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Submitted by RealEstateCafe on December 17, 2008 - 4:58pm.

Thanks, Stefan. Resorting your "Top 10 Events that impacted real estate in 2008" from different perspectives -- the Best of 2008 and Worst from the Professional's perspective versus Consumer's and the Best and Worst from Buyer's perspective versus Seller's -- reveals additional insights. For example, the credit crisis does not appear on your list, but more stringent lending standards had a negative impact on buyers, sellers, and professionals which will extend beyond 2008.

With prices falling back to 2000-2002 levels, then and now retrospectives are another way to reveal trends. Readers, particularly strategic planners, can use these wikis recollect their own Best and Worst of 2008 and project into the future.

Consumers win some, lose some: 2002
http://realestatecafe.pbwiki.com/Retrospective

Then vs Now template for Best of 2008
http://realestatecafe.pbwiki.com/Best+of+2007

Then vs Now template for Worst of 2008
http://realestatecafe.pbwiki.com/Worst+of+2007

Bill Wendel
The Real Estate Cafe
Serving a menu of money-saving services for "do-it-yourself" homebuyers & FSBOs since 1995
617-661-4046
realestatecafe@gmail.com
http://realestatecafe.blogs.com

 
Submitted by Chuck Marunde, J.D. on January 1, 2009 - 11:16am.

Stefan, you're right on. I think 2009 will be the most interesting year in real estate since I started 30 years ago, and I mean interesting in the context of seeing what will happen to real estate agents. Having been a real estate lawyer for 20 years and a broker now, I've seen so much nonsense and unprofessionalism, I really do think consumers will be far safer and better off with half the agents we have now, and that still doesn't resolve all the issues for consumers. I hope consumers begin to do more due diligence on their own before they hire agents. I'll tell you the truth--whenever I write posts on my blog about the truth in the lack of competence and professionalism in the real estate profession, other agents get testy. Hmmm. Wonder why?

Chuck Marunde, J.D.
Real Estate Attorney (Ret.)
Broker/Owner/Realtor
www.SequimRealEstateNews.com
www.SequimPortAngeles.com

 
Submitted by Jean Powers CRS on January 1, 2009 - 11:34am.

I agree with Chuck. I find it very frustrating when sellers and buyers work with incompetent agents. I have to say that a majority of agents in my area are incompetent. It is difficult because we talk about another agent and their practices. For buyers this is the largest investment of their lives. The public needs to do more diligence in hiring an agent. First of all to see if they have a valid license. I lost a listing to a newer agent whose license was not valid. The sellers didn't even know it. In our area some people are writing offers and do not even have a license. We directors at the California Association of Realtors wanted the state to make it more difficult to get a license but the governer wants people to have the opportunity to get jobs. I wish I could figure out a way to get the public educated. I am very anal about protecting my clients, knowing the contracts and the laws inside and out. I have been a broker for 24 years and I am still out their educating myself to do the best for my clients.

Jean Powers CRS, e-PRO, PMN
Broker Associate
Kane & Associates
Alameda, CA.
510 908.9002
Homes@JeanPowers.com
www.JeanPowers.net

 
Submitted by Carmen Multhauf on January 1, 2009 - 12:39pm.

When NAR began 100 years ago it was based upon providing fiduciary duties to the "seller". Only one client was represented. Then we fell into the trap of implied agency and became obligated to fiduciary duties to the buyer. That created the risk of dual agency. Even though our Code of Ethics preamble aspires to "exclusive representation" and NAR has been promoting the ABR we have not made the case to the buyers for committment. So, Chuck, the sellers hire us, in writing, but in most transactions the buyers do not make that written committment (yet we owe them the same agency duties). All this by way of saying, we need to change our business model to eliminate dual agency (at least single person dual agency) and make the case to the buyers for a written committment.

 
Submitted by Bruce Hahn on January 1, 2009 - 1:04pm.

American Homeowners Grassroots Alliance

Good points by Chuck, Jean, and Carmen. Your profession would be much improved if dual agency were outlawed and future professional entry standards were raised substantially.

There would be far fewer misunderstandings with consumers and fewer lawsuits. Homeowners would get higher quality service from a smaller, but more than adequate, number of better qualified professionals. Real estate professionals would be able to spend more of their time doing what they were trained to do instead of having to spend most of their time looking for clients, and they would make more money as a result.

Much higher professional entry standards should also be applied to mortgage lending professionals.

Consumers and consumer organizations would certainly support you in such efforts.

Bruce Hahn
President
American Homeowners Grassroots Alliance and
the American Homeowners Foundation

Serving the interests of the nation's 75 million homeowners and future homeowners since 1984.

The American Homeowners Grassroots Alliance is a nonpartisan consumer advocacy organization dedicated to assisting the nation's 75 million homeowners understand significant policy issues affecting homeowners and homeownership, and empowering homeowners to make their voices heard by state and federal officials.

The American Homeowners Foundation is an educational and research foundation providing information and tools to help consumers make wiser decisions when they buy, sell, remodel, finance or invest in homes.

Visit our web site http://www.americanhomeowners.org. Contact us at: 6776 Little Falls Road, Arlington, VA 22213-1213. Direct Dial: 571-214-1013; Headquarters: 703-536-7776

 
Submitted by on January 1, 2009 - 1:09pm.

I believe Carmen if you'll look around you'll find that many of us practice single agency already.

My company does not do dual agency as a matter of company policy.

Further, real estate agency laws differ greatly from state to state.

In my state of Tennessee for example, the default position is facilitator, a non-agency status until you have a written employment agreement signed by both broker and client.

Jim Lee, CRS, ABR, GRI, NAR Certified e-PRO Trainer
Realty Executives Associates, Knoxville, Tennessee
www.KnoxvilleHomeCenter.com mailto:Jim@JimLee.com
(865) 693-3232, My Personal Toll Free # 1-800-662-2488 ext. 163
**********************************

 
Submitted by Carmen Multhauf on January 1, 2009 - 4:58pm.

I agree that each state has different laws about real estate agency but I think these can be greatly influenced on a national (NAR) level if we have the will. How would you feel if your attorney said " I will explain the law to you but I will only facilitate your law suit. I will not advocate for you or be required to act in your best interest to the exclusion of others." I think we need to decide our role and our obligations as a group.

Carmen Multhauf ABR,CRS,GHS,GRI

 
Submitted by Jean Powers CRS on January 1, 2009 - 8:21pm.

I wish we could change dual agency as far as the listing agent selling their own listings. In California it is difficult to change anything. The state has control and we cannot even get the governor to make it tougher to obtain a real estate license. NAR does not have that much power as every state is different.

Jean Powers CRS, e-PRO, PMN
Broker Associate
Kane & Associates
Alameda, CA.
510 908.9002
Homes@JeanPowers.com
www.JeanPowers.net

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