January 2007

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Home Base
A publication of the American Homeowners Grassroots Alliance and the American Homeowners Foundation

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January 2007      


In this issue of Home Base:

Eight 2007 New Years Resolutions for American Homeowners
Home Market Stabilizing
Selling in a Tough Market
Consumer Group Calls for Action in Real Estate Services Sector
Help Us Set the Policy Priorities of American Homeowners


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.

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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.

 
 
 

 Copyright 2007, American Homeowners Foundation and the American Homeowners Grassroots Alliance