It should be clear by now that your world has changed – probably in very significant ways and likely forever. Sure, these changes are not hard to understand, given the worst economic climate in our lifetime. But are we just a victim of the times? No. We are also a victim of our own slowness to change. We will change, but it is a certainty that the industry in general and brokerages specifically will be forever changed in very dramatic ways as a result of these times and the convergence of several factors outside our control, whether we elect to modify our strategy or not.

It is my belief that our business has already evolved and will continue to do so to such a degree that nothing will be the same when we look back three years from now. One school of thought tells us that most brokerages today have not made proactive changes to be in position when the market returns to some form of normalcy. We seem to be too locked into reaction to our immediate problem: survival!
- Internet data availability and interpretation
- Off-shore competition (e.g. automobiles, technology, telemarketing)
- Bad management and poor financial decisions (such as banking, investment, automobiles)
- New online competition ( e.g. travel agencies)
- Empowered consumers (a good thing)
- Economic downturn (said politely)
- And more
Our industry is, however, particularly vulnerable. Since most of our practitioners are entrepreneurs; that is to say they make their living based solely on their success in closing transactions, we are experiencing changes the likes of which we have never seen before. A large percentage of the agent population that came into the industry during the heady times of 1999 through 2006 have watched their income shrink to near zero. As a result, many have taken other jobs – often without letting their broker know about it. This is the growing “phantom agent” population that is becoming the bane of the industry.
- According to Lawrence Yun, Chief Economist for NAR: “Pending and closed sales both reflect distressed sales of short-sales (those home sales where the mortgage loan cannot be fully repaid) and foreclosures. If it is in the multiple-listing service (MLS) then it is captured. If sales are occurring outside the MLS such as some of the auction sales and bank-owned REOs then it is not captured in our data. Based on a survey of REALTORS® in August regarding their most recent transaction, we estimate that about 40 percent of home sales are distressed sales.” This from his commentary of 10/28/08
- The level of distressed sales will grow, adding to the problem. These sales are controlled by banks, lenders and loan service companies. Didn’t we just spend the past several years trying to keep them out of real estate?
- Our retained-earning capacity has dropped through the floorboards. This is partly a result of steep declines in sales prices, with outside and inside competition driving commissions downward and an ever-increasing cost of doing business.
- Availability of data and listings has enabled the consumer to take a much more active role in the sale and purchase of real estate. This consumer involvement is a good thing. We all like informed consumers. On the other hand, they give us an almost obligatory need to reduce fees for those who take such an active role. As an example, we are seeing more and more that consumers are no longer shy about asking for rebates, discounts and many are willing to work directly with listing agents so they can get a large portion of the buyer agent commission for themselves. This trend shows little or no sign of retreat.
- Third-party participants (aka non-traditional brokerage) have gained strength. Economy notwithstanding, several outside entities have come on the scene in such a way and with enough initial success that we need to open our eyes to the fact that consumers are more than willing to embrace new business models! Although it is true that these economic times have taken their toll on everyone (including these new-model companies), we have seen enough in the few years they have been in existence to tell us that they are here to stay. This includes models like the home valuation model (Zillow, etc), consumer-participative models (Redfin, etc) and many more. It is very clear, consumers like choice in how they work with us!
Too many of us either practice business with such a strong case of denial or we recoil from the sheer amount of change required that we may never be able to admit that the way we always worked will no longer be acceptable.
Competition to attract and retain competent and committed agents will be at an all-time high. Fewer licenses are being renewed now. Far fewer will be renewed in the coming years. As our ranks shrink, our need to retain and recruit will be more important than ever before. We will no longer be able to rely on the things that worked for us in the past. Agents and brokers will now be looking for those companies who offer them more and newer ways to make a living. Being open to the consulting model is just one of those methods. Any attempt to hold the line on what we today consider to be full service will tell agents that you are inflexible and unwilling to let them venture into the new business model.
You must practice transparency! Consumers need to know what they are paying for, what their options are. Agents need to know that it is alright to become consumer-centered. Our business model will never go back to the one that served us for the past one hundred years. You either adapt or see the same shrinking market experienced by so many other industries who tried to ignore these changes away. Denial will not work.
A world full of informed consumers making informed decisions to enter into mutually-beneficial business relationships is where we need to be heading. If we invest our time, money and energy in restructuring our own business to allow for consumer-directed offerings that make consumer-based informed choice possible, we will be doing the right thing. If not, they will surely get it somewhere else.
Jack Harper is a longtime REALTOR and author who is an avid proponent of the consulting model in today's real estate market. He believes that providing fair and professional service and being paid a fair and reasonable fee for those servces every time I am engaged by a client, whether there is a sale involved or not. He advocates allowing the consumer to have full choice in terms of the services and is an evangelist for the consultoing model.
Check out the RealTown Consulting Group for more information and to ask questions.



















Comments
Comment by: Judi Bryan
- Dec 2, 2008 5:30:05 PMJack...
EXCELLENT article. I hope thousands of agents and brokers read this and really listen to the message. We've been saying it for years, "if we don't change our industry to be more responsive to the conumer, someone else will...and we will no doubt not like what those changes are!".
It seems to me the "handwriting is not just on the wall....it's everywhere we look!" It's on the web, in our inbox, in the news....consumer's want what we've never offered - transparency! They want to know and understand what they are paying and what they are paying for! The commission model being offered as the only option has never reasonated with the consumer. They've never understood why the owner of a $300,000 home had to pay 3 times as much as the owner of a $100,000 home. Did the agent work 3 times as hard? Did they spend 3 times as much on marketing? Where was the logic.
What we've never focused on is the impact of risk in all of this. IF the consumer chooses to pay by commission, and IF they choose to pay all of it only upon successful close of escrow, they need to understand there is a premium attached to that choice .... it's risk mitigation.
I do take a bit of exception to your conclusion about minimum standards, however. Being in Illiois, which is one of the states where "minimum standards" has been adopted. I'll say categorically it does nothing whatever to "protect" the old model, at least as practiced here. In our minimum standard, the bar is set so very low, Basically it says that all exclusive brokerage agreements must specify that the broker: (1) accept delivery of and present to the client offers and counter-offers; (2) assist the client in developing, communicating, negotiating, and presenting offers, counter offers, and notices, and (3) answer the client’s questions relating to the offers, counter-offers, notices, and contingencies. Exclusive Agency agreements don't even include such language. Unfortunately, even on Exclusive Right to Sell arrangements, I've seen very broad interpretation of those responsibilities. To some, "accepting delivery" of an offer means the listing agent forwards the faxed offer from the buyer's agent and directs the buyer's agent to call the seller directly. Sad commentary!
Unfortunately, the result is that the consumer is shortchanged ... and the industry is as well. Without that "transparency", the consumer is left to believe that all agents are alike...offering varied assortments of lists of activites, so the best thing to do is to shop for the cheapest price on the best list ... just as you would shop for a pair of shoes or a muffler. Only when the consumer understands what they are paying for (which means only when we remove the cloak of mystery around our business and offer alternatives that actually make sense to the consumer), will we be able to rescue our industry from the clutches of those determined to fill the gap we ourselves have created between what that consumer wants and what we are willing to provide!
The operative question is "are we already too late?" And if I might add one more thought ... if we are not part of the solution, we ARE part of the problem!
Thanks again, Jack, for the fabulous post!
Comment by: Fred Hibbert
- Dec 2, 2008 6:57:44 PMJack-
I thought your article was very interesting. You did a great job reminding us of the many changes that have already taken place in the Real Estate Market. We are in the middle of an economic slowdown and this is going to force some changes in the business model. History tells us that predicting the future is like herding kittens- We really don't know where Real Estate Market is going.
Fred
Comment by: E. Lacerda
- Dec 3, 2008 2:59:46 AM...premium attached to that choice .... it's risk mitigation.
That is the language that I can't see in those $299 flat fee (even $199), but consumer don't know that, it will take some years of well known law suits to make the public aware of a real estate agent real value.
I am definitelly moving to a new model, but I want to make sure my client understand where my real value resides.
I was trying to explain to a client the difference between "represent" her and "assist" her in the selling of her home. Am I having a problem with semantics or there is no such distinction?
What really mean "consulting"?
E.Lacerda
www.213-5050.com
Comment by: Lee Bowman
- Dec 3, 2008 5:10:01 AMAs usual Jack...you're way ahead of the curve; however, you did not
discuss the large hole that will appear in the USS NAR boat with all these Realtors leaving the business....without dues dollars NAR is going to be in real trouble right along with reluctant-to-embrace-change Licensees. Could Bill Chee have really been that smart?
Comment by: Janet Livingston
- Dec 3, 2008 7:38:13 AMJack
Very well written article and time is of the essence for real estate professionals to make a major shift in redefining their organizations. Agents specializing in bank owned properties have a steady stream of listings coming in however, they are working for far fewer dollars than in the past. The traditional resale agent has very little to tap as far as listings go. Sure every now and then a buyer closes a sale with them, but then where does that agent's business go ? Many agents are not able to generate listing business at this time because they have no contacts with banks or servicing reps. Without listings that can sell, those agents seem to be nearly out of business.
What is a solution for the many real estate professionals at this time who have spent many years in their careers and can't quit and go to work elsewhere? I find this to be a challange that I have never seen before in the industry. As a broker I can only show agents that prospecting FSBO's and expired listings to find a truely motivated seller is still something that works today. Passing out 25 cards a day to everyone you meet is still valuable as is social networking. Online websites provide great exposure for so many opportunities today with nearly 130 million homes across this nation and over 300 million people, this challange can be met by the realtors who believe and adapt.
Janet Livingston
Broker Atlanta Ga
Comment by: John Rainville, Broker
- Dec 4, 2008 4:32:39 AMJanet:
I hear you loud and clear. The world has changed. My firm is designd to allow agetns to work from anywhere including three regional offices covering 12 counties in Pennsylvania.
I hear you on the REO's at one time several years ago we worked with many, but got tired of the shrinking return and the 3rd parties fighting us for our expense reimbursements.
From my seat, since June of 2007 we have been reducing fixed overhead to the "bone". Agents, don't want to "understand" tha the "house" is hurting as much if not more than they are. ?Yet, they want more---back in "my day" an agetn got a 50/50 split and WORKED to get more. Now, we have modles that have forced us to go to a 70/30 split --- OUCH!
"What is a solution for the many real estate professionals at this time who have spent many years in their careers and can't quit and go to work elsewhere?" that my dear is the $64,000 question!
I, like you am doing the same ..."I can only show agents that prospecting FSBO's and expired listings to find a truely motivated seller is still something that works today. Passing out 25 cards a day to everyone you meet is still valuable as is social networking".
I am holding a brainstorming session with my agents that will have enough gas to show up on Friday. My thoughg tis to ask each one two things:
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