There’s always something to howl about.

Jay Reifert Is Tired Of NAR Hiding The Truth

Good news, Jay, I’ll take this one for $200.00. I doubt that Laurie Janik is going to respond to you (as – per you – they have “something to hide”):

You’re a riot, Steve. My contract is a proprietary document, built out of years worth of my research, experience and fine tuning. Why don’t you ask Coca Cola to post their secret recipe here? I have no intention of putting it out here for you, and your kind, to copy.

Why don’t you call Laurie Janik, General Counsel of the National Association of Realtors? over at NAR headquarters in Chicago and ask Laurie to do something about me? I am just spoiling to
get this fight into the public eye, so that the abuses endemic with Procuring Cause, the silent theft of home buyer rights,will come to the forefront of consumer consciousness.

I have no qualms, whatsoever, about the truth of this situation getting out. Unlike NAR…I have nothing to hide.

The buyer agent document you use is a SECRET that you won’t share with other agents? And you think that you are being ignored by Laurie Janik because “NAR has something to hide”? What a self-important gas bag you are. Please allow me to let a little of the air out. And to answer your burning question, yes Jay, I did Google “procuring cause””reifert”. Anyone who cares to can just hit the hyperlink.

I found your views and attitudes so self centered and oblivious of how the world works (the one everybody else lives in) that – before I reply – I am including your comments on Bloodhound Blog here in their entirety.

Thank you for the kind words, Trevor. The Procuring Cause that is of importance, here, is Realtor? Procuring Cause, hereafter–in this post–PC. Although there is a legal doctrine of procuring cause, that isn’t the breed of which any of us speak, when talking about PC. NAR hands down the guidelines on PC arbitrations, but it is up to each panel–very often composed of hard core PC trappers–to interpret the events which will determine who is actually PC in any given transaction.When buyers had no option of buyer agency…when all agents represented the seller, PC had a valid place in the world of real estate.Now, though, PC steals from buyers and buyer agents and it also steals from sellers and limited service brokers. (The latter is a story for another day, but goes like this–in brief–limited service seller sells property to [he thinks] unfettered buyer. Closing takes place. Agent comes out of nowhere, files PC case against limited service broker. Limited service broker, who had no clue about who had shown the property, loses the PC case and seventeen THOUSAND dollars. Too bad he only collected five hundred dollars in fee income.)

PC is bad for buyers. It is bad for buyer agents. It is bad for sellers, in that licensees may steer buyers away from homes that could generate PC claims. It is bad for limited service brokers.

PC is anticompetitive, in that its nondisclosure keeps buyers from making choices that could have saved them money, if they had only known of the importance of choosing an agent BEFORE they unwittingly obligated themselves.

I have a situation, right now, where a buyer has come to me after having found a home online which she then looked at with the listing agent. She had no idea that she was creating an obligation by meeting with the listing agent. (An agent who owes the seller the duty to seek the highest price at the best possible terms.)

After that viewing, she did what any number of prudent home buyers would do, and began researching process on the internet. As such, she discovered my site, and the concept of exclusive buyer agency.

While I will still offer her representation, subject to her willingness to help me try and break the chain of procuring cause, she stands to lose a couple thousand dollars in benefits I would have offered, had she not been trapped by PC.

Under normal circumstances, I would give this buyer discounts that could come close to two thousand dollars. However, given that I could be brought before a PC panel and lose the entire fee I would earn…I cannot–indeed, will not–give a client monies that would then, if I lost the PC case, come out of my own pocket. (In other words, I’m not going to do all of the important work, take on all the liability and then lose my fee AND give the buyer two thousand of my own dollars, besides.)

So, who potentially loses here? The buyer, who will likely pay more for the property than if I were involved and who loses the benefit of the discounts I would ordinarily provide.

I, of course, as a true buyer agent, lose, too, in that I may not get paid anything for what I do. And, if that happens enough times, then it becomes harder and harder to justify taking the risk.

And this is not an unusual event. It, or similar situations, happens hundreds of times–every day–across the good ol’ USA. It’s just that most licensees benefit from the trap, and therefore figure it all evens out.

Wonder what buyers are going to think, when they finally learn of this nifty little concept. Do you suppose consumer confidence in Realtors? will rise, or fall?

Oh, well…time to give my keyboard a rest. If anyone wants to really jump into the procuring cause thing, go to http://www.google.com and put the following in quotes, just like you see it here: “procuring cause””reifert” . Not all that long ago, I was trying to get my procuring cause brochure to propagate across the usenet archive at Google Groups and ended up getting into some futile, but sometimes interesting, running gun battles with some hard core ordinary real estate agents.Thanks again…Jay Reifert, Broker/Owner
Excel-Exclusive Buyer Agency
Madison, Wisconsin

Procuring Cause WAS a good thing but now it isn’t because buyers are losing out on the remarkable benefits of doing business WITH YOU? You seem to think of NAR as some giant Borg that makes local associations do things that are NAR’s bidding. And the local people who sit on the Procuring Cause panel as “hard core PC trappers” – like they were out to get you. Did it ever occur to you that they are all well-intentioned volunteers who are wanting to make a genuine contribution to the group they are a member of?

The various “rules” that NAR passes and sends to the local and state associations are to promote the general welfare and survival of ALL OF THE MEMBERS. Has NAR done things that I thought were stupid and short-sighted? Sure. Has my local association, Phoenix Association of Realtors done things that I intensely disliked? Again a big YES. What would you think my reaction was when my association did away with recognizing the top producers? I personally got about 80 top Realtors to show up or write letters – we offered to pay for everything. The agents who were most interested in seeing it continue were – like myself – already “retired from competition” (5 consecutive years in the top 1%). I thought it was stupid thing they did and I felt the President, at that time, Fred LaBell was rude and arrogant towards us. But the PAR board members felt that recognizing just those top agents “wasn’t good” for the general membership.
NAR did the same thing. There used to be the TOP 100 Realtors – based on sides and the TOP 100 Realtors – based on volume. Well, there were people who complained and found it “unfair”. So it became the TOP 100 Single Agents and the TOP 100 TEAMS and on and on. Finally, it got to be too much for them to screw with and they did away with it. So I think they were cowards to not stand up to the crybaby agents who complained the “competition wasn’t fair”. Oh well. But I never did think that any of these people had “something to hide”. Nor do I believe they were wanting to be “unfair”. Quite the contrary – they were trying to do (from their viewpoint) everything they could to BE FAIR (to everyone).

The rules that “come down” from NAR are the solutions to the problems that were “sent up” to them by the local associations. Unfortunately for me, my local association isn’t run on the basis of, “What Would Russell Shaw Want Us To Do”. Would I like it if it were? Sure. I personally LIKE my decisions a lot. You are having the same problem: the Wisconsin association and the Madison association isn’t run on the basis of, “What Would Jay Reifert Want Us To Do”.
But in this instance, I would have side with the people you think of as “hard core PC trappers” . The very idea that it would be alright for you (or any agent) to “help someone buy the house” when they already found it without you through another agent seems like a criminal viewpoint to me. If it was you sitting on that Procuring Cause panel – would you vote to reward a poacher? Some other agent got them to the house or showed it to them and now “here is Jay to give them a discount if they would only use him”. What – really – is the difference between that and shoplifting? In both cases you are taking something that does not belong to you. You can say, “Well I am offering the consumer a discount – I’ll give them part of the commission back”. Only it would be a commission you did not earn. If you had your way there would be Realtors running ads that said, “After you find what you want with some other agent, call me and I’ll write it up for you – but I’ll give you some of
the commission back”.

How about the poor “limited service seller sells property to [he thinks] unfettered buyer. Closing takes place. Agent comes out of nowhere, files PC case against limited service broker. Limited service broker, who had no clue about who had shown the property, loses the PC case and seventeen THOUSAND dollars. Too bad he only collected five hundred dollars in fee income.”

What in the hell is that agent doing NOT checking to see how the buyer found out about the house? You seem to think that agent got a raw deal. I don’t. I think they got off easy. If someone called my office and wanted to buy a house (that we had not shown them) the very FIRST question we would ask them is “how did you find out about this property?” If someone wants to play a game – any game – they sure better learn the rules of that game. None of this has anything to do with how much the agent is charging. But that is always the issue the crybaby companies and agents love to bring up – like “traditional agents” are against us because we are taking business away from them because we charge less. Bullshit. Anybody can charge any amount (work for free if they like) they want to on any transaction they desire. They won’t hear any complaints from me about it. And show me some “traditional agent” attacking some agent or company based on “what
they charge” and I’ll go after them. I don’t care what anybody charges. There will always be people charging less than I charge – I have no intention of “beating them on price” or even competing on that basis. But to attempt to set up a business model that is based on STEALING from others and attempting to position it as a “consumer benefit” kind of rubs me the wrong way.

This little jewel of a post (I did use Google, Jay) you had here:

Buyers, though, are screwed over by Procuring Cause, PC, all the time. Here’s how it works: They go out looking at homes,willy nilly, not having any idea that they are creating bligations to any licensees. (The Secret Contract.) They find a house. Then, they begin researching their next steps.As part of their research, they discover buyer agency. Then,they start interviewing buyer agents. Then, they discover that the buyer agents are afraid to touch them, because they have already seen the home they think they want to pursue and the buyer agent doesn’t want to risk losing his/her fee to another licensee who may file a Procuring Cause claim.Hence, the buyer–due to no fault on their own part, as PC has NEVER been disclosed to them–loses their right to representation. It happens all the time. Theft of buyer rights. It’s heinous.

It is heinous, Jay. Unbelievablely heinous that you are openly promoting the idea that it is right to steal from your fellow Realtors. You should consider yourself lucky that Laurie Janik didn’t report you to a really proactive Procuring Cause Panel – one that would come after agents who were intending to rip off others.

Not to worry, it won’t matter now: BloodhoundBlog is here.

smilingdog