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Added: May 21, 2010

The Department Of Justice Begins Probe Into Local Real Estate Customs

  |   22 Comments

The Department of Justice has begin a probe into local real estate customs. (tulanelink.com)

Southampton - Lots of news about the Department of Justice's probe into local real estate customs recently. Here's my take.

It seems as if George Simpson's short lived lawsuit against the major and minor players in the local real estate brokerage business succeeded in attracting the attention of our nation's justice keepers. Simpson, litigious but righteous, had alleged that the real estate industry on the East End of Long Island, notably on the South Fork, was acting in, and fostering, an anti-competitive and monopolistic business environment, possibly violating some very serious Federal laws.

The Department of Justice's growing interest in the machinations of our market suggests there may be merit to Simpson's complaints. (squidoo.com)

And because I know George, I would think Simpson probably also feels that the industry acts in a club like way, to the de-facto exclusion of new entrants or less well capitalized ones at least, and in co-hoots with the dominant real estate information gatekeeper and data organizer - a privately owned, for profit, information management company named Realnet - a competitor of Simpson's that very seriously eroded his market share in the same business segment.

The Department of Justice's growing interest in the machinations of our market suggests there may be merit to Simpson's complaints, regardless of his feelings. Maybe - and maybe not.

Some Back-Story
In its origins the real estate brokerage business in The Hamptons was no different from anywhere else, as local a "Ma and Pa" business as could be found. Even more so because of our rural setting. But The Hamptons were destined to morph into one of the most prestigious and desirable markets in the nation, with highly priced, thus highly commissionable, properties. These high valuations resulted in transaction fees far in excess of the broker's cost of services. And that smelled like a good situation, good enough to attract the attention of outsiders.

Most important among them to this story, was Alan Schneider, a multi-layered character, who transformed the local real estate business into a higher octane social and cultural phenomenon; someone who, in short order, became the biggest fish in the provincial pond. Before his death in 1991 Schneider was King, selling most of the high-end listings internally, pocketing dollars for delivering on both sides of the transaction. There was no benefit to him to embrace a multiple listing service (MLS) business model and give free access to his listings to anyone who came along. In order to fend off the eastward expansion of LIBOR (the Long Island Board of Realtors) with its MLS, a local board of realtors was established that basically toed the local party line, that The Hamptons real estate market was too upscale for "lockboxes," and that an MLS was "downmarket." No one in the industry had an issue with that at the time. After all, being a broker in The Hamptons was being part of a wealthy, classy, and clubby place, hard to break into. As values continued to rise, big money was being made. Everyone was content with the arrangement.

There was no benefit to [Schneider] to embrace a multiple listing service (MLS) business model and give free access to his listings to anyone who came along. (homes.com)

It didn't take long before the very big boys wanted into a market where barriers to entry were high - and where - with information controlled and contained - the business would likely prove profitable. Such was indeed the case, as one by one, local brokerages sold out to national firms starting with Braverman, Newbold, Brennan to Sotheby's (actually years before) and eventually, Cook Pony Farm, E.T. Dayton and Allan Schneider Associates to NRT, and my own firm, Dunemere Associates, to Brown Harrris Stevens.

Now let's mix in the internet. In the 1980s listing information was organized and managed in ring-binders. Later in the decade it was digitized and organized on computers. The internet in the early 1990s showed some potential as a platform for advertising. It wasn't long before the market's real estate data found a platform for promotion on the web, on a pioneering website portal known as HREO, created by an opportunistic entrepreneur and information Genghis Khan.

Hamptons Real Estate Online quickly became the public's go to destination for information about local listings and, as a result, an important advertising vehicle and part of every brokers marketing proposal to sellers. It wasn't inexpensive, but every broker had to be on HREO. Otherwise you were no one. Then, years ahead of the competition, HREO's creator came to understand and harness cloud computing. He built a comprehensive, web based, back end and administrative interface, known as Realnet, for managing and eventually sharing (the Realnet feature known as "OREX") listings with other subscribers to his product. Realnet was linked to HREO, eliminating double data entry. With brokers hooked on HREO he bundled the products and charged, in an arbitrary and somewhat opaque manner, both what the market would pay for continued access to his services, but more often than not, whatever he demanded as well. Usually starting high. He had effectively cornered the market.

Realnet was linked to HREO, eliminating double data entry. (realnetsite.com)

Nobody enjoyed paying up, including me, but, like country club dues during tough times, the check is grudgingly signed and sent, guaranteeing another year of access to what are perceived as mission critical tools. Competing data management solutions wilted along the roadside.

The rest of the real estate world took a different turn, however. Partly because lower valuations in the majority of markets made the business less lucrative, compared to The Hamptons, brokers quickly came to understand the benefits that came from sharing information with one another and adopted the business model supported by a MLS. Any agent with a dollar and a dream, and for only a nominal fee, could join MLS and benefit from the information flow, even if it usually meant sharing a commission. This information exchange, or "coopetition," better served the interests of all stake holders in the real estate transaction. Houses generally sold more quickly, generating more commissions. Buyers, sellers and agents all benefit from this system in a variety of ways. The model was embraced nationwide.

So what is the merit to Simpson's moribund, but obliquely resuscitated, complaint? And to the Department of Justice's probe? Hard to say, in my opinion. Is this about restraint of trade? Or the market at work? Can you fault an entrepreneur for building a successful business that meets his customer's needs, but slams his competition in the process? Which law did he break? And as far as the brokers are concerned, one can't blame them for buying into a more efficient data management solution that meets their needs, while also protecting their knowledge stock, depending upon how, and with whom, they wish to share listings. That's worth a lot, actually, in a quaint way, but they sure are paying for it. And to those who can't afford the dues? "Well, we're sorry, but it doesn't mean we won't work with you," seems like a pat answer. Was there more to Simpson's complaint than that? Or to the Department of Justice's curiosity? I hope there is, but I am not so sure, because the biggest stakeholders in the real estate transaction haven't even merited a mention thus far. And candidly, it doesn't look very promising for them.

Without pretending to know the law, I would think that unless the Department of Justice has a clear cut mandate to protect the consumer in an oddball situation such as the one I've described, or can unearth a conspiracy in order to cement a case, it will be the consumer, both seller and buyer, who will continue to operate at a disadvantage in The Hamptons real estate market.

Tell me, who's responsible for that?

Note: John Viterriti's recent Hamptons.com article on Anti-trust provides valuable background information on what the laws are meant to protect. In my own last article about the local Multiple Listing Service (MLS) debate and the "Big Shift" a case was made for the benefits of information flow and how those opposed to it would be excluded from a role in the MLS debate.


Comments

Guest (Michaela) from Sag Harbor says:
I personally met some of the agents named on this list. HATED most of them. This is not an official endorsement, but I did like Richard Kudlak. He was at the showings to answer questions and give us a tour (more than most agents are willing to do). He asked us our feedback and listened. I didn't work with him or buy from him in the end, but appreciated that he was different from the others out there. One big Sag Harbor agent from Corcoran - we asked him a very distinct question relating to really wanting to move forward with his listing. His reply was that if we made an offer / were really serious, we could "talk". No more information. The place sat on the market for another 6 months. Sellers, make sure your agent is willing to host showings (EVERY SINGLE ONE). Make sure he/she is willing to work weekends, advertise on your behalf, and is fast on email/follow- up. Have your agent invest in decent photos! Buyers don't want to see the bed. They want to see the room. If your property is over $2m, maybe get an aerial shot! Your agent is investing in you and your property. The more care you put into the selling process, the higher your sale price will be. These are the basic things needed by the buyer!!!!! MLS, everything! Get your place out there and get a decent agent!

Guest (Ben Herallalong) from Wolfies says:
are headed from here has more to do with the power of the internet, mass media and social networking than it has to do with anything George and his crew have done. Whatever the outcome it is an interesting time to be in the business.

Guest (Phil) from Sag Harbor says:
"While individual agents may elect to pick and choose which brokerages they will co-broke with, I always select all participants in OREX and list my exclusives on MLS." INDIVIDUAL AGENTS ARE NOT ALLOWED TO PICK AND CHOOSE WHICH BROKERAGES THEY WILL CO-BROKE WITH!!!! ESPECIALLY IF THEY'RE ON MLS TOO!!! DOJ already won a case against NAR regarding this fixing in other MLSes.

Guest (Carmine Calabro) from Remsenburg says:
While individual agents may elect to pick and choose which brokerages they will co-broke with, I always select all participants in OREX and list my exclusives on MLS. I also split 50/50 with a selling broker. Maybe I'm the minority, but my clients (sellers) are being given the broadest opportunity to sell using all the tools that PDE subscribes to. I listed a home in Remsenburg last year on a Thursday, added it to OREX/HREO on Friday, had a bidding war on Saturday (with 8 brokers) and it sold at the asking price that afternoon. I split the commission and my clients were extremely happy they netted $1 million on the deal.

Guest (Miriam) from New York City says:
My question about would anyone pay $50,000 instead of $350 was rhetorical, it is the case of the double dip - they can keep and control both sides of the commission if they don't post their listings to an MLS rather than this clubby sharing system. I have owned property out in the Hamptons am currently a broker, I also had a buyer for the Hamptons and while I have lived there for over 20 years, have 20 years of experience as an agent but am not part of the club was told I should send my buyer and they would pay me a co-broke. It is just crap. The agents out there believe they have a right to make decisions for buyers and sellers - it is so outrageous.

Guest (phil) from Sag Harbor says:
I was born in Southampton, raised in Sag Harbor, and currently manage web operations, from database to marketing for over 200 real estate brokerages and agents in the Tri-State area.

It is an absolute sham how the cartel in the Hamptons functions.

Indeed, Mr Kazickas, a businessman who effectively created an enormous mote to ward off competitors should be heralded for his / her acumen. But there’s much more to the construction of this castle, and it’s stakeholders within. A few notes on your summary:

>>>being a broker in The Hamptons was being part of a wealthy, classy, and clubby place, hard to break into. As values continued to rise, big money was being made. Everyone was content with the arrangement.<<<<

‘Burn the canal...after we’ve crossed it.’ The majority of brokers are native and or ex-pats from elsewhere imagining they are descendent in the female line from some regal aristocracy. Most have done nothing to raise the level of the profession itself… but have simply profited from rising home prices and limited competition, else they’d be schlepping 200,000 listings in Queens, Kentucky, or wherever else. Are they aware Sag was boarded up and almost bankrupt a few decades ago? Please…let’s stop pretending we’re on the shores of the French Riviera. You’re lucky you’re an hour and change from Wall Street. Else the only ‘club’ you’d belong to in the Hamptons would be a local Kiwanis.

>>Competing data management solutions wilted along the roadside. <<

Real Net and HREO’s portal can be created and managed for 1/10th the annual cost to each firm and 1/10th the maintenance. Any IT person with half a brain within the departments of the larger entities is well aware of this. But the cartel would never join a new system, even a non-MLS one, unless they had a level of control over who gets to see and show what. They all intuitively KNOW what they do is a joke for the money they earn compared to what their real value is in the marketplace. Getting a license to sell homes is not on par with passing the bar, or going through medical school. Sure, a lot of the work may be tedious and tiresome, but so long as the price is right, anyone with the ability to open a door and read a spec sheet can bring a deal to the table. The rest is a veneer. Price sells homes

>> And as far as the brokers are concerned, one can't blame them for buying into a more efficient data management solution that meets their needs, while also protecting their knowledge stock, depending upon how, and with whom, they wish to share listings.

Hardly more efficient than the standards that are presently available, but while it may be in their best interests…they are violating the law. It’s in my best interest from a biological standpoint to perform many acts of selfishness. But they could possibly land me in a spot of trouble. Hopefully the DOJ will see to it that the cartel gets in a spot of trouble.

All the oligarchy needs to do if they don’t want to add their listings to the MLS is to get a Seller Opt Out form signed, or simply disassociate from the MLS entirely. Of course Dottie would be unwilling to do this, as dozens of her offices she proudly boasts at managing would be negatively impacted throughout Suffolk, Nassau and Queens. And Corc needs it for North Fork and Canal West. Just stop lying to Sellers about delivering 100% coverage when thousands of agents are not able to show the homes. 3% is plenty to runneth your cup over. So all you pseudo spiritual frauds who claim to worship a deity, yet flagrantly flout all of the moral precepts codified in scripture no matter which denomination makes my keyboard susceptible to stomach bile. It’s sickening to know how many mediocre agents talk about their faith, or go to church once or twice a year…yet worship the material world so much to not think twice about step on fellow men and women doing legitimate business. Metaphysical hypocrisy at its finest. And then they’ll support the Save Sag Harbor movement, as though they care one iota for anything but their bank accounts.

Comments:

Agent Southampton - Amen! I detailed this on East End Listings blog last year. From Lori Barberia, to Vincent H and more…they don’t put their listings on MLS even though they pay the yearly fee, and are required to by Rule 203. North Shore & Queens multi-million dollar PDE listings go on Stratus. Why not Sag / Bridge SH? Because they don’t want the market of Sellers and Buyers to know there’s a flood of competition on the horizon that will save them money, and / or offer better service with ubiquitous data availability. Access to MLS gives a more efficient platform from which to judge their decisions on listing agent, buyers agent etc… That’s IF the MLS enforces their rules, which they clearly aren’t doing in the case of PDE , BHS & Corcoran.

Carmine Calabro – The current system (OREX) manifestly DOES NOT provide every client (Sellers) with the ability to sell their home to the broadest net of customers. I witnessed this first hand in my OWN town of Sag Harbor. Corcoran had a listing on Sag Turnpike and WOULD NOT allow a RE/MAX client of mine, with a BUYER IN SAG HARBOR to show it. They said…we’ll give you a referral fee. Why? In terms of credentials, and market wisdom, my client puts to shame the listing agent as well the managing broker’s background combined. So while they stick their smug noses in the air, fortunate to have ridden the wave of Hamptons home price escalation and geo-located opportunity, I hope they’re struggling today. To add insult, just recently Corcoran wouldn’t co-list a million-dollar listing with RE/MAX, with the same 6% commission rate, yet they are glad to do so when with another competitor. I’m sure the shareholders at NRT are delighted about the unrealized gains they could have earned had supercilious attitudes been tabled in favor of basic business physics.

So while you work in Remsenburg, and most likely have enough agents in the local market showing listings evenly, it does not happen in the South Fork. And even PDE agents in Suffolk, Nassau, Queens, and Manhattan can’t see Hamptons inventory. Why do so many genuflect at the alter of dottie the diva with her clear demonstration of unethical conduct? Because Pru has the listings. Same with Corc. Barbara knows it’s a sham.

Hamptons Seller from East Hampton – Do you know that both Corcoran AND Prudential were both called to show a home listed by a client of mine from a world reknowned franchise, and BOTH companies said “Oh we don’t deal with that.” Unreal.

Witheld – Open listings are usually overpriced. But Sellers often don’t know what to do. They assume they have to go with Corcoran or PDE because they are local and have all the signs in the ground. OR, they want (understandably) to let every agent show the house, which is easily done if there were a legitimate sharing system.

I couldn’t believe it, or maybe I could, when I offered a few agents the opportunity to have EXCLUSIVITY on marketing a home on HREO, where they can take all the buyer leads, as well put it on their own site. They said nope…they wanted the full 6%, even though they weren’t the ones with the listing. The unethical, selfish, egomaniacal behavior is contagious.

Richard Kudlak – Linda was always an ethical broker with concern for clients all the way back during her days at Harpoon. I can personally attest to this. And while it’s great to know that you both are giving as much exposure to your clients, Prudential agents are required to put all of the listings on MLS. And I’m sure you know that the vast majority of agents in Prudential DO NOT put their listings on MLS. They may feel it’s not needed, as the majority of their leads come elsewhere.

But the fact is that MLSLI would be a major source of lead generation IF there were more Hamptons listings on it for the public, as well as a reliable source for Realtors outside the area.

Ed Vossen – Dottie denies her agents pay MLS fees, and therefore aren’t required to add their inventory to Stratus. She says it’s optional. Either she is so flighty as she sounds, or she’s consciously breaking the law codified in LIBOR rulebook.

Miriam from NYC – Information is not published for all to see, and unfortunately Suffolk County is embarrassingly behind the times with regard to deed transfer data. MyNassauProperty.com puts Suffolk records to shame. But if the listings were all on MLS, the closed records within the MLS System would be transparent including photos, and interior / exterior info not found in Riverhead or any of the third party aggregators including George’s product and others out there.

The reason they’d rather pay 50 large is because they’ll make tens of thousands on top of that by excluding the smaller players who can do the exact same thing they do. Price largely determines home sales, not “hamptons realtors”

Anonymous from anonymous – let’s get the FTC aware of this case!

Hamptons Buyer – Absolutely benefits Agents first. Agents will purposefully not show a listing if it has less than 6% attached or 3% to Selling side. I was informed by one of the top Corcoran agents in Sag Harbor of this very fact, as though it was ethical to do so. Would any professional NOT show a buyer a listing because they have to make 35K instead of 30K? Absurd. 80% of these rapacious agents in the Hamptons would be rendered obsolete in an efficient market.

Janet – Manhattan firms use similar tactics, but it’s far easier to show other brokerages listings than in the Hamptons. Too many property management companies market and sell their own listings for there to be a functional MLS with regulatory power over its members.

Anonymous from the Hamptons – The technology and maintenance can be replicated at 1/10th the cost on Setup and Yearly than OREX charges. But even at 10x, the cartel is willing to pay in order to exclude competition who is smarter, hungrier and willing to work at a lower commission rate.

Laurie@options … I’m laughing with them ! ☺

Guest (laurie@options) from riverhead says:
Something that the Hamptons oontingent east of the canal, with very few exceptions, seem to have ignored (?) is that when listing a property for a selling client, FIDUCIARY is in the verbiage of the state mandated agency disclosures. As such, this verbiage forces an agent who respects the law (as well as their client) to operate solely in the best interest of the client. The client outcome is to come before the outcome of the broker. Period. Selling an area, whether it's the Hamptons, North fork or Aspen (diligent MLS users) isn't about "feelings" ("we feel that we are better equipped to handle this area of specialness") or a silly history- it's about hard data, that ethically should be accessible to ALL; it's about the law, which has requirements. And, it's about making money- PROVIDED the gains have been achieved with the above (not the "feelings" part) legally and never, ever at the expense of the fiduciary (seller). A lack of exposure, without the consent of the seller, is against fiduciary requirements along with MLS agreements (for those members who ARE, in ANY area west of the canal), which would then suggest that it is also against the law (per New York state agency verbiage). Not sure, but that would seem to be one conclusion. Why is this so difficult for east of the canal brokers to understand? You're not "special", you've simply gotten away with practices that hopefully will go away shortly- if not by the force of the DOJ (HOW EMBARRASSING IS THAT: BEING INVESTIGATED), then by the force of consumers who have had enough. Either way, maintaining an ethically questionable "history" there is ridiculous in 2010, and is an unacceptable excuse, in much the same way that honking horns to disrupt a meeting is ridiculous/unacceptable. I would be mortified if the DOJ investigated any aspect of our business- as would most people in any business- why on earth has it reached this point?

Guest (Miriam) from New York City says:
Carmine, you welcome assistance in selling your listings? Does that include sharing the commission and paying the other agent? Also you say HREO, OREX or MLS? They are not the same only the MLS guarantees a fair playing field where the buyers agent has the information they need to advise the buyer properly. If you are not member or OREX or HREO and pay exorbitant fees you have no access to the information you need. Richard which MLS service do you put all of your listings on? LIBOR?

Guest (agent southampaon) from southampton says:
Richard Kudlak from Sag Harbor says: ...to give our clients as much exposure as possible. We don't care who brings the buyer as long as our client's home gets sold. This business should always be about service. You may not realize that most Prudential listings in the Hamptons are not put on MLS, therefore, most agents don't go there to find houses. Your company Prudential is under contract to put ALL listings on MLS -- they break their contract and therefore damage the small agents and damage the consumer -- open your eyes, you work for bad people.

Guest (Carmine Calabro) from Remsenburg says:
The current system provides every client with the ability to sell their home using the broadest possible "net" to bring customers. In the "old" days, brokers would hoard their exclusives to earn the full commission, a case of centripitality. In today's highly competitive market, sharing a listing with all other brokers, albeit while diluting the commission, benefits the homeowner by incentivizing all agents and brokers in the mix, a case of centrifugality. As an agent with Prudential, I welcome all agents and brokers to assist in selling and rentingr my listings, whether it be through HREO, OREX or MLS.

Guest (Icanttellyou) from lawngisland says:
WOW NYC TOO! Yes! Nice to see so many people now "get it"

Guest (Hamptons Seller) from East Hampton says:
I'm currently selling my house in East Hampton. Hiring a broker should not be that much different from hiring any other professional where my requirements as the buyer of goods and services are the primary objective, most notably because I am the consumer, the one writing the checks. After interviewing several brokers from both the "big" firms as well as the few remaining "independent" firms it appears there is something systemically wrong with the real estate industry in the Hamptons. My needs, as the consumer, rank third in the real estate transaction behind the interests of the broker and the interests of the brokerage firm. Hats off to George Simpson for initiating the lawsuit and let’s roll out the red carpet for the Department of Justice.

Guest (Witheld) from Bridgehampton says:
Try and sell a home with an OPEN LISTING!!!! Nobody does anything. The greedy brokers want the EXCLUSIVE, so they can get toyour home and make the double ended bang!!! Try and rent your home? You need to visit 10 or more offices and give them all the same info and pictures, It's a full time job, and half the time they get it wrong. It's full time job!! The current system has to go!! Signed an Owner!!!

Guest (Richard Kudlak) from Sag Harbor says:
I am an agent in the Sag Harbor office of Prudential Douglas Elliman Real Estate. My partner Linda Casinove and I make it a point to put all of our listings on the MLS service to give our clients as much exposure as possible. We don't care who brings the buyer as long as our client's home gets sold. This business should always be about service.

Guest (Ed Vossen) from Stuart, Fl says:
In 1986 Merrill Lynch Realty opened an office on the corner of Windmill Lane and Jobs Lane, George Benedict's old real estate firm. I moved to Southampton and became the manager of this new office. As I had been a board member of LIBOR I was asked to join the board of ESBOR. There was some talk about bringing the MLS system to the East End at that time. In fact there was an organizational meeting in the restaurant that occupies the northeast corner of that interesction. The intent of the meeting was to explain MLS and educate those interested in what the benefits of a MLS would bring to the area. Mr. Schneider's firm had his agents sit in cars outside the restaurant and hold their hands on the horns of their automobiles in hopes of breaking up the meeting. Merrill Lynch closed the office after a few years because of the inability to work with buyers and seller in a manner that they were doing "Up Island" in LIBOR territory. Several years later, Prudential Long Island Realty, the successor to Merrill Lynch Realty opened up multiple offices simultaneously on the East End and continues in the market today.

Guest (Miriam) from New York City says:
Lets see if this clarifies some of this. A MLS system, which they do not have in the Hamptons is a sharing of information about properties on the market and a sharing of commission. Properties are placed on the market and information about those properties is readily available to all consumers through the internet and/or through any agent that a buyer or seller chooses to work with independent of which brokerage, independent of which agent. The system in the Hamptons restricts buyers. For instance if i am a buyer and I want to use my agent from Stonybrook, while Stonybrook is on Long Island there is no access through an MLS to listings, comparables or history's. I and my buyer agent would not be permitted access to the "sharing system" without accessing every agents web sites and without calling each listing agent to ask "permission to show and discuss how the commission will be handled" each and every time which puts my buyer at a disadvantage. This is discrimination against buyer's and takes their freedoms away. If that buyer decided to make an offer on a property their buyer's agent would not have access to those comparables because the Hamptons brokers won't release that information and while it is public knowledge this is what agents access through an MLS throughout the United States. It can take months to available through recordings. If this were a true MLS the commission split would be noted on the listing on the MLS and would be arbitrary and at the listing agnets discretion on a case by case basis. The commission split would be paid to the agent who has the best buyer with the best terms that sells the house, period. No other issues would come into pla. The consumer is protected under an MLS system and the consumer has their freedom to use whoever they want as a buyer's agent without being penalized for not belonging to the "system" out in the Hamptons. Smaller agency's can't survive out in the Hamptons because of prohibitive membership fees to a "sharing system". Competition is restricted, there is no free flow of the market, there is a stranglehold by some of the larger company's. The question is "Why pay $30,000-$50,000 to belong to a listing sharing system rather than $350.00 to belong to the multiple listing system of the Long Island Board of Realtors?

Guest (anonymous) from anonymous says:
It would be nice if a lawyer versed in anti trust commented for clarification. It's my understanding that the DOJ is a consumer proponent. What they identify are practices that negatively impact consumers. The FTC would appear to be the go to for actions that impact businesses. So, while the questions posed by them might appear to "ignore" the consumer, I'm guessing that it is only about the consumer- fact finding to establish if (as suggested by the comment below) practices are negatively impacting buyers and sellers. The only way to establish that to their satisfaction is to understand HOW it is that the current methods function, in order to decide how to address it.

Guest (Hamptons Buyer) from Hamptons / NYC says:
The current system MOST benefits the real estate agents. It doesn't connect buyers to sellers efficiently (listings are held in "secret" for awhile before being shared with other agencies. Example - New listing shows up 1st on Corcoran's "New Listings" page, then a week or two later, the other agencies and portal websites have it in their system. Also, all the agencies charge the EXACT same commission. And they will not "negotiate" that number officially. If that's not collusion, I don't know what is!

Guest (Janet) from Hudson Valley says:
While they are at it, they need to investigate New York City.

Guest (Anonymous) from The Hamptons says:
12 +- years ago I started working at Hamptons.com. The first employee hired, one of my first tasks was to buy Ads on the most prominent Search Engines: pre-Google that was Lycos, Excite, Alta Vista. In asking for words related to the Hamptons Real Estate market, I found no company mentioned would let me buy key words as there was an exclusive arrangement with a company named HREO. There born was the business model of HREO. No competition meant they were the sole site to be on and therefore controlled the Hamptons Real Estate market. Later RealNet,a listing program was born and the business model followed the same philosophy.

Guest (laurie@options) from riverhead says:
If this is the kind of dialogue that the DOJ is receiving from the OREX participants, they have got to be laughing their asses off. Excuses, excuses. (but, well written).

Guest (Miriam) from New York City says:
Excellent overview of what is going on. The assumption that George Simpson was the catalyst for the DOJ is just that, an assumption. There is no competition and that is not right. The buyers and sellers are the ones being hurt with the status quo and the brokers win. Sellers don't have a choices in terms of listing agents, only OREX agents, and different listing packages. Buyers being forced to work with the sellers agent or a dual or designated agent instead of having free choice as to who represents them. The whole system out there is for the brokers and not the public and shame on all of them.

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