The real estate world is gearing up for a change. The Competition Bureau has decided that the rules imposed by the Canadian Real Estate Association (CREA) in administering their MLS system are anti-competitive. While CREA has voluntarily made some changes already, the matter will be officially settled in court next April.
CREA is made up of over 96,000 paying members (real estate brokers and agents) and part of CREA’s mission statement is “to formulate, promote and foster consistent professional standards of business practice, integrity and ethical conduct among the membership”. As such, when you get your real estate license and become a member of this association, you agree to adhere to certain standards and to follow the rules.
The rules that are now being relaxed are the ones that insisted that real estate brokers take care of their sellers all the way through the sale process – not just post the listing on MLS and disappear. These rules were seen to be anti-competitive towards discount brokerages. Now, CREA members are allowed to offer exactly this type of limited service. Discount brokerages are permitted to put listings on www.realtor.ca without offering any other agency services.
I recently ran into this type of listing. I was arranging showings for several homes a buying client wanted to see, paging listing agents with the requested showing times. One of the houses (here on the Island) was listed through a company on the mainland.
- I called the long distance number, was told the agent was not in and it would be best if I called his cell phone instead of leaving a message.
- I called the cell phone and spoke to the agent who, in turn asked for my cell phone number. I gave it to him (this is not common practice here) but asked that he just page me through the office with the showing confirmation, as I was making these calls on a break during a course.
- At the next break in the course, there was a voicemail on my cell phone – the seller would like me to call her.
- I called the seller. She wanted to know why my client (who works 9-5) wanted to see the house at dinner time? We could see the house after 7pm, or during the day or maybe sometime on the weekend. There was no lockbox on the house, she would be there to let us in.
- I called my client to see if he wanted me to try to change the showing times for all the other houses so we could end up at this one at 7pm, or wait for another day.
- I spoke to the seller again to say that my client had decided to skip her house (the house was only a ‘maybe’ online, and the difficulty in arranging the showing gave my client no confidence in negotiating a sale with this seller.)
6 phone calls, 2 of them long distance, to not show a house! I am all for innovative business models – we are, all of us in this industry, entrepreneurs and business people. However, I believe a large part of the success of the MLS system is due to CREA’s efforts to set and enforce standards of professionalism. I agree that discount brokerages should be allowed to offer a la carte real estate services. I don’t agree that the MLS system is the place for this to happen.
It would be great if there was the for-sale-by-owner listing website equivalent to the MLS. Lots of agents, myself included, are happy to approach privately listed homes on behalf of buying clients. Obviously, the real estate agents who pay for the MLS system are not going to fund the creation of a separate site for the consumers who don’t want to use their services. And the discount brokerages are not going to either because it would take a lot of work and money (MLS has been around for 50 years) and they wouldn’t make a go of it with their discounted fees.
So fine, bring on the discount brokerages and the for-sale-by-owners - they are not my main concern. My concern is that the end result of the Competition Bureau’s shake-up is going to be a step backwards in information sharing. The fact that you can currently go onto one site and expect accurate information regarding the majority of homes for sale across this huge country of ours is amazing. I think there is a very real possibility (in fact I know there is talk of) brokerages moving away from the MLS and putting the focus on their own sites. In this age of instant communication and increased information sharing we all want advances in co-operation not a retreat into individual brands.
Very often, discussions about what is happening between CREA and the Competition Bureau get nasty on both sides. If you are interested in hearing a calm, insightful discussion about the subject I recommend listening to investor Don Campbell (author of Real Estate Investing in Canada - not a real estate agent) share his thoughts on a radio show (click here to listen).
There is a lot of talk about offering consumers more choice. The reality is that this fight is between discount brokerages and CREA. The complaints to the Competition Bureau did not come from consumers. The $100 million and $750 million lawsuits against CREA were not filed by consumers. They all came from the Lawrence Dale and his associates.
My hope is that the changes that come are positive advances for consumers, my fear is that that’s like saying the divorce will be good for the kids. The big brokerages are looking to protect each other, lawyers are perking up and realizing they could be charging more by offering real estate services, and Lawrence Dale himself has admitted “I’m here for the dough. I’m not Ralph Nader trying to save the world.”
We will just have to wait and see how it all plays out next spring…
October 1st, 2010 update here
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