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	<title>Comments on: The Continued March Toward Single Agency&#8230;</title>
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	<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/</link>
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		<title>By: Challenging the Status Quo &#124; Real Central VA</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-28038</link>
		<dc:creator>Challenging the Status Quo &#124; Real Central VA</dc:creator>
		<pubDate>Mon, 19 Jan 2009 12:45:19 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-28038</guid>
		<description>[...] ~ Lem Marshall, VAR Legal Counsel “Commonwealth Magazine 2004? [...]</description>
		<content:encoded><![CDATA[<p>[...] ~ Lem Marshall, VAR Legal Counsel “Commonwealth Magazine 2004? [...]</p>
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		<title>By: Time to Look Again at Agency in Virginia &#124; VARbuzz</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20718</link>
		<dc:creator>Time to Look Again at Agency in Virginia &#124; VARbuzz</dc:creator>
		<pubDate>Tue, 21 Oct 2008 13:01:14 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20718</guid>
		<description>[...] Matthew Rathbun brought up the Agency Conversation again at AgentGenius recently - &#8220;Realizing that cooperation with other real estate professionals promotes the best interests of those who utilize their services, REALTORS® urge exclusive representation of clients; do not attempt to gain any unfair advantage over their competitors; and they refrain from making unsolicited comments about other practitioners.&#8221; [...]</description>
		<content:encoded><![CDATA[<p>[...] Matthew Rathbun brought up the Agency Conversation again at AgentGenius recently &#8211; &#8220;Realizing that cooperation with other real estate professionals promotes the best interests of those who utilize their services, REALTORS® urge exclusive representation of clients; do not attempt to gain any unfair advantage over their competitors; and they refrain from making unsolicited comments about other practitioners.&#8221; [...]</p>
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		<title>By: Jonathan Dalton</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20246</link>
		<dc:creator>Jonathan Dalton</dc:creator>
		<pubDate>Tue, 14 Oct 2008 06:00:21 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20246</guid>
		<description>The kink as I see it is as a buyers&#039; agent, I&#039;m still looking in the MLS first and foremost for a multitude as reasons. As long as that&#039;s the case, and as long as that&#039;s the case for the majority of real estate agents (and buyers using agents), access to the MLS still will be the best sales tool there is.</description>
		<content:encoded><![CDATA[<p>The kink as I see it is as a buyers&#8217; agent, I&#8217;m still looking in the MLS first and foremost for a multitude as reasons. As long as that&#8217;s the case, and as long as that&#8217;s the case for the majority of real estate agents (and buyers using agents), access to the MLS still will be the best sales tool there is.</p>
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		<title>By: AG Weekly Roundup [Volume 2] &#124; national real estate opinion column - agentgenius.com</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20092</link>
		<dc:creator>AG Weekly Roundup [Volume 2] &#124; national real estate opinion column - agentgenius.com</dc:creator>
		<pubDate>Sun, 12 Oct 2008 22:48:53 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20092</guid>
		<description>[...] The Continued March Toward Single Agency- what are the consequences of of how the MLS is structured now? How is Dual Agency to evolve? This impacts you. [...]</description>
		<content:encoded><![CDATA[<p>[...] The Continued March Toward Single Agency- what are the consequences of of how the MLS is structured now? How is Dual Agency to evolve? This impacts you. [...]</p>
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		<title>By: Matthew Rathbun</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20053</link>
		<dc:creator>Matthew Rathbun</dc:creator>
		<pubDate>Sat, 11 Oct 2008 19:53:47 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20053</guid>
		<description>@Jim:  My best example of dual agency is that of the divorce attorney representing both individuals at once - makes no sense.  There are always other options.  There are no shortages of agents out there!  I am not sure of my feeling about &quot;Transaction Agency&quot; I haven&#039;t worked in it enough to fully understand it, but at times there are situations, where I need to stand up for the client and not the transaction, per se.  Sometimes the &quot;transaction&quot; is not in the best interest of the consumer.  Thanks for reading and sharing!

@Susie:   You&#039;re question about how many &quot;good&quot; agents out of 100, is a short answer.  It depends.  We know that 20% of agents make 80% of the money.  However, most of the &quot;difficult agents&quot; that I&#039;ve encountered have been the high producing agents.  I don&#039;t think personal income is a good indicator of being a &quot;good agent.&quot;  Using my definition (concentrating on personal knowledge and putting their clients first) I would that there are only about 15% of those who are licensed; that I would allow to work with me.  However, I think that closer to 80% of those licensed could be worth working with, IF they make education a higher priority, treat it like a full time career and worked for the right broker (or were the right broker.)

@Mark:  We agree - MLS is no longer a notebook under the desk.  It is NOT (and never should have been) the most marketable skillset, but yet here we are.  So, geez...now we&#039;ll need to use knowledge and make it the most valuable skill set.

@Matt:  I am indifferent as of yet, about what an agent calls themselves.  I think some of the funny looks from other agents is that there is no legally definable representation as consultant, in our state.  To me it would make you a limited service represented, but definition in Virginia, if you aren&#039;t an &quot;agent&quot;.  You&#039;re right about why the consumer would look for you... to decipher information.  Unfortunately not all agents spend as much time as you do learning about these things and being prepared to decipher.

@Steve:  Thanks for laying out the options, that may be available to consumers. 

@Russell:  The reason I left the discussion to others, is that I haven&#039;t figured out all the angles.  I have represented buyers, who paid my company directly, as the Unrepresented Seller refused.  It was not difficult to illustrate why nor to do the transaction.  I have encountered several Sellers who wanted to know why they have to pay the buyer&#039;s agent as well.  It&#039;s a tough call, but I have a hard time seeing most buyers having sufficient income to pay the agent, and the down payment and the closing costs, etc...  However, I do see a day where we&#039;re all doing fee-for-service and only for one consumer at one time.  It&#039;s impossible to see the future - but I think that following the current early trends, we can see these changes evolving, unless someone comes up with better options.</description>
		<content:encoded><![CDATA[<p>@Jim:  My best example of dual agency is that of the divorce attorney representing both individuals at once &#8211; makes no sense.  There are always other options.  There are no shortages of agents out there!  I am not sure of my feeling about &#8220;Transaction Agency&#8221; I haven&#8217;t worked in it enough to fully understand it, but at times there are situations, where I need to stand up for the client and not the transaction, per se.  Sometimes the &#8220;transaction&#8221; is not in the best interest of the consumer.  Thanks for reading and sharing!</p>
<p>@Susie:   You&#8217;re question about how many &#8220;good&#8221; agents out of 100, is a short answer.  It depends.  We know that 20% of agents make 80% of the money.  However, most of the &#8220;difficult agents&#8221; that I&#8217;ve encountered have been the high producing agents.  I don&#8217;t think personal income is a good indicator of being a &#8220;good agent.&#8221;  Using my definition (concentrating on personal knowledge and putting their clients first) I would that there are only about 15% of those who are licensed; that I would allow to work with me.  However, I think that closer to 80% of those licensed could be worth working with, IF they make education a higher priority, treat it like a full time career and worked for the right broker (or were the right broker.)</p>
<p>@Mark:  We agree &#8211; MLS is no longer a notebook under the desk.  It is NOT (and never should have been) the most marketable skillset, but yet here we are.  So, geez&#8230;now we&#8217;ll need to use knowledge and make it the most valuable skill set.</p>
<p>@Matt:  I am indifferent as of yet, about what an agent calls themselves.  I think some of the funny looks from other agents is that there is no legally definable representation as consultant, in our state.  To me it would make you a limited service represented, but definition in Virginia, if you aren&#8217;t an &#8220;agent&#8221;.  You&#8217;re right about why the consumer would look for you&#8230; to decipher information.  Unfortunately not all agents spend as much time as you do learning about these things and being prepared to decipher.</p>
<p>@Steve:  Thanks for laying out the options, that may be available to consumers. </p>
<p>@Russell:  The reason I left the discussion to others, is that I haven&#8217;t figured out all the angles.  I have represented buyers, who paid my company directly, as the Unrepresented Seller refused.  It was not difficult to illustrate why nor to do the transaction.  I have encountered several Sellers who wanted to know why they have to pay the buyer&#8217;s agent as well.  It&#8217;s a tough call, but I have a hard time seeing most buyers having sufficient income to pay the agent, and the down payment and the closing costs, etc&#8230;  However, I do see a day where we&#8217;re all doing fee-for-service and only for one consumer at one time.  It&#8217;s impossible to see the future &#8211; but I think that following the current early trends, we can see these changes evolving, unless someone comes up with better options.</p>
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		<title>By: Russell Shaw</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20051</link>
		<dc:creator>Russell Shaw</dc:creator>
		<pubDate>Sat, 11 Oct 2008 18:25:39 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20051</guid>
		<description>I am totally opposed to divorcing commissions and can think of few ideas that would be as destructive to the industry.  I do not believe that complete availability of IDX searches changes much of anything for listing agents.  Factually - so far - the actual impact of all of the various websites has been to reduce the number of FSBO&#039;s, not the other way around.  Even in the hottest market ever, 2005, FSBO&#039;s were less than 13%.  25 years ago, that number stood at over 20%.  See: http://www.bloodhoundrealty.com/BloodhoundBlog/?p=1681</description>
		<content:encoded><![CDATA[<p>I am totally opposed to divorcing commissions and can think of few ideas that would be as destructive to the industry.  I do not believe that complete availability of IDX searches changes much of anything for listing agents.  Factually &#8211; so far &#8211; the actual impact of all of the various websites has been to reduce the number of FSBO&#8217;s, not the other way around.  Even in the hottest market ever, 2005, FSBO&#8217;s were less than 13%.  25 years ago, that number stood at over 20%.  See: http://www.bloodhoundrealty.com/BloodhoundBlog/?p=1681</p>
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		<title>By: Mark Eibner</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-64891</link>
		<dc:creator>Mark Eibner</dc:creator>
		<pubDate>Sat, 11 Oct 2008 18:16:52 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-64891</guid>
		<description>&lt;span class=&quot;topsy_trackback_comment&quot;&gt;&lt;span class=&quot;topsy_twitter_username&quot;&gt;&lt;span class=&quot;topsy_trackback_content&quot;&gt;we&#039;re at it again The Continued March Toward Single Agency&#8230;: Time flies when you\.. http://tinyurl.com/3k9mgv&lt;/span&gt;&lt;/span&gt;</description>
		<content:encoded><![CDATA[<p><span class="topsy_trackback_comment"><span class="topsy_twitter_username"><span class="topsy_trackback_content">we&#8217;re at it again The Continued March Toward Single Agency&#8230;: Time flies when you\.. http://tinyurl.com/3k9mgv</span></span></span></p>
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		<title>By: Steve Simon</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20048</link>
		<dc:creator>Steve Simon</dc:creator>
		<pubDate>Sat, 11 Oct 2008 16:45:13 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20048</guid>
		<description>The main portion of my real estate income for over twenty years has been and still is consulting income, either by the hour or by the job (by prior agreement).
I have worked on a commission basis (rarely) over the years; but for the most part I have always had one direction, operate in the best interest of my client.
I believe that the interests of the buyer and seller, while on the surface can seem to be overlapping, are actually counter to one another regrdless of how one would like to couch their positions.
The seller wants the highest and best price. The buyer wants to pay the lowest and most financially beneficial price (terms). Each may or may not yield in certain areas to certain degrees, but their goals are counter to one another.
Attempting to serve both guarnatees that neither receives the optimal respresentation.
Florida has been rewriting agency laws and rules for the entire time I have been teaching their courses. I have seen major overhauls no less than five times. All the while suspecting that only the NAR lobby is preventing the absolute single agency only environment.
I think you will see yet another push towards complete single agency in the twilight of my time in the industry.
A buyer paying for representation is not a new concept. Commericially it has been around for fifty years. 
The reduction of seller side fees overall but with compensation going only to the seller&#039;s agent is the logical progression.
The buyer&#039;s choices (as they are now):

1) Go without full representation (only for the well experienced and the brave);

2) Trust in limited form of representation (which I believe results in a blurred result at best);

3) Hire a buyer&#039;s agent (the source of compensation left for other discussions or to defend my comments here);

4) Opt for a complete level of overkill :) use the attorney;

I think that if the real estate industry would like to create a new proper foundation for the future they will move towards absolute single agency. If they don&#039;t, you will see the public starting to move towards #4. You can get a very savvy attorney to write the contractual offer and counter-offers, handle the negotiation, and even attend the closing for under a couple of thousand dollars.
The industry will either change or you will see order clerks with real estate licenses and lawyers for both the seller and buyer (as you already do in a lot of places).
Just my thoughts:)</description>
		<content:encoded><![CDATA[<p>The main portion of my real estate income for over twenty years has been and still is consulting income, either by the hour or by the job (by prior agreement).<br />
I have worked on a commission basis (rarely) over the years; but for the most part I have always had one direction, operate in the best interest of my client.<br />
I believe that the interests of the buyer and seller, while on the surface can seem to be overlapping, are actually counter to one another regrdless of how one would like to couch their positions.<br />
The seller wants the highest and best price. The buyer wants to pay the lowest and most financially beneficial price (terms). Each may or may not yield in certain areas to certain degrees, but their goals are counter to one another.<br />
Attempting to serve both guarnatees that neither receives the optimal respresentation.<br />
Florida has been rewriting agency laws and rules for the entire time I have been teaching their courses. I have seen major overhauls no less than five times. All the while suspecting that only the NAR lobby is preventing the absolute single agency only environment.<br />
I think you will see yet another push towards complete single agency in the twilight of my time in the industry.<br />
A buyer paying for representation is not a new concept. Commericially it has been around for fifty years.<br />
The reduction of seller side fees overall but with compensation going only to the seller&#8217;s agent is the logical progression.<br />
The buyer&#8217;s choices (as they are now):</p>
<p>1) Go without full representation (only for the well experienced and the brave);</p>
<p>2) Trust in limited form of representation (which I believe results in a blurred result at best);</p>
<p>3) Hire a buyer&#8217;s agent (the source of compensation left for other discussions or to defend my comments here);</p>
<p>4) Opt for a complete level of overkill <img src='http://agbeat.wpengine.netdna-cdn.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />  use the attorney;</p>
<p>I think that if the real estate industry would like to create a new proper foundation for the future they will move towards absolute single agency. If they don&#8217;t, you will see the public starting to move towards #4. You can get a very savvy attorney to write the contractual offer and counter-offers, handle the negotiation, and even attend the closing for under a couple of thousand dollars.<br />
The industry will either change or you will see order clerks with real estate licenses and lawyers for both the seller and buyer (as you already do in a lot of places).<br />
Just my thoughts:)</p>
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		<title>By: Matt Wilkins</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20044</link>
		<dc:creator>Matt Wilkins</dc:creator>
		<pubDate>Sat, 11 Oct 2008 15:57:27 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20044</guid>
		<description>I think this is an industry that the indsutry has tried ti keep a lid on but unfortunately is going to be pushed into the spotlight VERY soon.  In my practice I find that most of my clients DO use a variety of websites to do research but they still contact me in a timely manner as a source of filtering and verifying the infromation they are bombarded with.  That tells me that this shift in the industry will not make us extinct just shift the focus of how we work with clients/customers.

Mark, kudos for bringing up the term consultant in your comment.  I maybe ahead of hte curve by running a real estate consulting firm and being a real estate consultant (I still get blank stares from local colleagues) but I see the future and hopefully I will be ahead of the curve in my local market.</description>
		<content:encoded><![CDATA[<p>I think this is an industry that the indsutry has tried ti keep a lid on but unfortunately is going to be pushed into the spotlight VERY soon.  In my practice I find that most of my clients DO use a variety of websites to do research but they still contact me in a timely manner as a source of filtering and verifying the infromation they are bombarded with.  That tells me that this shift in the industry will not make us extinct just shift the focus of how we work with clients/customers.</p>
<p>Mark, kudos for bringing up the term consultant in your comment.  I maybe ahead of hte curve by running a real estate consulting firm and being a real estate consultant (I still get blank stares from local colleagues) but I see the future and hopefully I will be ahead of the curve in my local market.</p>
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		<title>By: Mark Eckenrode</title>
		<link>http://agbeat.com/editorials/real-estate/the-continued-march-toward-single-agency/#comment-20041</link>
		<dc:creator>Mark Eckenrode</dc:creator>
		<pubDate>Sat, 11 Oct 2008 15:36:10 +0000</pubDate>
		<guid isPermaLink="false">http://agentgenius.com/?p=5544#comment-20041</guid>
		<description>@matt: i&#039;m not sure what direction to take my comments, you&#039;ve covered a lot of ground quickly in this post and opened up several fascinating conversations. thanks.

&lt;blockquote&gt;The thought is that website MLS access is now a utility, and not a service. The perception is therefore, that the buyer’s feel deserving of the material and are offended if it’s not openly available.&lt;/blockquote&gt;

it&#039;s unfortunate but so many agents view MLS as their most marketable &quot;service&quot; or as their primary method of lead-generation online. these same agents wonder why they struggle against being perceived as a commodity (while everyone markets the same MLS/IDX) and rely on &quot;we&#039;re your home team&quot; taglines for differentiation.

online is the land of quick-cut attention spans. if you want more people, then you&#039;ve gotta figure out how to give more - a lot more - first (and not something everyone else has.)

let&#039;s face it, we all know MLS/IDX is not consumer-centric. there&#039;s not a lot of control of how they get their results. my dream home is not limited to checkboxes for bedrooms and baths. this is why google owns the online search market - they figured out how to provide more of what the searcher actually wanted. they cared about serving the end-user more than the webmasters of the sites being listed.

someone will figure this out (Zillow? Trulia? Roost?) and i guarantee it won&#039;t be designed as a tool for agents but for the consumer. where does that leave those realtors we discussed above? struggling for an identity and a business.

&lt;blockquote&gt;People, for the most part will always need a highly trained and knowledgeable consultant&lt;/blockquote&gt;

two things this quote provoked:

one: you probably view &quot;consultant&quot; the same way i do - as someone who takes a client under their wing and protects and guides them through choices. if that&#039;s the case, then where is their room for dual agency?

two: there are still those realtors out there trained and conducting business as order-takers (fries? soda? jumbo-sized?), not as consultants.

&lt;blockquote&gt;I don’t know about you, but I find it fascinating to be on the cusp of evolution.&lt;/blockquote&gt;

hells yeah.</description>
		<content:encoded><![CDATA[<p>@matt: i&#8217;m not sure what direction to take my comments, you&#8217;ve covered a lot of ground quickly in this post and opened up several fascinating conversations. thanks.</p>
<blockquote><p>The thought is that website MLS access is now a utility, and not a service. The perception is therefore, that the buyer’s feel deserving of the material and are offended if it’s not openly available.</p></blockquote>
<p>it&#8217;s unfortunate but so many agents view MLS as their most marketable &#8220;service&#8221; or as their primary method of lead-generation online. these same agents wonder why they struggle against being perceived as a commodity (while everyone markets the same MLS/IDX) and rely on &#8220;we&#8217;re your home team&#8221; taglines for differentiation.</p>
<p>online is the land of quick-cut attention spans. if you want more people, then you&#8217;ve gotta figure out how to give more &#8211; a lot more &#8211; first (and not something everyone else has.)</p>
<p>let&#8217;s face it, we all know MLS/IDX is not consumer-centric. there&#8217;s not a lot of control of how they get their results. my dream home is not limited to checkboxes for bedrooms and baths. this is why google owns the online search market &#8211; they figured out how to provide more of what the searcher actually wanted. they cared about serving the end-user more than the webmasters of the sites being listed.</p>
<p>someone will figure this out (Zillow? Trulia? Roost?) and i guarantee it won&#8217;t be designed as a tool for agents but for the consumer. where does that leave those realtors we discussed above? struggling for an identity and a business.</p>
<blockquote><p>People, for the most part will always need a highly trained and knowledgeable consultant</p></blockquote>
<p>two things this quote provoked:</p>
<p>one: you probably view &#8220;consultant&#8221; the same way i do &#8211; as someone who takes a client under their wing and protects and guides them through choices. if that&#8217;s the case, then where is their room for dual agency?</p>
<p>two: there are still those realtors out there trained and conducting business as order-takers (fries? soda? jumbo-sized?), not as consultants.</p>
<blockquote><p>I don’t know about you, but I find it fascinating to be on the cusp of evolution.</p></blockquote>
<p>hells yeah.</p>
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