David Rathgeber's

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Updates of David's Washington Times home-selling articles.

Media mess-up of the big Realtor lawsuit!
The Fed, inflation, mortgage rates, etc.
The $1.78 billion Realtor lawsuit! – Part3 and a BIG question
The $1.78 billion Realtor lawsuit! – Part2 - January 2024
The $1.78 billion Realtor lawsuit! – Part1 - December 2023
How the market really works - September 2023
What can go wrong when selling your home? - March 2023
What can go wrong when selling your home? - February 2023
What can go wrong when selling your home? - January 2023
Got some spare time? Need some cash? - December 2022
The truth about home prices - November 2022
Negotiating a contract price when selling - August 2022
Home-search site recommendation - July 2022
Volatility? - June 2022
The sky is falling; the sky is falling! - April 2022
More help for buyers in a tight market - January 2022
The real story behind the Zillow mess! - November 2021
Do you want a higher price when selling? - August 2021
Beware the light at the end of the tunnel - July 2021
How to win your home of choice - June 2021
Condo sellers beware! - April 2021
It's only money! - January 2021
Other market reports! - June 2020
So, you think you understand $/square foot? - February 2020
Are home values dropping 12% monthly? - December 2019
Finally! BrightMLS has corrected their DOM - October 2019
Are homes appreciating 72% per month? - September 2019
They're getting misinformation, but . . . - August 2019
A tale of 2 news stories - January 2019
Special note on the new MLS system - December 2018
Dangle your carrot - September 2017
Don't miss your perfect home! - August 2017
One critical factor in home selling - July 2017
Win $1,000,000 - June 2017
A Look Back at 2016 and a Look Ahead - April 2017
Move over Washington Post! - June 2016
A Look Back at 2015 and a Look Ahead - February 2016
Does your home need a price reduction? - November 2015
Save money on your home purchase - February 2015
We won't get fooled again! - November 2014
Discrimination in housing: Perspicacity - April 2014
Only question needed to select the best agent - October 2013
Exploding the Local Specialist Myth - June 2013
Where have all the contracts gone? - November 2012
Your personal gain from inflation? - January 2012
Where are we and where are we going? - September 2011
A Look Back at 2010 and a Look Ahead - March 2011
An Interesting Question - February 2011
Market Perturbances and more - August 2010
What about prices? - April 2010
A Look Back at 2009 and a Look Ahead - March 2010
Foreclosure and Short Sale Data - August 2009
What are they talking about? - October 2008
Data vs. Information - February 2008
Looking Back at 2007 - February 2008
Real Estate News in Perspective - November 2007
The effects of 911 - October 2001
Market Alert - March 1999
Market Alert - February 1998
Market Alert - February 1994

Media mess-up of the big Realtor lawsuit!

Settlement of the big National Association of Realtors (NAR) lawsuit has been agreed and awaits court approval. In a nutshell, the decades-old (possibly 100-years) custom of commission sharing was attacked, and offering any compensation to a buyer’s agent via the MLS will be forbidden. Changes resulting from the lawsuit could disrupt real estate markets all over the country in July. The NAR has fostered a real estate market that works well, especially for home buyers and sellers. Although I am a NAR member, I am not a NAR fan, because looking out for agent-members is not on NAR's list of priorities nor is educating the public on how the market works. Nevertheless, it should be noted that . . .

  1. The NAR has never ever entered a listing agreement with any home seller.
  2. Real estate commissions are set in a listing agreement (i.e., legal contract) between each home seller and the seller's selected real estate broker. This is NOT new; it has existed forever.
  3. Hundreds of MLS systems exist in the United States, most owned and/or controlled by various local Realtor associations.

From the outside it appears that this lawsuit was dumb to start with, and it wasn't well handled by the NAR. Also, every major media news story seems to have been written by an ignoramus and edited by someone who was out to lunch. Here are specific examples of major media misinformation, which I'll discuss in detail next month:

Where does major media find these real estate common-taters? They're making loads of unfounded assumptions about how the market works and how this will all shake out. They certainly don't know, and they're making a mess of the story. The next few months should be "fun." One thing is sure: The real winners from this lawsuit are the lawyers, NOT buyers, sellers, or agents! So stay tuned.

Meanwhile, this is a proposed settlement. If court approved, the NAR has significant power to make its members, as well as non-Realtor state-licensed agents, conform to the agreed terms. It's interesting that this settlement, in effect, changes millions of contracts (listing agreements), which were willingly signed by sellers who received all the benefits thereof: The best of which is that their homes sold! The lawsuit assumed that the home sellers were too dumb to know what they were signing. Well, the lawsuit was filed in Missouri. What do YOU think?
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The Fed, inflation, mortgage rates, etc.

You've likely heard of the Federal Reserve (Fed), inflation, and interest rates as well as the effect on mortgage rates: The 10-year treasury note is a harbinger of 30-year mortgage rates.

You might not have heard of the Fed's qualitative tightening (QT) program, but stay tuned. It is generally believed that inflation is under control and that interest rates will be coming down. But how did we get here, what did we learn, and what might still need to be learned?
photo
The chart above shows the CPI (Consumer Price Index) and the Fed's short term interest rate – red bars.

Inflation became apparent in early 2021. But there was a year of Fed inaction as it exercised due caution, to avoid complicating the extreme uncertainties associated with the effects of COVID-19 and government reaction thereto.

2022 was certainly a year of Fed action! The unusually short (3-month) interval between Fed action and the “break” in the CPI inflation curve makes one wonder if there was an additional inflation moderating effect. The Fed's QT program began in June 2022, the exact month of the CPI curve-break. Nevertheless, while inflation in the last half of 2022 was only 0.2%, the Fed's short-term interest rate rocketed from 1.5% to 4.25%.

The Fed should have taken a clue but instead went right on raising the short-term interest rate to 5.25% in 2023. Not being philanthropic, the banks pass their higher interest costs on to businesses that borrow money. The businesses pass the extra cost on to their customers by charging higher prices. Higher prices? That’s called inflation, and the similarity between the interest curve and the CPI curve in 2023 suggests that the Fed might have been actually creating the inflation it was trying to fight. The correlation is inescapable, but proof of causation is beyond the scope of this discussion.
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The $1.78 billion Realtor lawsuit! - Part 3 and a BIG question

A Missouri lawsuit resulting in this recent decision is one of many past, current, and future lawsuits aimed at the National Association of Realtors (NAR) and individual real estate companies. The major point of contention is the practice of commission sharing, which has been routine for over a century. The current decision will be appealed, and it certainly will be found that the NAR itself never, ever negotiated a real estate commission with any home buyer or seller. Individual real estate companies do have potential exposure, and some have already negotiated settlements.

Real estate agents get paid for their work, in most cases by a commission related to the price of the home sold. Their work is not pro bono. Why? Because just like the rest of us, they need shelter, food, etcetera. They decide, on an individual basis, whether to work for whatever compensation is offered by the seller. It is unlikely any class action lawsuit will have buyer's agents working for free, or even altering their expectations significantly.

Agents generally are NOT employees of the real estate company but instead are independent contractors. Further, agents or companies that try to rig compensation with intercompany discussions, risk severe penalties including possible jail time. I'm not making this stuff up; check the Federal Trade Commission (FTC) antitrust laws related to price fixing. However, FTC lawsuits alleging real estate commission fixing are few and far between. Further, if anyone has noticed, agent compensation as a percent of home selling price has decreased over the past decade or so. This is no doubt a result of market forces and therefore should be irrelevant to current compensation discussions, except that it generally destroys the rigging argument.

Additional lawsuits, similar to the Missouri case, recently have been filed in other states, and many more are coming. An interesting part of the price fixing argument is that home buyers have not been able to negotiate what their agent gets paid. Why? Because that amount has been negotiated with and paid by the seller, with the buyer generally paying nothing directly. Again, it is unlikely that Realtor associations (national, state, or local) have any reasonable exposure. Exposure of real estate companies is always questionable and when a jury is involved it’s like rolling the dice. Exposure of individual independent contractor agents seems way too complicated for these class action lawsuits.

Some have wondered whether current legal wrangling, including attacks on commission sharing, could lead to the end of information sharing; that is, the end of current multiple listing service (MLS) systems. Hopefully, all parties to these lawsuits recognize the immense value of MLS systems, apart from the compensation questions being raised. MLS systems enable a maximum number of buyers and agents to consider a maximum number of homes on the market. No system, real estate or otherwise, is perfect and can always be improved. But returning to the real estate dark ages will require buyers to visit dozens of websites in order to review their entire market. Worse, setting up visits to several properties and getting the keys, or coordinating with individual listing agents, will be an unmanageable mess.

The question no one is asking: If current lawsuits require real estate companies to return a part of their compensation to sellers who have already closed on their homes, will the companies, in an attempt to recover this compensation, approach their closed buyers who have agreed (in their buyer broker agreements) to pay the compensation if sellers do not. Hhhmmmm: Buyers beware!
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The $1.78 billion Realtor lawsuit! - Part 2

A Missouri lawsuit resulting in this recent decision is one of many past, current, and future lawsuits aimed at the National Association of Realtors (NAR) and individual real estate companies. The major point of contention is the practice of commission-sharing, which has been rather routine for over a century. The current decision will be appealed, and it will certainly be found that the NAR never, ever, negotiated a real estate commission with any home buyer or seller. Individual real estate companies do have potential exposure, and some have even negotiated settlements.

In most transactions, the home seller agrees to pay the agent they hire to market their property. Some of the total compensation is offered to other agents to induce them to bring buyers. This is enabled by an MLS (multiple listing service) that allows the marketing (or listing) agent to effectively enlist thousands of other agents. If the marketing-agent had to personally find the buyer, it would be a mess.

Decades ago, the seller hired an agent and poor buyers had no one on their side, even though many believed they did. In the 1980s came the disclosures advising buyers that they were really on their own. In the last 20 years or so it has been become common for the buyer’s agent to have a fiduciary relationship, in writing, which puts them on the side of the buyer: A buyer’s broker. Home sellers understood that they were paying for another agent who was not on their side, and seller objections were rare. It is important to understand that current laws and customs accommodate this compensation system in which all agents involved are paid out of the total contract price, which includes the agents’ compensation.

Current lawsuits could result in an alternative system that would require a buyer pay their agent directly. The net financial result would be unchanged for buyers, sellers, and agents. But current laws and customs would make this an out-of-pocket expense for the buyer, rather than having it neatly wrapped up in the home seller’s listing agreement and the total contract price, most of which is usually covered by the buyer’s mortgage. Mortgage lenders currently are not allowing buyers to finance their agent's compensation over 30 years.

The current compensation scheme was arrived at decades ago after much thought and agreement of sellers, agents, real estate companies, mortgage lenders, etcetera. A new scheme where buyers pay their agent directly would require a lot of industry rearrangement. Why would anyone want to do this, and deal with associated major disruptions, in order to achieve exactly the same financial result? While it seems that such a rearrangement would produce no winners, it would certainly produce losers. For poorer folks, several thousand dollars of out-of-pocket costs could sink their home-buying ship. Why not leave the current system, which certainly works, in place. In any event, let’s hope that nothing happens to make homeownership more difficult for those who have less money.
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The $1.78 billion Realtor lawsuit! - Part 1

The jury in a recent Missouri lawsuit awarded $1.78 billion, contending that commission-sharing (with a buyer’s agent via the MLS) makes selling more expensive for home sellers! Buyer’s agents are not working pro bono, so whatever the cost, it will simply get transferred to the buyer, out-of-pocket. The buyer will then have that much less money to spend on the home and the sellers contract price will be decreased accordingly, all other things being equal. For poorer folks, several thousand dollars of out-of-pocket costs could sink their home-buying ship.

Awarding damages to home sellers who have signed legally binding contracts and received the benefits therefrom, seems radical! But if this occurs, hundreds of thousands of home buyers may well have signed buyer-broker agreements in which they agreed to pay their agent a compensation if the seller did not. So buyers could, individually, be made to pay the damages: This could produce hundreds of thousands of lawsuits, with hundreds of thousands of unhappy buyers, but hundreds of thousands of happy lawyers, who likely cannot provide an effective defense. But don’t celebrate yet: Several additional lawsuits are likely and appeals could take years.

Further, there are severe penalties for agents and companies who try to rig compensation. We are not making this stuff up: The FTC (Federal Trade Commission) enforces the Sherman Antitrust Act relating to price-fixing. Is the FTC mounting prosecutions, or are they asleep at the switch? With few indictments, will civil suits have a hard time?
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How the market really works

The folks at ShowingTime started tracking daily real estate showings in 2020 to measure the effect of COVID, and they continue tracking today. Their data reveals that real estate showings increase for about the first 16 weeks of each year, then gradually decrease until December. Each year’s showings are measured relative to the beginning of the year. If you've ever wondered, showings take significant dips around Easter, Memorial Day, the 4th of July, Labor Day, Thanksgiving, and Christmas. The most significant dip is Thanksgiving. Showings obviously represent home buyer interest in the market. Check it out for yourself at showingtime.com

A peak in showings produces a peak in contracts about 2 to 4 weeks later. A peak in contracts produces a peak in closings about 4 to 6 weeks after the contracts peak. Closings peak in late June or early July, which is about 2 months after the peak in showings. A focus on real estate closings has resulted in many believing they should put their home on the market when the “kids are out of school,” which is actually 4 or 5 months too late.

If you're selling a home, you should obviously put it on the market before the annual peak in buyer interest! All things considered, mid-February is suggested because March is the best month for home sellers. It is important to note that this discussion treats only demand and that the year 2020 has been disregarded. Remember that months supply, aka the market index, is the most important statistic for home buyers and sellers because it includes the supply factor.
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What can go wrong when selling your home?

The problems detailed in this three-part series occur infrequently, but they do occur often enough to be given names and to be addressed in the National Association of Realtors Code of Ethics and in State laws. Thousands of agents are running loose out there, and most of them are trying to do a good job. But many of the problems noted are serious, and you are your first line of defense. A lot can go wrong in the best of transactions, so take care to obviate the potential problems detailed. Remember, trust heads the list of critical factors in agent selection. 9 Critical Factors in Agent Selection. Seller beware!

A few have been granted complete real estate expertise genetically at birth: You know who you are. If you are not a member of that population and wonder what might go wrong when you’re selling your home, read on . . .

Part 3: Sins of omission — What your agent doesn't know can hurt you.

  1. In our regional MLS system, days on the market (DOM) figures were grossly incorrect for over a year. What's worse, there was no information advising about this serious problem. A few clever agents recognized the problem, but most kept parroting the misleading figures, albeit unknowingly. Bright MLS finally corrected its DOM.
  2. Other MLS glitches made the effective entry of a home's garage, almost impossible. Many agents never recognized this, as again, it was not publicized. Condo sellers beware! Will your agent notice and correct such misinformation?
  3. When your home hits the market, ask your agent to give you the printout that buyers see in the public MLS. Also ask for the printout that other agents see, which will show the commission you are offering to them. (See item #1 in Part 2 of this series.)
  4. Make sure that your listing shows up in realtor.com, Zillow, and a search site offered by a local broker who isn't yours. If you discover a significant problem, ask your agent to cancel your listing immediately. Most agents will cancel a listing upon request.
  5. If your home languishes on the market, it is critical to recognize when a price decrease is needed. Many factors must be examined, and your agent's expertise is indispensable. If you listed your home with the agent who recommended the highest price, such discussions need to be more forceful and arise sooner rather than later! Does your home need a price reduction?
  6. Many potential problems can be nipped in the bud when interviewing prospective agents. But you cannot confirm you have selected the best agent until you are negotiating offers. That is where the rubber meets the road. Some sellers will never recognize a poor result and will happily cruise into oblivion. The good news: It’s only money. Maybe those sellers got a discount on their brain surgery too.

Hundreds of important decisions must be made in the marketing of your home. Most will be made by your agent without consulting you. You need an agent with experience, good judgment, and honesty in making every single one of those decisions. Every agent knows it is in their best interest to get an offer signed now and go to closing as soon as possible: The alternative can be waiting additional weeks or months to get paid, or worse, losing the listing altogether. Be sure your agent provides fiduciary care: You first! Trust is the number one item on the agent criteria list; without it, you are lost. See 12 Interviewing Mistakes to Avoid.

Click here for Part 1 What to sort out before listing your home. Part 2 is below.
See the free online $elling Your Home book which includes 3 sections of questions for your prospective agents.
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What can go wrong when selling your home?

Part 2: Sins of commission — Who gets what? Immoral? Illegal?

  1. Review the compensation section of your listing agreement to see whether a competitive commission is being offered to entice other agents to show and sell your home. Of course, you are concerned with the total commission you pay, but the commission split is much more important: The total commission is split between your listing agent and the agent who finds your buyer, often 50% each. But some clever agents might be getting a 6% total commission, for example, and offering only 2% to other agents, leaving 4% for themselves. See Item 12. Broker Compensation B. Cooperating Broker in your listing agreement!
  2. Ask when the commission is paid. Some firms ask to be paid upfront whether they find a buyer or not. Others might want to be paid for finding a buyer whether you get to closing or not.
  3. Many variations exist on the pocket listing idea, all aimed at your listing agent personally finding the buyer and therefore ending up with the total commission instead of just half. An agent accomplishes this by limiting your home's full market exposure, to which you're entitled, often without your knowledge or consent. The easiest way for your agent to do this is by simply not entering your listing into the MLS: This is blatant! Other variations include an off-MLS listing or an office-exclusive listing.
  4. There's no earthly reason for your agent to keep your home out of the MLS until their first open house. And some agents have figured out how to obtain the total commission by limiting open house visitors to those without an agent. Remember, most serious buyers do have an agent and are financially qualified to buy. Any attempt to limit your market exposure will hinder your outcome.
  5. When you interview agents, ask how often they found the buyer for their own listings. Be wary of an answer that is more than 1 out of 10. It suggests a practice of pocket listings or other chicanery.
  6. A few agents will guarantee to personally buy your home if it does not sell. But at what price? You should get an upfront commitment in writing. (Good luck.) Some of these agents make lots of money by stealing their client's homes. This type of arrangement provides a dangerous incentive for an agent to avoid providing your home adequate market exposure.

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What can go wrong when selling your home?

Part 1: What to sort out before listing your home

  1. To accurately estimate the value of your home, the method used by State-licensed appraisers is required. A "cookbook" table from the MLS, a Zestimate, or your tax assessment are NOT acceptable substitutes. And don’t get bamboozled by an agent who suggests listing your home for too high a price. The most important determinant of your final selling price is how your negotiations are handled, not your initial asking price.
  2. You'll gain a little-known advantage by pricing your home on a round number exactly. You are not selling gasoline, ground beef, or used cars. Remember that the home selling market is uniquely driven by computer searches. Round Number Pricing: 9 out of 10 agents don't understand this. Check it out!
  3. Don’t get buffaloed by offers a very low commission. You might be offered an ultra-low commission if your agent personally finds your buyer, but the theoretical likelihood of that is about 1 sale in 25 million. In practice, it probably occurs more often, maybe 1 sale in 2,000: Not great odds. You can ask questions, but remember that prevaricating is standard practice in our society. You need an agent to market your home, NOT to personally find your buyer! And remember that commission rates are not set by anybody or any body. They are set by negotiation between you and the broker, which strictly speaking is the real estate firm.
  4. When you're interviewing agents and one says, “I've already got your buyer.” The translation is: I really want to get the selling part of the commission in addition to my listing part. Don't provide the incentive for an agent to push you into accepting their buyer and forget about adequate market exposure: List with someone else. If that agent does have your buyer-in-waiting, be assured they will be on your doorstep as soon as your home is listed, no matter who you list your home with. You'll also learn what the entire market is willing to pay.
  5. Modern electronic lockboxes, or key safes, cost more than $100. Some agents save money by using combination lockboxes that cost only $15. These lack important communication features, but worse, some can be hacked (opened easily) using methods readily available on the internet. Google "hack a lockbox" and check this out.
  6. Don't be swayed by an agent’s claims of effectiveness for their signs, advertisements, brochures, or open houses. The effectiveness of these methods is usually supported by anecdotal evidence only. Although any of these things will snare a buyer on occasion, their combined effectiveness is not worth a plug nickel. Your buyer will come with another agent as a result of the information published by your agent in the MLS. Hire an agent who understands this and hasn't consumed their own excrement.
  7. If you hire a team, your most important advice might be coming from a less experienced team member. Cut out the middleman: Access to timely expertise can be critical, so be sure you get the best.

Got some spare time? Need some cash?
December 2022

Click this LINK to a blast from the past.

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The truth about home prices
November 2022

Three cheers for our free-market economy and the wisdom of the crowds. In order to fight inflation, some of which is merely due to economic, logistical, and statistical aberrations related to COVID-19; the Fed (Federal Reserve) has been increasing short-term interest rates and selling its inventory of government bonds and mortgage-backed securities. This latter action is referred to as quantitative tightening which affects government bond yields and mortgage rates. The Fed's inflation fight is partly aimed at destroying our healthy job market and home prices. While there is concern that Fed actions could produce a recession, they should keep in mind that recessions do not necessarily result in home price declines.

One might wonder why the Fed should be monkeying around with a healthy job market, but let’s examine home prices a bit more closely. Think: Wisdom of the crowds. Home prices are established by millions of individual buyers and sellers each dealing in their own local market. Remember, there is NO national real estate market. The price wishes of sellers don't matter. If sellers ask too much no one will buy. The sky is not the limit for prices buyers will pay, especially for those who need a mortgage. Further, buyers visit many homes before buying. In short, buyers and sellers are making informed personal financial decisions with no interest in creating sound bites for a TV show.

Opinions on home a pricing from national experts, real estate commentators, the media, the Fed, real estate agents, and others are merely opinions. Those with any sense at all do not pretend to know, or try to decide for us, where home prices should be. Reasonably accurate home price averages are available, but why should we even care? Free-market forces are determining every transaction and consequently the averages. History or prognostications be damned: All that is left is the "here and now." Anyone who has an opinion or wants to mess with the free market, including the Fed, should just shut up!
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Negotiating a contract price when selling
August 2022

If your agent knows what to do, and how and when to do it, and you obtain an optimal result: Congratulations! If you receive multiple offers: Enjoy! If you get a strong offer close to your asking price, you're on a roll. If you receive an unacceptable offer, you should negotiate. This is when you'll find out whether you have selected the right agent.

What can happen? Lots!