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October 2007
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Last week, the Department of Justice started their own web site for consumers. Among other things, consumers can click on
a state (displayed in a map of the United States) and find out if the state offers choices for consumers, and if the real
estate agent can rebate 'some or all' of the commission back to the consumer. DOJ and NAR have been locked into a battle
of wills on a couple fronts for some time. The DOJ is of the opinion that consumers do not have enough choices in terms of
services (or minimum) services that licensees provide, and that 'minimum service' laws are contrary to the consumer's best
interests. NAR, and many licensees, feel that real estate is an infrequent transaction, and that consumers are best served
by having an agent who has minimal levels of duties and responsibilities to him or her. My observation today, short and
sweet: all the license laws we now have were enacted, originally, to protect the consumer. We have lots of choices for
consumers in our industry; and I think most agents provide real value for their clients. Our industry is no more perfect
than any other, but before we decide that the answer is less responsibility and fewer duties, let's consider what benefits
the consumer. Can the average consumer price a home correctly (with or without Zillow?) Can they negotiate? Are they able
to complete the paperwork needed for the transaction? Can they protect their own interests? Or, does the average consumer
need a fair amount of assistance for a very complicated process with multiple players?
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I'm a 'road warrior' teaching real estate classes all over the United States. Because of this, I get a very
good view of how hotels, restaurants, airlines and other travel related industries provide customer service. I've seen the
good, the bad, and the ugly. The more travel weary I become, the more I realize that the travel industry, not unlike the
real estate industry, has gotten to the state where minimal customer service is now often considered to be the exception,
and is gratefully accepted. Yet, in this sea of mediocrity, there is an occasional bright spot of true customer
service--someone really trying hard to do their job right--and make the customer (me) happy. Often, my choices are
limited. I live in rural Pennsylvania, so air travel for me is very limited, and I do not have a wide choice of airlines.
Many times, either the people who hired me are putting the class on in the hotel, and that's where they put me up, or they
pick a hotel (usually based on convenience, and price). If I get to pick a hotel, I pick based upon proximity, my
familiarity with the brand, and whether or not I have accumulated enough points in that particular brand's system to get a
free night. I like to think I'm fairly easy to please. Clean sheets & towels; peace and quiet--and good, free
Internet. It's surprising how some fancy hotels are still charging for Internet service. All of these musings about those
industries have gotten me musing about our business--real estate. So here are my thought provoking questions for us all
(me included). If the consumers in your area could pick a real estate agent from anywhere at all, would they
still pick you? Do you offer the bare minimum for the easy to please consumer--clean transactions? Transparent services?
Easy access? Do you charge extra for things the consumer thinks she should get for free? Do you have a brand? What is it?
What does your name, your company name, your franchise name (if you have one) say to a consumer? Do you offer incentives
to your customers to keep coming back? Are you providing the bare, minimal customer service--or are you, on a daily basis,
offering more?
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