Latest / Mortgage Marketing Radio / The Role of Loan Officers in the NAR Settlement
Transcript
- 0:00Well, good day. Listen to how you do in Jeff Zimper, your humble
- 0:14most of the mortgage market radio podcast. Thanks for tuning in. And if this is your first
- 0:18time listening, welcome. If you've been listening for some time and you'd like to share
- 0:23your love of the podcast, hey, leave us a review if you don't mind. There's a link down here
- 0:28in the show notes and it says enjoying the podcast, please leave us a review. That's how we
- 0:32reach more people. Appreciate that. And before we get into today's special guest, of course,
- 0:37I've got a win of the week coming at you from our community of mortgage professionals.
- 0:42My agent classes, what we do is help originators attract versus chase realtors and build a platform
- 0:48that rises above the noise, help you become 15 mile famous and move from being seen as a
- 0:53solicitor and vendor to a partner and peer. Win of the week this week is coming from Mitch to
- 0:58God. Mitch, what's up? Obviously, we are post NAR settlement. So the NAR settlement buyer strategies
- 1:05navigating the new normal is one of the things we're leading with in terms of classes. We actually
- 1:10have three different classes we're doing around the NAR settlement to help buyers level up their
- 1:16buyer presentation, help them convert more people to right, signing those agreements and securing
- 1:21their compensation and lots of other strategies around this. But my buddy Mitch put together an NAR
- 1:26panel with inspiration from our group, our class and our content and he's doing it coming up in
- 1:31September and he says agents have loved the idea of doing it a month out. So the dust can be somewhat
- 1:37settled right post August 17th and have an actual meaningful panel conversation about what challenges
- 1:43have been hitting the most right coming at about 30 days after August 17th. And the goal is to then
- 1:49have a follow-up panel right after that as well and continue to do his monthly classes that he's
- 1:54been doing in the meantime. He's becoming 15 mile famous when he submits offers people recognize
- 2:00his name when he makes calls posts on social media DMs on social media people recognize his names.
- 2:05Best part Mitch says he's got two top producing agents in the area on his panel who've never bothered
- 2:11to answer his calls or meet before along with other another managing broker a title rep a builder
- 2:18and attorney he's meeting them all on Monday to brainstorm and plan their capping the event at 75
- 2:24agents. Guys this is called being smart this is called leverage right one too many if you're looking
- 2:30to accelerate your awareness engagement and conversations in your local market you can do it one on one
- 2:36one's easy to use and crawl and go slow or you can put yourself on the fast track right and become
- 2:43well known and attract people to you and build this personal brand that breaks through the wall of
- 2:46noise. I don't know if this is right for you we are taking a few more applications and the way
- 2:53you find out more about this if we're fit for each other is you schedule a call with me you go to
- 2:58mortgage marketing.pro grab a time on my calendar we'll have a 30 minute conversation see if we're
- 3:02fit for each other so check it out all right my special guest for this week I'm really thrilled
- 3:10about this conversation because I there's a few people I know and some have spoken to a lot of
- 3:18haven't but few people I know who have their pulse their finger on the pulse of what's happening
- 3:22in real estate two day right now especially in a post and air settlement world I'm talking about
- 3:28my guest James DeWiggins is the co-founder and chief executive officer at next home he's also the
- 3:34co-founder on a brand new tech startup called raise our a ys e you'll hear more about it in the
- 3:38conversation there's a link in the show notes for everything we talk about raise is in mate I've
- 3:42seen the demo on raise it's pretty mind blowing in terms of helping buyer agents demonstrate
- 3:48and provide proof for all the work and steps and process that goes into leading up to a successful
- 3:54close to purchase transaction so besides that James is the as I said the chief executive officer
- 4:00and co-founder of next home and he's got a huge footprint of real estate across the country
- 4:06he's got over 500 office locations nearly over 5,000 agents across the country he speaks to high
- 4:12level people the CEO of the NAR and a lot of other industry leaders and influencers and this
- 4:18is a great crash course in how to engage with agents so you deliver value and become a true partner
- 4:25how to better understand what's happening post in our what to be aware of and look out for and
- 4:29then kind of what's on the horizon long term so you can adjust accordingly and make some long
- 4:34term adjustments to your strategies your conversations on both the buyer side and the agent side as
- 4:39well so I know you'll enjoy this conversation by the way feel free to share it with your real estate
- 4:44agent partners I think they'll find tremendous value in it as well check the links in the show notes
- 4:49if you want to listen to James podcast it's fantastic real estate insiders unfiltered love it great
- 4:56conversation so without further ado let's get into this week's show James welcome to the show
- 5:02thanks for having me super excited to uh discuss all things
- 5:06non-existent in residential real estate lawsuits so what do you want to talk about man want to talk
- 5:10about music how about this let's talk about you grow up and slow right I did uh it was born and raised
- 5:16in San Elizabeth, California I think was just voted in one of the top 10 cities to to live in the
- 5:20United States saw in a magazine recently um called slow town but yeah it's born and raised there so
- 5:25I know the area well my son is in his third year at Cal Poly
- 5:29mechanical engineering oh mustangs oh mustangs it is the school for engineering uh it's a school
- 5:38for agriculture yeah and uh a school for having the greatest bars downtown and a great knife so
- 5:43sure I wish I had my I got a frog and peach shirt I wish I had got it just for sure
- 5:48great great pub to go out of beer at yeah and he uh he's been in a band and they played at
- 5:53frog and peach and a bunch of venues down there so I you know I was there I'm 44 and I grew up in
- 5:58San Luis my whole life so I saw San Luis bespoke downtown transition from some of the original
- 6:02ball bars to some of the bars they are now so it's yeah it's evolved a lot yeah for sure that's
- 6:09cool yeah I always love to find um when people are like from there know there you know that no slow
- 6:14no the whole community it's a very unique it's very cool vibe there you know yeah I dig it I dig it
- 6:20but all right so we're not here to talk about that who is James Wiggins what's what's the
- 6:24all about what do you want to tell the listeners who might not be familiar with who you are uh I
- 6:27mean you know I he's talking about myself but um third generation in residential real estate my
- 6:33grandfather started his real estate company in San Luis Obispo in 1967 ironically um both my
- 6:39parents were brokers my grandparents were brokers so I worked in that side of the business worked in
- 6:44prop tech uh starting sold a couple software companies in residential real estate uh and then
- 6:48got involved in franchising in 2006 for a company called Realty World um eventually became the
- 6:53vice president there and then uh my business partner today from next home and I bought that company
- 7:00in uh in 2014 we ran that franchise here in Noracal with about 400 offices across the northern
- 7:07california market and then we started next home in 2014 which is our current national franchise
- 7:12and that uh after about a 10 year run it's about 630 locations uh across the US um we do
- 7:19company does a lot of business you over 30,000 deals with over 12 billion in volume annually so
- 7:24it's not a small business um it's been a fun ride and uh now we're in the thick of all the change
- 7:30going on right so okay thank you for that and we're going to put links to everything we talk about
- 7:34in the show notes uh as a matter of fact you're also our co-host of a podcast right real estate
- 7:38insiders unfiltered which I've been listening to and you have some you have access to high level
- 7:44people such as the uh current CEO of the NAR other folks so anybody who's listening mostly
- 7:50loan officers listening to this uh first of all share this conversation with your real estate
- 7:53agents by the way this is a great way to get some uh engagement and uh conversation with agents
- 7:59but also check the links in the show notes um okay so we're five days in to this uh august 17th
- 8:05NAR settlement thing kicking into official gear you've you've got obviously a very strong pulse
- 8:12the real estate industry you've got thousands of agents uh do you have a report card yet from
- 8:18the streets on how this has been going i mean i'll put it this way it's not it's all things not
- 8:26unexpected um you know the companies that were prepared and had been really ahead of this like
- 8:32my six thousand agents don't they're all very clear on what the rules are we retrain them before
- 8:39the verdict even happened in october we retrain them uh starting the september last year
- 8:43so you know when if you were in if you were in an organization that was understanding the changes
- 8:47and wasn't fighting it and just kind of going this is where the puck's gonna be we got to skate
- 8:51towards that um we're we're prepared i can't say that about everybody else um there's you know
- 8:58there's a lot of people who waited till the last minute don't understand the rules don't
- 9:02agree with the settlement don't agree with the terms we want to fight it and so we certainly
- 9:07are seeing you know two camps the camp of this is the process this is how we communicate we're not
- 9:13doing cooperative compensation any further um and this is direction we're gonna go and then you're
- 9:18seeing people go screw the lawyers we don't care uh and we're gonna continue to do things the way
- 9:24we have or try to find what we're calling workarounds all of which those people will eventually get sued
- 9:29and there's been two interviews done by the main uh the plaintiffs lawyers uh or the past few
- 9:35days on in menus Michael catchmark and Douglas Miller who was behind the morale case out of
- 9:40Illinois who have put in no under no uncertain terms their intentions of making an example out of
- 9:47uh additional organizations that are not following it or are trying to do workarounds and i
- 9:54look i think that we're in the first inning for lawsuits um this industry as much as i love it
- 10:00with a passion you know has a lot of people that just can't get out their own way and you're
- 10:06gonna see more lawsuits occur and unfortunately these lawsuits are gonna be very expensive because
- 10:10you know i am a name defendant in one of these cases and i can tell you the legal bills are massive
- 10:14the only people winning on this is the lawyers of course and unfortunately smaller companies if they
- 10:19get sued will bankrupt themselves they won't have the funds to defend it so i i heard a term it might
- 10:25have been you who said this uh 20 to 40% Exodus uh the real estate population yeah yeah yeah i think
- 10:32it's it's somewhere in that number keeping in mind we've already had some of that decline already
- 10:36over the past 12 months but you're gonna see it really go into full effect here because this decoupling
- 10:42of compensation is gonna it's gonna create the haves and have nots the agents that know what
- 10:46they're doing and can articulate value or are gonna do just fine agents that don't or in it part
- 10:51time we're gonna have a harder time with it um they'll see commission rates or compensation rates drop
- 10:57i'm estimating anywhere between 50 to 100 basis points and uh and then you'll start to see some
- 11:02pretty significant Exodus from the business so do you think um you know you you have a strong
- 11:08tech understanding and you know market efficiencies and you know there's there's some some narratives
- 11:14around you know the market will always find the most efficient way i guess if you want to kind of
- 11:19use that angle do you think this is just was a matter of time that this was gonna happen and this
- 11:24will bring additional call it efficiencies professionalism whatever you know anyway to the industry
- 11:32uh long term yes short term i'm worried yeah i don't think it's gonna be smooth um i you know just
- 11:42there's going back to even just cooperative compensation you know exp's out there said they're not
- 11:47doing any further we're not doing any further um and so it there's a lot of companies that are
- 11:53moving to this camp of we're not gonna do things the old way and there's a lot of companies that
- 11:59don't want to do that and so i think you're gonna see a lot of really shady practices somewhere
- 12:03in the middle of all that for a bit until people realize that they need to start making the shift
- 12:09and i do have some anecdotes um just in general i i think that people i i think the lawyers and
- 12:18everybody who's trying to make these changes don't understand the psychology of buyers and sellers
- 12:26they don't want to be unrepresented it's an infrequent complicated transaction um and they are
- 12:34wanting to sell and buy a house and what i mean by that is the seller is interested in selling their
- 12:39home whatever it's gonna take to do that and this is a part that i think is really interesting we're in
- 12:45the you know not of arguably right now based upon the past few years not the greatest rate
- 12:49environment you know we're used to much lower interest rates if you go back in time we all know
- 12:53this is actually isn't that bad but that's not the point um and so the people that have been selling
- 12:58their houses over the past you know 2022 and 2023 and so far this year have been having to sell
- 13:04their houses because of life events like just life kids job transfer whatever it is and so we've
- 13:09been around four million units annually those people want to sell their house so my point behind
- 13:15this is it they're going to continue to do what it takes to make that happen and if it requires
- 13:21this seller to pay the buyer's agents compensation because we all know who are listening to this the
- 13:26buyer cannot afford more stuff out of pocket they're gonna do it and the anecdote is this on my
- 13:32podcast we have a one coming out next week it'll be a very controversial podcast and i'm trying
- 13:36to get canceled where we uh we brought a broker on who stopped uh offering compensation to the
- 13:43buyer's agent november last year wow early bird yeah right after the verdict he decided to do
- 13:49it and we brought him on to share his story and he did seven listing since then all of them
- 13:53offered zero but he stated the sellers willing to entertain any and all requests just put it in your
- 13:58offer which is what we've been teaching and i can tell you in every single one of those scenarios
- 14:03where the the buyer needed the buyer the seller to pay the buyer's agents fee they did
- 14:08and everybody got paid because the seller the psychology is when you sell your house you have equity
- 14:14but it's kind of found money like you didn't have really access to it now you do and they all
- 14:19want to sell their house so they're going to do what it takes to put a deal together so i'm not in
- 14:24this camp of you know this is going to go the rate the the route of AI is going to do this whole
- 14:30thing i think that's bullshit nobody wants to AI the sale of their home it's way too complicated
- 14:34and frequent to do that um do i think technology will shift things sure in time but this is still
- 14:41extraordinarily stressful emotional paperwork intensive and relationship based even on the
- 14:48loan side like i it's it's still people want to sit down and talk with somebody and figure out
- 14:52what whether making the right decision etc so short term i think you're going to see some of this
- 14:58you're going to see things somewhat stays out as well before it changes so like any change right there's
- 15:03the pendulum this wings um what then back to this whole uh you know we're not doing the cooperative
- 15:10compass we're not advertising are we co-opping on compensation submit all offers
- 15:16what have you and speak to what you're comfortable around or not but you know what i'm seeing is
- 15:21certain camps provide training around advising the seller on the pluses and minuses of
- 15:27transferring buyer compensation are you endorsing that as well 100% and it's a very simple
- 15:32conversation so this is to me there only the only them would be controversial like a normal
- 15:38amp the only reason a seller in this new world should be offering compensation in advance of an
- 15:43offer is if it's a buyer's market where you've got just a couple buyers lots of houses and you're
- 15:49going to try and incentivize a buyer to buy your home to over another here's the part this really
- 15:53controversial this is what we get everybody thinking so effective august 17th mandatory buyer
- 15:58rep agreement before you show a property which means that every agent is going to sit down with a
- 16:03buyer have a conversation about their services what they're doing the products all of the stuff
- 16:08including cop and the buyer in the buyer's agent will agree to those terms there's no scenario
- 16:14in this new world where those rates don't vary significantly you know inexperienced agents are
- 16:20going to charge a lot less to get a deal done experience agents are going to charge a lot more so
- 16:24here's the rep in a world where that now exists the selling agent the listing agent knows that
- 16:31rate is going to vary and you have a fiduciary responsibility to your seller which is going to be
- 16:37to get the highest net price possible why would you ever offer or tell a buyer what you're
- 16:43willing to do in advance of an offer because hypothetically speaking let's say an agent was paid
- 16:48X and the list in the seller was willing to offer double that if you if the buyer's agent was
- 16:55only going to be paid half of that amount based upon the agreement and you advertise something double
- 17:00you just told what told the buyer what to put in the offer and now you just left money on the table
- 17:06so the next claim that I think you're going to see and my lawyers have confirmed this is you might
- 17:10see fiduciary breach claims coming from sellers saying why would you advertise this price
- 17:16why would you advertise this rate when the buyer's agent was only needed X to be paid you just
- 17:22literally screwed me out of whatever amount of money and that's an easy claim to show because
- 17:26you simply you're just simply subpoenaing the records of the deal you can see what the buyer's
- 17:31agent was paid what you advertise there's your damages and voila you've got another action class
- 17:37action claim so what we're teaching Jeff is really important we're telling the seller this so Mr.
- 17:43Mrs. Seller here's the deal what's most important to you and they go the net great we figured that
- 17:48would be your answer so what we're going to tell you is this we're going to say seller is willing
- 17:52to entertain any and all requests put it in your offer the list in the or this by an agent calls
- 17:57what are you offering sellers will entertain any and all requests put in your offer so you're not
- 18:01offering compensation no we're not saying that we're saying we're willing to entertain any request
- 18:05that your buyer has just put it in the offer and so we take the offers in we look at those offers
- 18:12we come up with a strategy to respond counter all of them accept it whatever you want to do
- 18:17but the point here is even when the seller is saying I don't want to offer any compensation
- 18:23to the buyer's agent we go Mr. Mrs. Seller I'm gonna I'm gonna you're entitled to do that to be
- 18:28clear and we're not suggesting otherwise but I'm gonna actually suggest that you don't do any of
- 18:33that let us just get the offers in and then we'll respond because Mr. Mrs. Seller this is most
- 18:38important you said net correct and they're going to go yes by the way this is real world examples
- 18:43of what's happening you may get two offers one of them's all cash at asking price with the buyer
- 18:48saying they'll pay their buyer's agents fee and you're going woohoo great I got what I wanted but
- 18:53what if a second offer came in a hundred thousand dollars over but asked you to pay the buyer's
- 18:57agents fee through the closing process but it netted you fifty thousand dollars more which one's
- 19:01actually more a better offer and they go oh I didn't thought about it that way so don't leave
- 19:06all that stuff off the table we're just going to bring offers in and then figure out our strategy
- 19:10forward yeah plus that that also positions the listing agent to to provide more negotiation
- 19:16more value to the transaction you know the whole point that the thing to me about what I I'm
- 19:22I'm trying to educate the industry on this they just are not there yet they'll get there
- 19:27it doesn't matter it in the world of negotiation it means nothing I don't give a shit if the seller
- 19:34says sold as is okay my buyer wants the couch so like it's going to get put in the offer and you
- 19:43as a seller can choose whether you want to accept it or not like it just the whole point is there's
- 19:48a house for sale there's a buyer who wants to write an offer be it that's just the whole the whole
- 19:54conversation is going to boil down to that we just are going to get it's going to be a lot of
- 19:58waves to get to that point so let's let's go devils advocate here for a minute because I think you
- 20:03and I have a mutual acquaintance yeah with Christy Janks over there and this was a response to
- 20:09that scenario you basically just laid out was you know submit all offers all offers you know
- 20:14will will entertain and of course there's an agent who responded um there are buyers already
- 20:21stating that they will not visit a home that's not being offered comp blah blah blah right so you
- 20:25get the whole I don't think that's a strategy of work for them so we need to know ahead of time
- 20:28whether there's comp by the seller or not how do you respond to that the buyers agents not doing
- 20:33their job correctly okay we're really simple so mr. and Mrs. buyer so I'm going to give you the other
- 20:39script so in this new decoupled world this is my fee this is what we agreed to this is my
- 20:46service is blah blah blah blah okay we have a couple ways that we can do this for for payment you
- 20:51can pay it is one way to do it or we can put that request in the offer as the second step so we
- 20:57can ask the seller to pay my fee directly or the third option is we can ask a seller for concessions
- 21:03that go to you and then you can turn around and pay their my fee and put it towards other closing
- 21:07costs whatever it is mr. Mrs. buyer you need to understand that in this new world every house is
- 21:13for sale and it's my job to get you into that property so any house you want to look at we're
- 21:19going to look at it we're going to tour it we're going to write an offer on it and then I'm going
- 21:23to negotiate with the listen agent on how to make this all work for you and if for any reason they
- 21:27won't do it and you can't pay it well then we'll have to adjust at that point in time but
- 21:33every house is for sale I will show it to you we will write an offer we will negotiate and here's
- 21:39the thing I guarantee you sellers are wanting to sell their house so we'll try to figure out a
- 21:44strategy do that and then I'll add the fourth piece we're going to work with our loan officer
- 21:48so all loan officers listening on the strategy on how to do all of this stuff too so that we can
- 21:54write it a write a contract that is getting win out on others will come up with a strategy
- 21:59together so we can make this happen that's the pitch that's it there is nothing else to it other
- 22:04than that and so any buyers agent that is not doing that to be clear because I hope want them to
- 22:10hear this you are violating your fiduciary duty you are not following what you should be doing
- 22:15and you should leave the industry because if you can't do your job correctly then you don't
- 22:19belong representing buyers in this market it is that simple it's just that simple so see some
- 22:24tantrums happening across the country it is and it's and look I mean I'll share with you I saw
- 22:30some stuff today where I'm just like they're creating forms which I'm going to tell you right now
- 22:36because I have deep connections as you are aware to a lot of the people in the industry including
- 22:42the plaintiffs in the department of justice brokers that are creating forms and having buyers
- 22:46sign them that state they're not going to be shown houses that don't offer conversation advance
- 22:51will get sued that's not steering really that's called steering and then when they're doing it
- 22:56together with other companies it's called collusion and so I found out about three of them doing
- 23:01it today in a market that they're colluding to make this so it keeps things standardized every
- 23:06single one of those brokerages will get sued and they will spend a hundred thousand dollars a
- 23:12month in legal fees defending themselves or if they can't afford it will bankrupt their company
- 23:16that is literally where this is going to go in the two comments that were done by Douglas Miller
- 23:20and Michael catch mark over the past two days was exactly that they are going to target people
- 23:25and they will make an example out of people that are doing it yeah wasn't a catch mark who said I'll
- 23:29be watching they are they both are yeah Douglas Miller was involved in the in behind the scenes on
- 23:35morale and then catch mark was obviously Burnett and Sitzer they're all collaborating together
- 23:38because it's all one big class at this point all right but well okay so you mentioned the loan
- 23:43officers and and seeing as that's who's mostly listening to this but if you did receive this
- 23:48podcast by way of a loan officer you're a real estate agent make sure you thank them and ask
- 23:52them more about this um strategy we're going to talk about right now which is what happens when the
- 23:57buyer can't pay the agent out of pocket what are the options and say the seller isn't paying
- 24:03this is where financing right creatively comes in and uh as I'm sure you will know James
- 24:09been others that are listening you can finance that into the loan or finance that into the price
- 24:15um do you have any opinions on that other than what you just said those are the options I think
- 24:21that I'll go deeper a little bit in that I believe for every loan officer listening here you have
- 24:27the greatest opportunity of your career so just for clarity we have a mortgage company as well
- 24:32um and I can tell you what everyone of our loan officers is doing we told them get your butt on
- 24:38the phone call every single agent you've ever worked with ask them to sit down so that you can
- 24:44talk about strategy on how to get your compensation covered your buyers into a house both strategy when
- 24:51you're asking for excuse me concessions when you're asking to have the seller pay it directly
- 24:56like this is the time where you create a much tighter bond between you and your agents and I will
- 25:05go as far as saying I think it's smart that the uh the loan officer even even attends some of these
- 25:12buyer consults and sits down and articulates value on what they do so I love this idea of an agent going
- 25:19here's the 150 things I'm going to do in a real estate transaction over the next 90 days and this
- 25:25is my job by the way this is this is Jeff my loan officer he's a badass and these are the extra 230
- 25:32things we got to get right to make sure that your loan gets approved qualified gets through underwriting
- 25:37we we make all the stuff to come together so we're going to jointly talk about what this experience
- 25:41looks like two things occur there one is credibility two complexity we want the consumer to understand
- 25:46this isn't an easy thing to do and three that they feel like they have a team working for them
- 25:51I think that's a huge thing I'll go step further than that I think it's important that loan officers
- 25:55are talking with listing agents having them understand the different ways to receive offers
- 26:02and how they can make sure the seller understands that it's not just about whether you're paying
- 26:07compensation or not there are ways that you can get a higher net by having offers structured
- 26:12in such a fashion to do that that example I gave you of you know AB so to me this is a this is a
- 26:18huge opportunity for the industry to collaborate more closely and educate I would tell you I think
- 26:25there's so much freaking confusion out there every L.O. and the agent should be doing sessions for
- 26:31the consumer like explaining the new world what does all this mean what does it mean to you
- 26:36no you don't actually have to come out a pocket to pay your buyers agent that all the stuff that
- 26:42press and all the stupid mainstream media continues to put out is not accurate we all know it's not
- 26:47accurate but buyers are only hearing what they see in the New York Times or Wall Street Journal
- 26:52or whatever and we have to have such a louder voice about what is actually happening boots on the
- 26:59ground which is a huge opportunity to to get you know new business but we're not like no one's
- 27:05doing that I don't see any of these webinars or seminars going on on on you know social media
- 27:10right now at least I'm not getting asked to attend them so I think there's a tremendous amount
- 27:14of opportunity to collaborate with this agreed I just wrote that down because as you may recall
- 27:18that's a lot of what I do is help originators put on events and classes so yeah just out of that one
- 27:23down do the because everyone's still yeah the home buyer seminar about how about in the new world
- 27:28right of home buying all that I mean every home buyer thinks what they're reading online
- 27:33and the stuff that all the mainstream media is putting out is like okay buyers have to pay for their
- 27:37agent now it's not yeah no that's not accurate at all like yeah and I love the fact that you took
- 27:42the listing agent angle which I've been preaching for years I used to go after listing agents when
- 27:46I was originating and you know for multiple reasons but like they want to make the listing as
- 27:50attractive as possible they know they're going to have buyers who can't pay out a pocket so
- 27:55loan officer you can work with your listing agent to structure finance flyers scenarios whatever
- 28:00put the cool videos together that shows hey here's your four options forgetting in this house
- 28:05right under the new rules also I would consider doing more open houses then you've done before
- 28:12we're past COVID we're all live still like least he's here so like my point is just go like if you
- 28:19got opportunities to bring buyers in to your point have those financing flyers give them options
- 28:24help them understand there are ways to do that another thing to add into this is you can throw
- 28:29on the webinar that you're going to do or what anybody else is going to do the legal risk
- 28:35of being unrepresented in a transaction which buyers are going to be thinking about this
- 28:41significantly is massive and one of the other talking points we do with sellers is to go look
- 28:50where you're going to see a couple things happen number one you're going to see buyers ask to be
- 28:55dual you know dual agency I'm a huge huge like I hate dual agency I think it's a
- 29:01abomination for the industry it's there's no scenario where somebody doesn't feel screwed in
- 29:06that situation and so you know we're teaching we don't do dual agency here I want my representations
- 29:13to you if you share it to you specifically that's why you hired me but mr. miss seller I also think
- 29:19it's incredibly important that we have the buyer represented by somebody who understands how to
- 29:23do this process because if we don't there's a much higher chance that this whole thing could end up
- 29:31in litigation and that cost of litigation is going to be significantly higher than making sure
- 29:36that there was representation on the side I don't care if it's a lawyer I don't care what like the
- 29:41quality of the agent I just want somebody on that other side with an EEO policy to represent them
- 29:46so there's the most sellers go yeah that makes sense like you know so that there's there's these
- 29:52multiple pieces to talk about with educating people on this on this process and we're just not
- 29:58having those discussions the final thing I'll throw in ENO coverage going to be a big big topic
- 30:05coming up because all the agents that are doing dual agency you're going to see litigation increase
- 30:10which I've talked to any of companies I know this litigation will go up ENO carriers will go yeah
- 30:16we're not doing that anymore if you want to do dual agency your coverage costs are going to double
- 30:20or triple we don't know how insurance works and then eventually they'll just go nah we're not
- 30:24going to cover anybody doing dual agency and before you know it all these companies are like whoa
- 30:30we can't get ENO coverage and so you can see what this next like massive problem coming a lot of
- 30:37what needs to happen is setting proper policy now so that you're not dealing with these issues
- 30:43right in six months to a year love that good notes there for everybody listening what have you done
- 30:52then around coaching training your agents buyer side I'm sure you do both but obviously particularly
- 30:59on the buyer side because you know to use the old example of like you know what did somebody I was
- 31:06talking to thousand while consulting and they said you know if you're if my price to work with you is
- 31:11zero I can't value you you know what I mean like how do I value what you do so I'm working a lot
- 31:17right as a matter of fact I have a slide deck here in front of me which is for long officers to
- 31:21teach agents about how to level up their buyer presentation value proposition and all that
- 31:26stuff what what do you been doing with your people on that so two things number one you're you know
- 31:30I'm involved in the venture called raise which is this new prop tech company that is basically
- 31:37tracking I'm going to simplify here but it basically tracks everything a realtor does
- 31:42all their phone calls a log their time their mileage you know how long it takes them to write email
- 31:46everything kind of like a lawyer and concept creates this collaborative cool experience for the
- 31:50buyer to see everything the realtor is going to do an amazing buyer presentation laying out the
- 31:54195 things are going to do in the process the app to collaborate and then the closing report which
- 31:59is just killer so it's everything they did over the course of you know 60 70 days whatever the
- 32:04time frame is the agents are taking those reports on their next buyer console going here's the amount
- 32:09of work involved to work with you know to get to get you into a home and they're showing examples
- 32:14of that very specific details that's the first thing yeah articulating your value very clearly
- 32:19because nobody knows what the hell we do so now we're bringing to light all of this all of these
- 32:24activities the second thing which is where we've moved we've been training our people on this for a
- 32:30while is you have to treat your buyer like a seller and what that means is you don't go out on a
- 32:36listing presentation and just hand them the listing agreement you do a consult you talk to them
- 32:42here's my marketing my advertising what I do this is the social media stuff is how we're going to
- 32:46create you know all just the whole list of stuff nobody does that on the buyer side right like
- 32:51nobody does that and so we've created an entire new package for our agents to sit down with a buyer
- 32:59do the consult go through things with raise here's what you know here's everything that's going to
- 33:04happen what I'm going to do in the experience and here's an example the services I'm going to provide
- 33:07so I'll just give a couple for a context so we cut a deal with a company called Kubikasa they do
- 33:12floor plans and it sounds weird but only 30% of listings have floor plans it's ridiculous but
- 33:18that's the number and so as a service we go mr. missus buyer any house you look at that you're
- 33:24interested in potentially write an offer on let me know and I'll go out there and create a floor
- 33:28plan for you and so they create the floor plan for the for the buyer to see like what the house
- 33:33is that it's an experience of not having to go toward the home that'll do it for you ahead of time
- 33:38and it's an extra service they'll do a thing like we call a revive remodel here's what the current
- 33:45state of the home is we think you could put 50,000 into this particular property and the upside
- 33:50leg potential on it is an extra 250 we'll do a quote on that get like a whole process together on
- 33:55what we think the home could be with a certain amount of investment because it is an investment
- 34:00and so we want to tell them here's where you're at here's what you could do here's the cost to
- 34:04do that and here's what the upside you know potential might be we give our buyers an app called front
- 34:10door at the closing it's this really cool app where it's like a handyman in your pocket you have
- 34:15a problem you can't free I'd use the thermostat pull up front door it's branded to the agent
- 34:20and all of a sudden they can contact front door it comes on video chat and they'll show you how to
- 34:24use the next thermostat so we just we're thinking about how do you create services to increase your
- 34:31value that you would same concept on the list side on the buy side and man it just works it's not
- 34:37it's like buyers go shit like I make complete sense I love it I love what you're doing I'll pay you
- 34:42that and then we have the conversation with them about here's how my compensation works if we
- 34:47can't get the seller to pay it and we can't get you a concession then either you have to pay it
- 34:51or we have to think about looking at another property or coming down in price we can get more
- 34:55aggressive on the price when we're a little bit down in the price rate like this this just strategy
- 34:59right that's it that's all it is yeah reminds me of back in the day you just work with Walter
- 35:04Sanford at a long beach oh man that's a name I haven't heard no Walter yeah with a little dynamite
- 35:10thing yes the dynamite mailers yeah I did that as an L.O. I was sending those to realtors also
- 35:16so Walter was an amazing marketer but he was like I think early on and of course a lot of
- 35:23people use this or used to I guess but seems like it's gone away though but like that concierge
- 35:27service right where here's a list of my like you're to but you've got the modern version right the
- 35:32front door the the cuba casa but he had like all carpenters builders whatever and we do the same
- 35:37thing here's our here's my role it acts of people to work with that's part of it as well but we
- 35:41actually are putting services like paid services into it and I've told agents look you should be
- 35:47taking 10% of whatever compensation that you have that you're making should go back into products
- 35:52and services provided the bar and we also know this so we're teaching to you know different levels
- 36:00of service this is my tears tears and there's I don't it sounds dirty and bad word but like it's
- 36:06not because if I bought a home before right and I've been through the process I don't I probably
- 36:11don't need as much of that hand holding so to me that's like your your tier one your tier two is
- 36:17your first time home buyer who is just needs to be held through the entire experience that's this
- 36:22level of service and then there's the Ritz Carlton tier three and I love to use one of my business
- 36:27partners one of the coolest people possibly is my coast on the podcast I love him dearly and I
- 36:31would say this to his face one of the laziest people I know as well who who's the guy that would
- 36:36pay a premium and did when he bought his house to have somebody pack all his shit unpack all of his
- 36:44stuff have the landscapers there have the cleaning company there like he just wanted to be able to
- 36:51move and move in and didn't want to deal with anything else and pay the premium to do that and
- 36:57I think there is a whole market for that too so what we know for fact is that Americans are
- 37:04we we are in a world where it takes two incomes to make a living anymore for almost anybody in
- 37:09this country 60% dual income households now and nobody wants to do this on their own and we're
- 37:15also all about convenience and service that's literally every survey you ever read is Americans
- 37:20want convenience think doordash we pay just as much to have the food delivered as the food itself
- 37:25and service create those experiences people pay board two quick things one of the the tiered
- 37:30service reminds me of a story I heard years back I forget it was it was a high level executive I think
- 37:35of a tech firm he was moving and talk about like he didn't want to be involved at all he had photos
- 37:41taken of all his furniture and everything in the existing house so that the movers could put it in
- 37:47the new house in the right exactly where he wanted it and like two weeks later he moved in just
- 37:52open door boom ready to go I mean that's brilliant Keith had Keith had a spec a specific individual
- 38:00who came in to figure out how to I don't even know what you call it feng shui the kitchen so that
- 38:06all of your stuff is put away in a logical place right like pots and pans in this story because it
- 38:11makes are you right hand or you left hand like yeah but that's my point somebody's willing to
- 38:15pay a premium for all that right yeah you shouldn't you shouldn't like pre-judge on what people
- 38:20want to pay for yeah speaking of that this is the last point that we're wrap up and you're busy
- 38:23is we're already seeing it you know the flat fee on the buyer side which are take on that do these
- 38:30new business models and how do you think those will play out in the market it's going to come down
- 38:34to one thing it's going to come down to how good of a job buyers agents do and explaining to buyers
- 38:41how compensation will be paid and what I mean by that is if the buyer thinks they have to come out
- 38:47a pocket every time then I think you'll see these business models pick up if the buyers agents
- 38:52you know get their head out of their butt and like think about this a little bit and actually
- 38:56explain to the buyer that this isn't really something you have to do and we can probably get the
- 38:59seller to do it and have that conversation then I'll go back to the comment I just made and I can
- 39:03give you some statistics for this so I think most Americans don't pre they don't know most people
- 39:10don't prefer to work with what they perceive as a discount service they want a full service
- 39:16experience yeah here's some examples of that red fins been around for a long time really really
- 39:22struggled to take off there's still a very small company in you know the north the north the
- 39:26the northwest most of the stuff is referred out across the U.S. Foxden's came over from the UK flat
- 39:33rate business model I think it was like 3995 bankrupt within 18 months purple breaks most recent one
- 39:39came over 2017 bankrupt Americans love this idea of having somebody handle everything for them
- 39:47and they're getting the full experience they like a discount price but they want a full experience
- 39:53so it's going to end up with this one thing if the industry does a good job of of showing and
- 39:58explaining to a buyer you can get full service and you're likely not going to have to come out of
- 40:02pocket on that then I don't think those business models take off if they can't get that figured out
- 40:07I think you'll see these things game or market share so makes me think whatever happened to help
- 40:11you sell 1976 was when they were founded and they're up they're a tiny tiny player in the market
- 40:18yeah and you would have thought during the greatest real estate you know uptick people would have
- 40:24used them and they just people want the what they do with the physicals why are fizzbo such a small
- 40:29percentage still seven percent last year lowest in recorded history yeah yeah and of course
- 40:34as you know the percentage of people using realtor as increased not decreased over the years it's
- 40:40because it's a complicated transaction and attorneys despite how much I don't like them because
- 40:44of all of this nonsense that they're doing they've made it more complex and people also realize
- 40:50that it's incredibly complex paperwork intensive risky transaction and so that's that's also driven
- 40:55that up so that's the only time I'm going to thank lawyers for what they do so yeah it's a it's one
- 41:01of those things where it's it is it's all going to be it's all going to rest on leadership in our
- 41:08industry and how they teach their people yeah yeah which which by the way or one quick question
- 41:12before I let you go if I'm correct did I read that they just appointed a permanent CEO to the NAR
- 41:18they did yeah Nicky how do you point out permanent CEO like isn't that anti you know what I mean
- 41:24like how do you know that's always going to be performing well I mean all I can say is through all
- 41:29the drama they had over there between Kenny Parcell's departure you know the former CEO Bob Goldberg
- 41:35departing they brought Nikiya right in his you know I interviewed her if you guys want to check
- 41:39that out it's on our podcast we just did that interview last week um you know she's very smart
- 41:44she's very bright she has a significant business background she's not from real estate but I also
- 41:49admire about her she doesn't pretend to understand her industry like she knows it all she's she's
- 41:53willing to listen um they had her in as an interim while they were on a CEO search but then they've
- 41:59decided to keep her on for as a you know instead of interim it's now permanent um I don't know what
- 42:05that contract length is that was not disclosed was not told so um we've got you know she's in the
- 42:12seat and certainly we're wishing her the best and I know that we're gonna try and help her as long
- 42:17the way to help get this industry back on the right track so I promised last question but I lied
- 42:22then do you also see a mass exit us out of NAR itself I know you guys by the way I listened to
- 42:25that podcast and we'll link it up in the show notes but it was a really great conversation about um
- 42:29you know the value uh of NAR for members and advocacy and things like that but do you see people
- 42:35bailing on NAR I think NAR has some pretty significant issues it needs to come to grips with
- 42:40and I don't believe that they see it yet um I think there's a little bit of some word I'm looking
- 42:46for I don't know we'll just say that they are not was that mutiny um well I was gonna say that
- 42:52I think there's maybe a little bit of uh they're being a little naive to the amount of discourse
- 42:59towards NAR right now um you have to remember that in the settlement anybody who did more than two
- 43:05billion dollars in volume was left out and so all of those companies might included got sued
- 43:11separately and had to do separate settlements and negotiations on that and so the problem with
- 43:17what they did and I know they had to do it I'm not a hundred percent agreement they had to do it
- 43:21that way but let's just go with the fact that's what it is yeah is that you know 70% to 80% of the
- 43:27realtor members work for one of those hundred companies right and so there's a lot of discourse
- 43:32there if NAR was being incredibly strategic right now they would be figuring out how to build a
- 43:38bridge back to those companies and if they don't then I do think you'll see a mass exodus from
- 43:44NAR and that will be a shame because to the comment you made and we can wrap here is
- 43:50it NAR what its greatest strength is is its power in Washington DC just like NBA like the whole
- 43:56you know getting the VA to make changes was because NBA and NAR were working together and
- 44:01there are very strong force in DC politics if NAR is weakened in size or position
- 44:06there's a there's a very strong chance politicians who we all can all agree or for the most part
- 44:11completely useless will write bills that will not be favorable for home ownership and then it
- 44:16will affect all industries and the lending industry included so it's a it is a concern that if they
- 44:21lose their membership they'll lose their power in DC all right well this has been a fantastic
- 44:26conversation for those listening please check the links in the show notes to all of James resources
- 44:30podcast company new startup rays are a YSE James thank you so much man I appreciate it of course
- 44:38my friend thanks for having me on you bet listeners you know what to do if you like this episode
- 44:41there's a link to also leave us a review so do that in the show notes and we'll see you on the next one