Please ensure Javascript is enabled for purposes of website accessibility

Time for Realtors to Get Real

By Matt Koppenheffer – Updated Apr 6, 2017 at 10:38PM

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More

Real estate agents don't bear legal responsibility for what they tell buyers. After the devastating housing bust should that change?

Imagine you walk into a Best Buy store and head to the TV section. There, wandering among the big-screens are blue-shirted folks ready to tell you exactly why that 60-inch, 3-D, LED TV is just right for you.

Now how do you view these people? As trusted television experts working on your behalf to make sure you get the right TV at the right price and advisors that will potentially tell you to sit and wait if now's not the right time to buy? Or as Best Buy employees who have the company's and their own bottom lines in mind?

I figure most of us would say the latter.

When it comes to real estate agents, though, that may not be the case. Though the incentives are no less out of whack -- the more the buyer pays for the house, the more the agent makes, and the agent makes bupkis if there's no sale -- homebuyers are much more likely to treat a real estate agent as an expert that is guiding them through the complex process of buying a house.

But, as University of Arizona professor Brent White points out in a new paper, real estate agents aren't viewed by courts as advisors at all, but simply as salespeople. That means that agents are free to say pretty much anything they want to potential buyers and have no fear of legal liability.

While the vast majority of agents may have the best intentions in mind when "guiding" buyers, White argues that in the wake of a housing bust that's left a great number of homeowners so far under water that they might find Jimmy Hoffa, the gap between perception and reality for real estate agents needs to be closed.

Professor White suggests that real estate agents either "fully professionalize their role" -- meaning they become accountable and legally liable -- or accept the role of salesperson and avoid providing advice and guidance to buyers. I think this is a brilliant idea and have come up with a few ideas of how implementation might work.

  • Dress code. To make it simple for buyers to know what kind of agent they're dealing with, agents could be split into the two classes that White outlines and the professionalized agents will wear business suits while the sales group would be forced to wear a getup similar to waiters at Jimmy Buffett's Margaritaville.
  • Taxi service. Since pretty much anyone with an Internet connection can get all the information they need about for-sale properties from the sites of companies like Zip Realty (Nasdaq: ZIPR) and Move (Nasdaq: MOVE), agents could become more like a taxi service to simply transport homebuyers from place to place. The National Association of Realtors would become a call center and would keep its trap shut on anything economics related, while chitter-chatter in the real estate taxis would stick to normal taxi topics like lower back pain, why the Yankees suck, and what a jerk the last guy in the car was.
  • Buttons. While with buyers, every real estate agent will have to wear an oversized button that says "I take 6% of whatever you pay and the more you pay, the more I make." Require that they clear their throat and tap the button every time they give anything that can be construed as advice or guidance.

Sure, my ideas might take some getting used to, but it's all about changing the paradigm so that we don't repeat past mistakes, right?

Best Buy is a Motley Fool Inside Value recommendation. Best Buy is a Motley Fool Stock Advisor pick. The Fool owns shares of Best Buy. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors.

Fool contributor Matt Koppenheffer does not have a financial interest in any of the companies mentioned. You can check out what Matt is keeping an eye on by visiting his CAPS portfolio, or you can follow Matt on Twitter @KoppTheFool or on his RSS feed. The Fool's disclosure policy prefers dividends over a sharp stick in the eye.

Invest Smarter with The Motley Fool

Join Over 1 Million Premium Members Receiving…

  • New Stock Picks Each Month
  • Detailed Analysis of Companies
  • Model Portfolios
  • Live Streaming During Market Hours
  • And Much More
Get Started Now

Related Articles

Motley Fool Returns

Motley Fool Stock Advisor

Market-beating stocks from our award-winning analyst team.

Stock Advisor Returns
329%
 
S&P 500 Returns
106%

Calculated by average return of all stock recommendations since inception of the Stock Advisor service in February of 2002. Returns as of 09/26/2022.

Discounted offers are only available to new members. Stock Advisor list price is $199 per year.

Premium Investing Services

Invest better with The Motley Fool. Get stock recommendations, portfolio guidance, and more from The Motley Fool's premium services.