There’s always something to howl about.

Supplanting the NAR: Can we get to a better quality of real estate representation by way of the licensing laws?

Coming back to this, with my apologies for the delay. I realized I was never going to have time for the whole feast at one sitting, so I resolved to take it on one bite at a time.

I want to examine some of the ideas and objections people have raised with respect to supplanting the NAR with a more rigorous predictor of quality representation. And: I’m being as vague as I can because, while I think we’re all interested in hearing specific ideas — or caveats about those specific ideas — I don’t think we’re anywhere near ready to erect or enact anything. In construction terms, we are not building, drafting plans, designing or even site planning. At this stage, we are talking about whether or not to build anything at all.

For what it’s worth, my natural inclination is to do nothing. For more than a year I’ve been talking about the kinds of things we do to obviate our competition. We get better day by day and they’re all standing around with their thumbs… duly engaged. Our reputation grows with every home run we hit. In the market niche we farm, we don’t need a third-party imprimatur of quality. Res ipse loquitur.

However: If we argue that there are too many would-be real estate practitioners, that many of these folks have much too little training and experience, and that buyers and sellers would have a safer and more satisfying experience if they learned to seek out higher-quality practitioners, then there is an argument to be made for creating something like an Underwriters’ Laboratories rating organization for real estate agents.

One of the commenters to my original post on this subject wrote:

If we want to eliminate half the licensees just raise the barriers to entry…require an apprenticeship…or raise the licensing fee…or make the licensing test harder…or make the continuing education harder…or all of the above. These steps alone will raise the quality of service in the industry.

These are ideas we hear all the time, of course. So why are they never ratified in law?

The real estate licensing laws are controlled by the brokers, and the brokers like our very low barriers to entry. In a 100% shop, a desk fee is a desk fee, and the broker will not hesitate to take your desk fee no matter how little you produce. In split shops, new licensees are the most profitable warm bodies, because their splits are so outrageous. This is why brokers are constantly recruiting new dupes stooges valued associates. You’ll have a mother-in-law deal or two in you before you fail, and, in the mean time, you’ll need to buy marked-up business cards, overpriced letterhead and envelopes, etc. If brokers ever propose new real estate licensing legislation, it will require you to have more teats to be milked before you go broke.

Interestingly, if we were to completely repeal the real estate licensing laws, all of the problems we’re talking about would go away in very short order. The sort of quality-rating organization we are talking about would come into existence virtually overnight. And, while people with little training and experience in real estate could lawfully broker transactions, no sane person would let them. The Minnesota Association of Realtors wants to know why the incipient failures won’t quit the business. It’s because the stupid license told them they are “professionals.”

There are three things that could happen with the real estate licensing laws:

  • They could be repealed — when hell freezes over
  • They could be fortified — when the brokers come to fear an eternally frozen afterlife
  • Or nothing of importance will change

We already know what has happened, so we already know what will happen. The only time brokers make significant changes in policies and procedures is when they incur new liability — as with the largely fake implementation of buyer brokerage.

This doesn’t mean that something else might not work, and I’ll explore other ideas on other days. But it seems certain to me that, short of repeal, nothing that is done (or, more likely, not done) with the licensing laws will make any difference in the quality of real estate representation.

 
More viewpoints, pro and con, on supplanting the NAR:

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