There’s always something to howl about.

Another real estate model, a less-radical variation on a current theme that can work within the present regulatory context: A national franchise of real estate franchisors, each of whom is committed to sustaining the value of the brand

I read Rob Hahn’s ideas about brokerage-as-law-firm last week. I thought that much was kind of naive — a reflection of a lack of understanding the legal realities of real estate brokerage — but I didn’t jump in because I thought some of his other ideas were interesting.

Here’s the problem: A law firm is based on 1040 employment. The real estate brokerage safe harbor makes it extremely beneficial for brokers to have nothing but 1099 employees. There is no reason to expect that to change unless the IRS removes the safe harbor — three weeks after hell has frozen over.

The Team model works, but it’s inherently small-time.

Branding could work — but doesn’t — because the independent contractor status of agents dilutes the brand to homeopathic concentrations.

Hard-branding like Bloodhound does can only work with very strict control. Redfin has this — but it also has 1040 employees.

All that notwithstanding, present-day brokers are at risk of being wiped out at any minute by several liability — the designated broker is responsible for every idiot he puts out on the street.

Here’s a solution that makes sense to me:

The ideal case would be to get rid of licensing altogether, to get rid of the broker’s level of licensing or to get rid of the salesperson’s level of licensing and call everyone a broker, but none of that is necessary.

Instead, imagine an IntegratedRealty.com business entity that consists of a franchised brand for fly-you-own-flag brokers or brokerage entities. As the owner of IntegratedRealty.com, I franchise the brand and require certain standards and practices from the franchisees. I maintain offices, so, to all appearances to the public, we’re just like Realty Executives. Except that I am not anyone’s broker, and each individual franchised broker is the head of his or her own Team. They write and own their own contracts, and they’re free to sever their relationship with IntegratedRealty.com per the terms of our contract, with their representation contracts going along with them.

This could be rolled out city-by-city, like Realty Executives, or cross-competitively like RE/Max. Each new instance of IntegratedRealty.com could itself be a franchise, so you could build a national franchise of franchisors, each of whom is committed to sustaining the value of the brand. In 1040 businesses, the formal name for this is: “Middle management.”

Rob’s ideas about high-level CRM could come into play, with referral fees to account for who gets what. The individual brokers get the value of the branding, along with franchise-like advice on successful business models. IntegratedRealty.com gets the kind of whatever-it-takes efforts never seen in 1040 employees. And the owner of IntegratedRealty.com is liable only for his own errors.

This is something that could work in the present context. It’s once better than RE/Max or Realty Executives because it separates the owner of the brand from the legal liability of poor representation.

I’m not looking to shoot anyone down. I’m fascinated by this discussion, have been for months. I want to start thinking about it in hard nuts-and-bolts terms. I am by far the most radical libertarian anyone here will ever meet — and I know this because I know everyone in my neighborhood on the Nolan Chart. But as wonderful as ideals might be, there is no reason to expect the laws oppressing us to change anytime soon. The challenge for the practical libertarian is to build the best incentive-based business models that can be achieved in the present context.

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