@Account Closed
Full disclosure: I'm not an agent. My wife maintains an agent license to have access to MLS but doesn't represent buyers or sellers, nor is she involved in purchasing investment properties. The MLS is strictly for our investment business use.
I think you have a number of misconceptions throughout the posts you made in this thread. Here are thoughts on them:
1. “50% agent to broker commission” - a Myth.
You are in Texas where we have brokers who offer a whopping $120 annual fee to hang agent's license and $99 per sale commission structure. No real financial bondage there.
2. “Agents and brokers get first dibs on properties and therefore violate their duty to clients” - a Myth.
For starters, the last time I bought a property through MLS was nearly 20 years ago. We buy everything off the market - mostly through our own research, marketing, proactively looking for distress deal opportunities and contacting property owners.
Some of the distress properties we buy I end up selling as is at below market prices by listing them in MLS, a strategy lovingly called "wholetailing" on BP. I always get 6-8 offers for these listings. After several years of doing so I acquired a good bit of data on the type of buyers who compete for these fixer opportunities in our MLS.
In my estimate, about 10% of the offers that come are from wholesale agents and brokers who are trying to get super cheap deals to turn-around and wholesale to their clients. Another 20%-30% come from agents and brokers who want to buy the deal for themselves. The remaining 60-70% come from investors whose agents found the opportunity for them to rehab. I don't see how these numbers indicate that "the public" is under-represented or under-served by brokers and agents.
3. "Make the MLS public, just like travel agents had to deal with Travelocity"
– Unlikely what public really wants.
For starters, Travelocity, Expedia and the likes appeared as a result of market demand and eventually became the industry standard. Ditto for Amazons and EBays of the World. Many industries just don’t lend themselves to this kind of model due to complexity and risks involved.
Comparing a $500 air ticket purchase with a purchase of $100K-$500K piece of real estate is plain silly. High school kids buy air tickets online these days without thinking much about it. Reality - 95% of home buyers won’t be able to navigate through legal issues and liabilities involved in buying or selling a property, fully understand contract language, disclosures, title reports, inspection reports, etc., etc.
More importantly, they don’t care to learn all of that themselves for a purchase that happens 1-3 times in a lifetime. They both desperately need and truly want industry professionals to help them explain and navigate through these murky waters. Plain and simple – general public doesn’t want to take risks and/or make a mistake with hundreds of thousands of dollars on the line. They are not forced to use agents, rather they prefer to employ professionals.
I think one of your misconceptions is assuming that access to more data will solve the problem for buyers and sellers. It's not the data and it's not the inventory of homes that is lacking. There has been some competitors to MLS in play: FSBO.com, ForSalebyOwner.com, Zillow and Trulia who attempted to provide alternative inventory and data sources.
None of them have been able to offer enough to general public to shake the MLS position as the industry standard. Some big providers like Zillow have nearly the same data as MLS, or at least have the ability to get some of the same data. What they lack is the service element MLS offers to the public through its brokerage community.
Even within the brokerage community there is significant variety. For instance, in Texas you have a service called Listing Spark that allows any seller to list a property in MLS for $7/day. On a $300K property a 3% listing agent commission is $9,000. Compare this with a $630 listing fee for 3 months through Listing Spark - one could save nearly all of that $9,000.
However, guess what? Hardly any consumers ("the public") use it presently because it's just a listing service without any representation. Only investors who have enough confidence to represent themselves are using it.
Bottom line – for John Q Public the best way to sell a property is still sticking it in MLS and having agent representation. And consumer's favorite way to buy a property is still doing some upfront online research on realtor.com or the likes, calling a real estate agent, providing him a criteria and touring with an agent to view the houses. This isn't going to change via a public policy. Only by creating a better alternative to buy and sell properties. I don't see one in sight yet.
Then there are items ##3-6 on your list.
#3. “Install hourly pay to agents and kill commission as a % of sales price. “
Out of every 10 people who use agents to show them houses for sale there may be only 2-4 actually buying. The rest either postpone a purchase or are just lookers. Make general public pay hourly for going to look at houses and for the upfront research the agents do on their behalf - and you will likely significantly dampen the market if not kill it altogether.
#4 & #5 on your list are pure discrimination.
The right to buy and own real property is one of the very fundamental rights in this country. You can’t take it away from anyone, whether licensed or not. As far as industry abusers, every state has a regulatory board or commission that oversees practices of licensed agents and brokers. They have procedures to review complaints against them, fine violators and even revoke licenses. For bigger abusers there are AGs too.
#6. “Require the real estate industry to provide to the public the same sales contract and leasing templates as used by realtors.”
These contracts have been developed, modified and are continuously updated based on changes in the law and litigation cases in real estate industry. That ongoing legal work is being done by lawyers on payroll of various boards of realtors or associations of realtors for the use by realtors and their clients. Given the number of various contracts, forms, and other documents available to realtors – it’s an enormous body of legal work done at a significant ongoing cost.
Mandating that contracts developed by various associations of realtors, i.e., funded by realtor’s dues, are to be passed to the general public is out of the question.
On the other hand TREC (Texas Real Estate Commission), our state’s real estate industry regulatory organ, is funded with public money. They do have lawyers who work on contracts. They do provide a substantial number (30+) of contracts and forms you can get from their website and use for your personal real estate transactions without having to go to a real estate agent. In fact, the main 1-4 Family Purchase and Sale Agreement used by all realtors in the state of Texas is developed and updated by TREC, and it’s free for the public to use. Here is the link to their contract page:
https://www.trec.texas.gov/agency-information/form...
In closing…
Based on some other posts you made in the Austin Real Estate Forum on BP, it appears you might be having a tough time to get going with your investing career. Perhaps, that’s what makes you feel like the odds are stacked up against you, the industry is flawed and needs to be changed.
My advice – look up Jim Rohn’s lectures on YouTube and listen through a few of them. He is an old-timer from the 80s who talks at length about the “system”, the status quo in metaphoric terms. The system doesn’t change, the system is ALL we have to work with. We all have the same basics to work with - 4 seasons in a year, 12 months, 7 days a week, day and night.
No system is perfect. Neither is real estate industry – but it is ALL you got to work with. If you don’t like it, you might try another industry. It’s not that flawed as to stop you or anyone else from succeeding in it. It isn’t easy to break into, especially when the market is actively growing. Everybody wants a piece of that growth and profits.
It’s working on your personal skills to make use of the system is what makes people successful. In our industry you have to learn to navigate trends in the local market, laws, set of strategies to work the market to create profits, address capital requirements, cash flow, etc. Investors who are successful today, whether licensed or not, have put in the time, work and paid their dues. Yes, you too can join them.
Caveat - they haven’t come up with shortcuts for perfecting one’s skills yet. It takes time, patience, persistence and a lot of work. The clarity and confidence to act usually come after you put in that time.