricane for
example, and many insurers won’t provide flood insurance if
your home is in a coastal area or river basin (in the latter case
you may be able to get flood insurance through the National
Flood Insurance Program). Many policies also have standard
fixed limits on certain types of contents (jewelry and furs,
antiques, cameras, electronics, etc.) so you may need an
additional “floater” policy to fully insure your home’s
contents.
Life insurance needs change throughout your life. They are
highest for young couples with children, far less for empty
nesters with enough savings for their retirement. Depending
on your situation you may be able to cut back on insurance
costs.
Resolution #5: I will reduce my homes energy costs.
There are many ways to reduce your home energy costs. The
American Homeowners Foundation has a free home energy audit.
All it takes is a ten minute tour of your home with the
audit questionnaire and a few simple tools you probably
already have, and you will likely find numerous ways to
reduce both your energy costs and global warming. For a free
copy send an email with “Free Energy Audit” in the subject
line to AHF@AmericanHomeowners.org, and we will email you back a free
copy.
Among some of the “no-brainers” to save energy are replacing old manual
thermostats with programmable thermostats, which typically
will pay back their costs in several months, and replace
standard light bulbs with compact fluorescent bulbs, which
have dropped in cost recently. Also make sure your exposed
hot-water pipes are insulated, furnace filters are changed
regularly, leaky faucets are repaired, and run only full
loads in the dishwasher.
Resolution #6: Whenever appropriate I will take advantage
of new options to reduce real estate services costs when I
buy or sell a home.
Internet-based real estate service companies will provide
rebates of as much as 2% of the selling price of the home
you buy if you use them to assist you in your home purchase
(state real estate associations have managed to make real
estate commission rebates illegal in several states, but the
U.S. Department of Justice, the Federal Trade Commission and
consumer groups like the Consumer Federation of America and
the American Homeowners Grassroots Alliance are working to
repeal those laws). Try to get an exclusive buyers agent (EBA)
to represent you when you buy a home. EBAs only represent
buyers, never sellers. In many states the state real estate
associations have also managed to convince their
legislatures to allow traditional real estate brokers to
simultaneously represent both the buyer and the seller of
the same home, creating a potential conflict of interest you
want to avoid if possible.
With the market as soft as it is, buyers should consider
selling their present home before buying its successor.
There’s a large inventory of unsold homes in most areas, so
finding your next home shouldn’t be a problem. Selling your
current home will probably take much longer, especially if
you don’t want to be forced to accept an unusually low
price. For that reason most sellers aren’t willing to accept
purchase offers contingent on the sale of the buyers current home,
unless the buyer is only asking for a month or two to sell
it.
While it is inconvenient, moving into a short term rental
after you sell will also allow you to take full advantage of your
considerable negotiating leverage when you buy the next home.
Another tool than can simplify some of the chores related to
home buying are service aggregator web sites that let you compare
rates from different local providers of electricity, local,
long distance and cellular telephones, oil and gas, TV and
Internet services, and newspapers by zip code. Among them
are
www.connectutilities.com,
www.whitefence.com
and www.allconnect.com.
Some aggregator web sites charge a fee for their services
and all of services providers in each area may not be
available on each Web site.
Sellers can take advantage of new technology in real estate
services as well. See our suggestions in the separate
article, "Selling in a Tough Market", below.
Resolution #7: I will look for economical ways to
increase the value and livability of my home. If you are
like most of us, you probably have a list of things that
need to be fixed or upgraded in your home, and a remodeling
project may be on the list as well.
You are also like most of us if many of the things on your
"to do"
list have been on the list for many weeks, if not months.
You may have noticed that those jobs seldom get done by
themselves, and some neglected repairs can get worse over time.
Start by putting your home “to do” list in priority order.
Put on top the kinds of repairs that can cost more if
neglected (a leaky roof for example), or which will continue
to cost you money until they are fixed (a broken
refrigerator seal, leaky faucet or toilet, etc.). Usually
the parts are the least expensive part of a repair. If you
are at all handy force yourself to take the time to do
simple repairs yourself.
If you’re not handy or won’t have the time to fix everything
in the next few months call a handyman for the things you
can’t handle. A good handyman should be able to do most
things you need at a far lower rate than a plumber would
charge to fix your toilet or an electrician would charge to
fix a broken appliance. Ask your neighbors for
recommendations of good handymen, and find out their hourly
rates. There are a growing number of handyman service
franchises around the country, but an established local
independent handyman will often be cheaper, if not also better.
More extensive remodeling projects will probably require a
remodeling contractor. Many projects can return 100% of the
investment when you eventually sell your home and they will improve
your lifestyle in the meantime. Another plus of remodeling
compared to the alternative of selling your home and buying
another is that the transaction costs of selling your
home and buying another can be quite high. By the time you finish
doing both, you can easily spend 10% of your
homes selling price on real estate sales commissions and the various
settlement costs for both homes. Transaction costs come out
of the selling price of your current home and add nothing to
the value of its successor. You can do a lot of
remodeling and add a lot of value for 10% of your homes
selling price.
Best candidates for a good return on your remodeling
investment are things like refreshing badly dated kitchens or
baths, or adding a second bathroom in a one bath home. The
National Association of the Remodeling industry periodically
publishes return-on-investment data on most types of
remodeling projects. Don’t over improve to where your home’s
value substantially exceeds that of the neighbors or you’ll
have trouble recouping your investment when you eventually
sell. You can also help keep costs down if you are willing
to do some of the easier finish work yourself, like painting
or trim work.
Check the references of remodeling contractors thoroughly.
Consumer complaints regarding remodeling contractors
consistently at the top of the Better Business Bureau’s and
the American Homeowners Foundation’s complaint list. To
avoid disputes always use a comprehensive contract when you
hire a remodeling contractor. The American Homeowners
Foundation offers a comprehensive eight page model contract,
which you can order at
www.AmericanHomeowners.org.
Resolution #8: I will engage in the political process to
influence issues of economic impact to me and my home.
Home ownership is a nonpartisan condition, yet the votes of
legislators and rules of regulators will have a lot to do
with the value of your home and your economic future. Home equity is the single largest
form of savings for most homeowners and many of those votes
will impact the value of your home. They will also impact
your mortgage interest rates, your taxes, other major
expenses for most homeowners, such as healthcare and many
others that not only impact your ability to buy a home but
also the lifestyle of most homeowners.
Until now the 75 million
American homeowners have been the true “silent majority”.
But American homeowners can no longer afford to remain
silent. We must raise our voices to policymakers at all
levels in 2007 to protect the value of our homes and the
institution of home ownership.
Home Market Stabilizing, but Selling Remains a Challenge
There are recent signs that the worst of the residential
real estate slump may be over.
Signs of recovery of home values still remain both very mixed and much
related to your location, but more positive indicators are
starting to show up. The inventory of unsold homes began
drawing down in many areas in the latter half of 2006.
Builders have cut way back on new home starts even as there
has been a recent increase in new home sales. Recent
increases in mortgage applications also suggest we may be
approaching an end to the housing slump. Another good sign
is that mortgage interest rates have remained low, and
at this point there’s little indication that they will go up significantly
in 2007.
According to December Commerce Department data new-home
sales rose 3.4% in November to an annual rate of 1.05
million units. The median sales price of a new home rose to
$251,700 from $243,800. New home sales have risen since July
and have been fairly constant in recent months, although new
home sales are still down more than 15% from a year earlier.
Still, the 545,000 new homes on the market in December, the
equivalent of a 6.3-month supply at current sales rates, is
a substantial decline from the 7.2-month supply in July,
2006.
Existing-home sales continued to recover in November, 2006,
following another rise in October. Existing home sales,
including single-family, town homes, condominiums and co-ops
– rose 0.6 percent to a seasonally adjusted annual rate of
6.28 million units in November from a level of 6.24 million
in October. This was 10.7 percent off the red hot 7.03
million-unit pace in November 2005.
The changes were very much geographically related. Existing-home
sales in the Northeast increased 6.0 percent, but in the
South they fell 1.6 percent. Existing-home sales in the West
rose 0.8 percent and were unchanged in the Midwest. Total
housing inventory levels also declined 1% percent at the end
of November to 3.82 million existing homes available for
sale, which represents a 7.3-month supply at the current
sales rate. In contrast to new home prices, the national
median existing-home price for all housing types was
$218,000 in November, which is 3.1 percent lower than
November 2005 when the median price was $225,000. Many
factors, such as indirect home builder subsidies, regional
differences, and the continuing increases in the size of new
homes, may explain the apparent anomaly between selling
price trends of new and existing homes.
The Mortgage Bankers Association’s (MBA) index of applications for
home purchases and refinancings has been rising steadily
since mid 2006. The association's four-week moving average
purchase index grew 12% between August and December, 2006
and the four-week average for MBA’s refinancing index has
swelled 41% since July, 2006. Mortgage interest rates remain
near all time lows, and the outlook for substantial mortgage
rate increases in 2007, which would forestall recovery, are
relatively small. Of course future trends in other areas such as
employment levels and the stock market will also play a role
in the outlook for housing.
Despite this good news some current data also suggests that recovery in the real
estate marketplace may not be at hand. In his excellent
December article “Support for Any Theory” respected real
estate writer Kenneth R. Harney showed that there is ample
data to support a conclusion that real estate is headed for
a deeper freeze as well as that it is heating up.
The latest federal report on home real estate price
appreciation, compiled by the Office of Federal Housing
Enterprise Oversight (OFHEO), examined changes underway in 275 of
the largest metropolitan markets. According to Mr. Harney
there are several dozen hot spots around the country
including one where homes appreciated 30.4 percent during
the 12 months ended Sept. 30, and 37 metropolitan markets
saw average home appreciation rates of 15 percent or more
during the 12 months covered by the survey. Conversely “the
average appreciation rate for houses nationwide dropped to
0.86 percent during the quarter, or just 3.45 percent
annualized…. In five states -- Michigan, New York, Rhode
Island, New Hampshire and Massachusetts -- the quarterly
rate actually went slightly negative.” Harney also pointed
out that there is little hope for recovery of real estate
prices soon in areas “where the regional economy has been
struggling and corporate layoffs and plant closings have
pushed unemployment higher”. The full third quarter OFHEO report
is at http://www.ofheo.gov.
Another cloud on the horizon is foreclosures. They are on
the increase, in a large part to overly liberal underwriting
of risky mortgage loans. If a large number of foreclosed
properties hit the market it would have an adverse impact on
home values. So far the up tick has been relatively minor,
perhaps because continuing low mortgage rates are allowing
many to move into less risky fixed rate loans or reset the
more risky loans. However some are predicting that
foreclosures will increase dramatically, and if mortgage
interest rates were to rise substantially a glut of
foreclosed homes would be bad news for home values.
Real estate “flippers” may also be contributing to the
problem. Investing in residential real estate and holding it
over the long term has always been an excellent way to build
wealth.
Successful real estate investors usually take a conservative approach.
They first
make sure they have adequate reserves for emergencies and
have enough overall rental income to cover their overall
mortgage payments before they buy another rental property.
“Flippers”, who emerge in times of rapid appreciation, buy
and hold only long enough for appreciation to return them a
tidy profit, which they often then spend. When an eventual
downturn occurs, flippers don’t have the reserves to make
the mortgage payments in unoccupied properties, or even
enough to make up the difference between rental income and
mortgage payments if they have tenants. They are forced to
sell for whatever price they can get, and many of their
properties also end up in foreclosure.
“Despite these potential problems, the bottom line is that
we are beginning to see more evidence of an overall recovery
than was evident only a few months ago,” said American
Homeowners Foundation President Bruce Hahn. “There are still
drumbeats of bad news, but not as many and not as bad as
before,” he noted. This overall good news won’t help home
sellers in some markets, however. While the Office of Federal
Housing Enterprise Oversight report may cheer home sellers
in many markets, but in most markets there’s still a large
inventory of homes, and in many markets resale prices may
continue to drop. For home sellers in the latter areas the
only answer is smart and persistent marketing (See “Selling
in a Tough Market” for some tips that may be helpful in that
regard).
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Selling in a Tough
Market
While a few local real estate markets are beginning to see
an impressive recovery, chances are that you’ll still need
to work hard to sell your home wherever you live.
With few exceptions there’s still a glut of new and existing
homes on the market in many areas, and the
outlook for a substantial 2007 recovery of home prices in
most is not good at all. For
some homeowners the best bet may be to take their home off
the market temporarily and wait for a recovery. For most
however, especially move up sellers, this is still a very
good time to sell, especially if they are going to buy
another home in the same area.
While it’s taking a lot longer to sell a home in most areas,
and prices are down in many, there are relatively few
sellers that should be dissuaded by current market
conditions. If you don’t have to move by any deadline and
don’t plan on buying a replacement home because you’re
retiring or for other reasons, it may make sense to hold off
and await a recovery in home selling prices. But keep in
mind that many factors affect home prices. If you live in an
area where the local economy is in bad shape because of
recent and potential future plant closings, etc., home
values may continue to drop for many years, even as the real
estate market stabilizes or recovers in most other areas. Even though your
home may not be worth as much as it was two years ago, it is
likely worth more now than it will for quite a few years.
The smart move may be to sell now and cut your losses.
Even if the long term outlook for growth in home values in
your area is reasonably good it still may make sense to sell
if your employer is transferring you to one of the current
hot real estate markets. Homes appreciated by 15 percent or
more in 37 metropolitan markets this past year, according to
the Office of Federal Housing Enterprise Oversight. It might
not make sense to wait for a recovery in prices to put your
current home on the market, because there’s a very good
chance that any improvement in the selling price you might
gain if you waited would be more than wiped out in the
interim by the increase in home prices in the area you’re
moving to.
Many home sellers plan to buy another home in the same area,
and a large share are looking to move up to a larger home.
For them this is an excellent time to sell regardless of
area housing prices, despite the current large inventory of
homes and length of time it takes to sell. Selling prices of
higher priced homes typically take a bigger hit in declining
markets, both in terms of absolute dollars and percentage
declines. This means that the difference between your
selling price and the price you’ll have to pay for a move up
home will be less than it was at the top of the market. Not
only that, but current mortgage interest rates are still very low, which is
an additional plus.
Whatever your market and whatever your circumstances, you
still want to get the best price possible. Due to technology
it’s vastly different than it was even five years ago. This
is not your father’s real estate market – 80% of home buyers
now search for homes on the Internet. It used to cost around
10% to sell your home by the time you added the 6%
commission, settlement costs, the points you paid for the
buyer’s mortgage, and other expenses.
Today there are
increasingly effective alternatives to the traditional
multiple listing service (MLS) and the 5-6% commission their
participating brokers charged. There are many ways to reduce
costs and enhance marketing effectiveness.
Here’s seven things you should absolutely consider if you
are about to sell your home. You should review them as well
if your home is currently on the market.
1. Take time to learn about the changes in the real estate
services marketplace.
There are many marketing alternatives and marketing
supplements available to home sellers today that weren’t
available even a few years ago. Do some research,
particularly about some of the new alternatives. Try the
Internet, your library, bookstores, and the real estate
section of the newspaper for more info.
2. Take advantage of new technology tools. In major
metropolitan areas you can list your home for free on
www.Craigslist.com,
which is growing rapidly as a tool for marketing homes and
just about everything else. You can also list it free on
www.Zillow.com, which
also provides free “zestimates” of home values (but be wary
– the latter, while a noble effort, is still a work in
progress, so don’t rely on it alone as a pricing mechanism).
Other marketing alternatives include eBay, Yahoo and other real estate
websites.
3. If you have the time to do the marketing and other duties
required of a seller use a flat fee or minimum services real
estate broker. They will put your home in their local
multiple listing service (MLS) for as little as $200.
Although there are a growing number of other alternatives,
the MLS is still critically important, because the local MLS’s
feed their listings to the consumer facing websites of all
of the other MLS member brokers in the area, which is very
important exposure to the 80% of home buyers who now use the
Internet in their home search.
4. If you don’t have the time or skills to do the marketing
yourself, identify three experienced full service real estate agents with a
successful track record in your neighborhood and invite them
to compete for the listing. Don’t use a rookie agent - entry
standards in the real estate profession are very low in most
states. Not only will the rookie probably lack many of the
skills you’ll need, but they won’t have the contacts that
can be very valuable in finding a buyer in a tight market.
If possible try to find a broker that doesn’t practice “dual
agency”, which means they may represent the buyer and seller
of the same home. Ask them to prepare a market analysis (how
much is it worth?) and a marketing plan (how do you plan to
sell it?). Ask them the same kinds of
questions you might ask a job candidate (in effect that’s
what they are). There’s a good interview form in How to Sell
Your Home Fast!, an American Homeowners Foundation book
available in libraries, bookstores and at
www.AmericanHomeowners.org.
Make sure to reach an
understanding before signing a listing agreement regarding
the frequency of open houses, newspaper display ads and free
alternative marketing tools they will also use, such as
www.Craigslist.com,
and www.Zillow.com. Put
those requirements in an amendment to the listing agreement.
Limit the term of the listing agreement to no more than
three months. It may well take longer to sell your home in
this market, and if the agent and broker have lived up to
your expectations in their marketing efforts you can always
renew the listing agreement for another three months.
Read
all documents thoroughly before signing. If you don’t
understand the legalese seek outside advice. Don’t agree to
give up your intellectual property rights to any of your
content contained in an MLS listing form – such terms can
enable unscrupulous real estate agents and brokers to limit
the dissemination of your listing by third parties, which
could limit the marketing exposure of your home. Commission
rates for full service brokers are slowly declining. The most
recent national average was 5.1%, so don’t automatically
agree to the
6% commission that a full service broker may tell you is the
going rate.
5. In slow markets, which describe most of the U.S. today,
understand that there are a glut of homes available. Buyers
have hundreds of choices, and are less likely to bother
visiting homes priced higher than most of their peers. Even
if your home is in pristine condition you are wiser to price
it closer to your lowest acceptable price and bargain hard
rather than price it high in order to give yourself more
negotiating room.
6. Shine your apple. Make your home look as nice as it can
look. Have a presale yard sale and get rid of as much
clutter as possible. Each room should have only a minimal
amount of furniture (put any extra you want to keep in
storage). Clean up and repaint with neutral colors if
necessary. Open blinds and replace low wattage light bulbs with brighter
substitutes. If important parts of your home are outdated
consider cost effective updates. If your kitchen or bath is
old or in bad shape a prudent remodel can often return over
100% of the investment and help you sell the home faster.
Some inexpensive landscaping will improve the curb appeal of
homes with barren yards. But don’t over improve. There’s not
much point in adding a fourth bathroom to a home that is
already worth more than most of the others in the
neighborhood.
7 . Consider providing owner financing if you can, but be
cautious. If you can provide some financing, even if it’s a
small second trust, you may be offering the deal maker. At
the same time you can often earn a considerably higher
interest rate that you would have earned with the same money
otherwise. Caution: Fluctuating real estate markets can wipe
out your security in the event of foreclosure. Foreclosures
cost money and second trusts get paid after first mortgages,
and then only if there's money remaining. Make sure to check the
financial records of the buyer and make sure that they put
up a substantial down payment if you’re providing owner
financing.
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Consumer Group Call for Action in Real Estate Services
Sector
The Consumer Federation of America (CFA) has called on state
regulators to block anti-competitive real estate policies
and practices.
In a December 13 press conference CFA, which represents the
American Homeowners Grassroots Alliance and 300 other
consumer organizations, released a major study of
nontraditional real estate brokers that shows how they have
been growing despite pressure from traditional brokers,
their trade association, multiple listing services, and even
some regulators.
“Nontraditional brokers who charge lower prices or truly
represent the interests of buyers or sellers offer these
consumers more real choices in terms of commission rates,
services, and representation,” said Stephen Brobeck, CFA’s
Executive Director. “State regulators should join the U.S.
Department of Justice and the Federal Trade Commission in
working to stop blatant discrimination by traditional
brokers against these innovative service providers,” he
added.
The 18-page report, “Nontraditional Real Estate Brokers:
Growth and Challenges,” was prepared by Patrick Woodall,
CFA’s Senior Researcher, and by Brobeck. The study explains
the different types of nontraditional brokers, their growth
over the past decade, the ways many traditional brokers try
to discriminate against them, and what regulators can do to
prevent this discrimination.
The study noted that nontraditional brokers offer consumers
widely varied services, prices, and types of representation.
They include: Internet firms that take advantage of their
internet presence to lower costs and prices; more
traditional service providers who rebate, discount, or
reduce commissions in some other way; and exclusive buyer
and listing brokers who never act as dual agents. Their
shared characteristics are that they try to offer consumers
choices of services and are opposed by many traditional
brokers seeking to continue functioning as a cartel.
“In varying ways, nontraditional brokers threaten the high,
fixed commissions and
‘double-dipping’ of traditional brokers,” said CFA’s Brobeck.
“Those who lower or rebate commissions pose an obvious
threat, yet even exclusive listing and selling brokers
challenge the legitimacy of dual agency and its double
commission dip,” he added.
There is significant evidence of the recent growth of
nontraditional brokerage services. According to the
consulting group RealTrends, from 2002 to 2005 the share of
sales involving nontraditional brokers rose from two percent
to eleven percent. In the same period, Help-U-Sell
franchises grew from 200 to 800. And from 2001 to 2004, the
membership of a new trade association representing some
fee-for service brokers rose from 250 to 1,400. Publicly
traded nontraditional firms such as RealEstate.com and
ZipRealty have seen their business more than double in
recent years.
Traditional brokers seek to limit access to multiple listing
services by, and use state regulators as a weapon against,
nontraditional brokers. They also try to make the lives of
these nontraditional brokers difficult by refusing to
cooperate with them and by disparaging their services. “The
ferocity of the traditional broker attack is stoked by a
huge glut of agents who feel they can survive only by
maintaining high, fixed commissions and the possibility of
the double dip,” said CFA’s Brobeck. “The math says that
most of the two million licensed agents can participate in
the sale of only a few of the seven million homes sold
annually, thus severely limiting commission opportunities,”
he added.
Discrimination against nontraditional brokers takes several
forms. Some nontraditional brokers have had difficulty
securing the membership in the local realtor trade
association that is often required for access to the local
multiple listing service. Others face restrictions on the
information they can supply consumers on their websites.
Still others are denied the opportunity to have their
listings sent to popular public interest Internet sites like
realtor.com.
The report cites numerous instances of traditional brokers
refusing to show the listings of a discount broker, even one
that offers the full 3 percent commission split to
cooperating brokers. It also cites an example of a buyer
working with a nontraditional broker being denied the
opportunity to purchase a condo.
Some traditional brokers have either delayed or reduced
traditional commission splits to nontraditional brokers
working with buyers. They have also pressured newspapers and
magazines to not carry the advertising of nontraditional
brokers.
As the report indicates, through advertising, publications,
Internet blogs, realtor conferences and workshops, and
direct communication with consumers, some traditional
brokers have disparaged the services of nontraditional
brokers, who are accused variously of unethical practices,
incompetence, and even "whoring."
Traditional brokers use their huge influence over state
regulators in most states to make life difficult for
nontraditional brokers. They persuade them to support
anti-rebate or minimum service laws, to pursue spurious or
trivial complaints against innovative service providers, and
even to disparage these providers in advertisements.
The single most important immediate measure that could be
taken to prevent
discrimination and promote competition is for state
regulators to level the broker playing field by treating all
brokers equally. These regulators should:
• intervene fairly in cases of anti-competitive actions
against nontraditional brokers;
• prevent the use of frivolous actions by traditional
brokerage to deter competition and poach clients;
• act in a timely and impartial manner in disputes; and
• study the state and local marketplace for bias against
nontraditional real estate brokers and models.
State regulators also need to repeal or oppose
anti-competitive laws or legislation such as minimum service
and anti-rebate laws that exist in more than one-fifth of
states. And they should direct state regulators to regulate
the policies and practices of all service providers equally.
Consumers can also play a role in ensuring a more
competitive, pro-consumer marketplace by shopping and negotiating for prices and
services. They should also not hesitate to file a complaint
with their state regulator when they see any evidence of
discrimination against nontraditional services.
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Help us Set the Policy Priorities of American Homeowners
Please tell us your views on state and national policies
that will have a significant impact on homeowners in
2007.
Every year the American Homeowners Grassroots Alliance
publishes its annual “Issue Guide for Federal and State
Policymakers”. The Guide groups the Alliances policy
goals in ten subject areas. We share the Guide with federal and
state policymakers and the media so they can use it to gauge
policies that have a significant direct or indirect
economic impact the nation’s 75 million homeowners. The
ten areas are Budget and the Economy, Consumer Protection,
Education, Energy and the Environment, Healthcare,
Housing and Real Estate, International Trade, Credit &
Financial Services, Tax, and Technology and
Communications.
In any particular year not all the issues may receive significant consideration in
Congress, federal agencies, the state legislatures, and
state regulatory bodies every year. Legislators and
regulators don’t have enough time to focus on all the
issues, and what they do address is determined by a
number of factors, including pressure from the media and
their constituents.
Among their constituents are the nation’s 75 million
homeowners. If there is enough broad and vocal support
for new legislation and/or regulation, then legislators
and regulators will act. There are certainly enough
American homeowners to drive policy issues in 2007 if
each of us
makes a new years resolution to become activists in
determining our own destiny.
There were several notable successes in 2006, and we can
have even more in 2007 if more homeowners engage in the
process this year. Congress’s
December holiday present to American homeowners was to
make the cost of private mortgage insurance tax
deductible for low and moderate income homeowners who
get new mortgages in 2007. The same legislation also
extended for several years tax credits for energy
efficiency improvements to existing homes and for the
construction of energy efficient new homes. Extending
these deductions and credits to 2008 and beyond will
certainly be one of the Grassroots Alliance’s 2007
priorities.
The “new homes tax”, a tariff on Canadian softwood that
has been adding about $1,500 to the average cost of a
typical new home in the U.S., appears headed for repeal.
Many state and local governments have helped reduce the
cost of homeowners' TV services (and indirectly their
Internet and telephone services as well) by as much as
$20 a month by allowing new competitors to cable TV
monopolies.
Despite the support of the Federal Trade Commission
(FTC) and
the Department of
Justice
(DoJ) we were able to stop only a few
of the efforts of state real estate associations to pass
state laws aimed at denying consumers alternatives to
the high cost of traditional real estate brokers. On a
more positive note the FTC was successful in stopping the practice of multiple
listing services (MLSs) to keep the listings of
homeowners who used Internet brokers from being
distributed on the Internet, and DoJ continues to pursue
its antitrust lawsuit against the National Association
of Realtors for similar efforts. Efforts to stop the use of
eminent domain procedures to seize homes for commercial
redevelopment also met with mixed success.
Last year’s federal guidelines tightening all lenders’
underwriting standards and requiring more complete
disclosure of terms of loans for interest-only and
payment-option loans to all types of sub prime loans and
nontraditional mortgage products have already been
adopted by 20 states. With the rapid recent growth in
these very risky loans this is a very positive
development. While Congress and many states
have begun to look at abusive practices in mortgage
lending, title insurance, and in other areas, much still
remains to be done.
Many 2007 priorities are likely to receive early
consideration by the new Democratic Congress. With
family health insurance costs up 70% (to $4,500 per
family) since 2000, and 6 million families losing their
health insurance since then, there is broad public
support for cost-effective improvements to the Medicare
prescription drug program and ending expensive previous
concessions to drug companies and HMOs. An expected
effort to make college tuition tax deductible,
permanently, cut student loan interest rates, and expand
Pell Grants will be welcomed by cash-strapped parents
who own homes as
well.
Initiatives to reduce energy costs and protect the
environment are also broadly supported by most
homeowners,
although the economic savings from alternative energy
sources will take time to
materialize. Legislation to reduce dependence on foreign
oil and create a cleaner environment, with more research
funding for energy-efficient technologies and domestic
alternatives such as biofuels, are also potential
winners with homeowners, who are increasingly pressed by
increases in home energy costs, automotive fuel costs
and the impact of growing energy costs on the products
and services they buy.
What’s your opinion? Which are the most important issues
affecting homeowners and home ownership that the
Grassroots Alliance should work on in 2007? Please take
a few minutes to email us your suggestions. More
importantly please also share those suggestions with
your state and federal legislators! You can look up
their email addresses by zip code
here.
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Please read
Resolution #8 in this issues first article and take the time to contact your
legislators and suggest legislative priorities for them in
2007. It's easy - you can reach
your legislator by email in a couple of mouse clicks, and
you can use the content in Home Base and elsewhere on our
website to help you develop your message. To look up the
phone number, email, and/or postal address of your U.S.
Representative or your two U.S. Senators,
click here. The
site can look them up by zip code for you if you don’t
recall their names.
Many legislators are also happy to meet personally with
their constituents when they are back home on weekends or
when Congress is not in session. A personal meeting is a
particularly effective way to get their attention and
reinforce your message, so please consider also requesting a
follow up face-to-face meeting in their home state or home
district offices near you when you contact them on policy
issues.
Is there a policy issue that is particularly important to
you which significantly impacts homeowners or home
ownership? We invite you
to send us an email and suggest issues that you want the American
Homeowners Grassroots Alliance to be working on in 2007.
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