The Future of Real Estate Brokerage

by Dan Krell © 2007
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I am going to share my feelings about a recent article that appeared in the March issue of Realtor® Magazine. The article is one of a series of interviews with the innovators in the field. This article was a synopsis of a round table to discuss the future of real estate brokerage with some of the top Brokers in the field.

Although many responses made sense, other responses were disappointing. Reading about future developments such as one stop shopping, discount services, and internet leads sounded more like a rehash of the recent past rather than ground breaking innovations.

Where is the future of real estate headed? In an interview on National Public Radio (March 3, 2006), Economist Steven Levitt discussed the idea that the real estate agent is an endangered species and at that traditional six percent real estate commission may become a thing of the past because of the pressures of the internet and the economics of a housing boom. At the time, it made perfect sense. However, as the market has slowed this past year, home sellers are now offering higher commissions, and sometimes even a bonus, to sell their homes.

Ok, so what about the future? Like the Amazing Criswell, I may make some wild claims. However, the difference is that I look to history to help define where we are going.

Real estate brokerage started out as a means to bring buyers and sellers together while playing gatekeeper and controlling information. Over time, legislation and legal challenges have transformed the nature of agency and representation to become the present practice of real estate. Additionally, technology and the internet have forced changes in the type and amount of information available as well as how it is disseminated.

Generally, the core of real estate profession of tomorrow will be much like yesterday and today-people. Real estate contracts will continue to grow as brokers will continue to try to limit liability. Agency and representation may change from a transactional management model to a consultant or case management model, where the client can get assistance and direction in the buying or selling process.

Information technologies will continue to develop and will deliver high quality and detailed information as well as increasing efficiency to all users. Possibly one day, you wouldn’t have to go to an open house as you can experience any home in full scale 3D. Although contracts are getting longer and thicker, the use of the internet and email to execute and deliver documents has been helpful such that one day settlements may be conducted in a similar manner.

As economics and legislation played a large role in the development of real estate brokerage, it is difficult to predict future economic cycles and future government regulation. Even with this uncertainty, it is clear that these influences will impact the future growth of the industry. For example, economic cycles dictate the number of Realtors entering or exiting the marketplace as well as contraction and mergers of large real estate brokerages. Additionally, future legislation may impact compensation structures.

Although technologies, laws, compensations, and business models may change, one thing will continue to remain the same- the human animal. Developments will certainly make the process easier, but ultimately home buying and selling is an emotional and subjective process that requires human interaction.

This column is not intended to provide nor should it be relied upon for legal and financial advice. This comlumn was originally published in the Montgomery County Sentinel the week of March 12, 2007. Copyright (c) 2007 Dan Krell.

Big Banks in Real Estate Brokerage

One of the biggest controversies in the real estate industry has been disputed since 2001, yet many realtors and most consumers are unaware it exists. What is it? The controversy is allowing big banks to participate in real estate brokerage.

The controversy has root in the Gramm-Leach-Bliley act of 1999, also known as the Financial Modernization Act of 1999, which generally gave banks more freedom in affiliating with other financial institutions, such as securities and insurance brokers. In 2001, the Federal Reserve Bank and the U.S. Treasury Department felt that buying and selling a home was also primarily a financial endeavor, so they pushed for legislation to allow big banks to become real estate brokers.

Banking proponents assert that allowing banks to participate in real estate brokerage is good for consumers. They state that it would increase competition and allow consumers the true “one stop shop” for financial services, and allow the reduction of costs and fees associated with the purchase of a home.

The proposed legislation was defeated consistently for several years. It remains to be seen if this will reappear in the next congress.

The opponents to the legislation have declared that the purchase of a home is not finance but commerce. The National Association of Realtors’ position was and is that finance and commerce should remain separate. Additionally, this type of legislation would be anti-competition as it would increase the general power of the financial institution which would decrease the availability of consumer choice (Realtor.org).

Additionally, there is concern over conflicts of interest. Besides that banks might push their listings just as they push to sell their proprietary mutual funds, loan officers and underwriters might be influenced to make poor loans on homes that are in the bank’s inventory. Can you imagine being turned down for a mortgage by your local bank, finding out later that your friend, who has a similar credit history, was approved because he was buying one of the bank’s listings?

Reducing costs and fees in the real estate transaction is always a great idea. The position that allowing banks to become real estate brokers would drive the cost of purchasing a home is questionable. Banks have a history of increasing fees as well as adding charges to services. A recent BankRate.com survey (December 1, 2005) confirms the view that banks have found ways to increase fees as well as hide service charges. ATM fees, returned check fees, and account maintenance fees are examples of the current focus of increases.

For a first time home buyer, the purchase of a home can be overwhelming and confusing. It is difficult enough for an average home buyer to understand the complexities of the transaction yet be able to see if the settlement sheet is padded with extra charges. Hopefully, the home buyer’s Realtor is able to spot any charges which are excessive or fake. However, if the Realtor is taken out of the process, the home buyer might not be able to spot any sham or excessive charges.

The issue of big banks becoming real estate brokers is not just an issue of competition, but it may ultimately become an issue of privacy as well. Although the controversy is dormant for now, it is yet to be decided. As banks continue to push for more freedom, the debate could turn into a nasty battle.

By Dan Krell
Copyright © 2006