Whole lotta tragedy goin' on. 

Finally, a real estate economist who feels my pain.

On May 7, 2007 the Federal Trade Commission released a seventy-eight page report, "Competition in the Real Estate Brokerage Industry", which concludes that the real estate industry fails to compete as vigorously as it should or could. 

The timing of the FTC's report was as ironic as only academia and big government in harness can make it.  Because it came right after I overheard an agent in my office say he'd lost a listing, a former client's home, to a discounter willing to go through the motions for 3.5 percent.  That's 1 percent to the listing agent and 2.5 percent to the buyer's agent.  Please note that this isn't the "sacrosanct" 6 percent commission of "60 Minutes" fame, nor even a semi-sacrosanct 5 percent, but a total commission of just 3.5 percent. 

Let's review this:  the listing agent receives 1 percent of the purchase price.  1 percent is, after deducting taxes and the usual listing expenses, very close to 0.  So now we know of at least one agent willing to sell real estate for about what he'd make restocking shelves at Wal-Mart.  Wal-Mart pay, Wal-Mart service:  upping the bar in agent professionalism.  Even scarier:  how does Wal-Mart pay cover the cost of an agent's Errors & Omissions insurance if his professionalism lapses?

A few days later my office mate told me he'd lost two more listings to agents willing to work for 4 percent:  1.5 percent to them, 2.5 percent to the buyers' agents.

And the real estate industry isn't competitive?  The only industries more competitive use automatic weapons.

Losing an old client to a discounter struck a nerve with me.  I'd recently lost a listing, also a former clients' home, to an agent whose broker has an "affinity relationship" with the employer of one of the sellers and was willing to cut his commission by as much as half. 

What's an affinity relationship?  It's corporate-speak for "you scratch my back, I'll scratch yours", except that in my experience the ostensible beneficiary, the employee/real estate consumer, doesn't get her back scratched nearly as much as the employer steering her to the brokerage and the brokerage steering her to the agent.  When an employer and a real estate brokerage enter into an affinity relationship, the participating agent agrees to gives up as much as half his commissionbut not to the consumer.  In fact, a cynic would argue that this consumer-agent relationship is only incidentally about the consumer.  The consumer simply serves as the premise for boosting two corporate bottom lines. 

The consumer never knows, because the participating agent isn't likely to volunteer and may in fact have been sternly warned not to reveal, that only a small portion of the agent's rebated commission goes to the sellerjust enough to keep the seller from asking too many questions.  The rest of the rebate is split between the seller's employer and the agent's brokerage.  The employer gets an employee relocation department or relo vendor that pays for itself, and the brokerage, at least from what I've seen, gets more mileage out of marginally productive agents (with nice low commission splits) willing to endure nanny-level supervision that would embarrass a five-year-old.   

So everyone wins in an affinity relationship, right?  Seller gets discount.  Agent gets (to stay in) business.  Employer and brokerage get to divide agent's pound of flesh.  But if it's so win-win, why so hush-hush?  For two reasons.  First, a seller who knows her employer is getting a piece of the action by recommending an agent would, or at least should, question the motivation for that recommendation.  And second, a seller who might never consider using an agent who has to cut his commission by as much as half to stay in business is now unknowingly using one. 

I've got tread marks on my back from this arrangement and I'm gasping in admiration.  The latest thinking straight from the best business schools. 

And as luck would have it, these weren't just any former clients.  While representing them as buyers I'd uncovered a number of drawbacks to the property, enough to grind down the sales price 9.4 percent.  My zeal was commendable.  Even the listing agent complimented me.  Of course, by grinding down the sales price 9.4 percent I was also grinding down my commission check 9.4 percent.  But I wanted to do the best job I could because a) that's how I feel good about myself, and b) that's how I get the listing when my buyers sell. 

But when only a) applies, the sharp agent will tell me what he's always known:  that I should find a cheaper way to feel good about myself.  The sharp agent will tell me I should make hay while the sun shines.  Because every consumer and every agent except the ones being considered for sainthood are looking out for the Old Number One.  The sharp agent will tell me it's a dog-eat-dog world out there, kid. 

Woof!

I haven't bought into the Law of the Jungle just yet and would probably leave real estate before I didalthough I'm not sure why.  All I'd have to do is shift my focus from clients whose top priority is exceptional service (no false modesty here) to clients whose top priority is the too-good-to-be-true free lunch.  I'd still have satisfied clients—they'd be patting themselves on the back all the way to the clipping shed—even if their agent wasn't. 

Sellers like these confirm my belief in a law of the marketplace so fundamental and immutable that only economists and regulators could deny it:  the real estate consumer usually gets the real estate industry she asks for and deserves, including sharp agents, camouflaged discounters and all the other trimmings that come with the free lunch.  The consumer wants a smorgasbord of choices these days, so they tell me, and these days the real estate industry is all about choice:  "pay now or pay later". 

In any case, I can confirm from experience that "Competition in the Real Estate Brokerage Industry" is alive and well, and that the competition isn't just in free calendars and key chains but in commissions.  Warm fuzzies and a glowing testimonial letter go only so far.  Money goes the full distance.  Consumers know this.  Agents know that consumers know this, or find out soon enough.  The academic community, on the other hand, knows that consumers don't know this and makes nice careers out of proving it.  The Federal Trade Commission doesn't know that consumers know this, or can't afford to know it, because bureaucracy is always looking for new roles to play and new turf to stake out. 

But the commission war stories I just related aren't the "tragedy of the commission" that Chang-Tai Hsieh, associate professor of economics at University of California, Berkeley, refers to in a study highlighted in the FTC's report.  No, Professor Hsieh is just trying to figure out why the data says that competition between agents flooding the industry during the real estate boom has pushed the commission percentage rate down, while total commission income has risen directly with sales prices so that "consumers are paying almost 25 percent more for brokerage services, after adjusting for inflation, than they did in 1998".

Before we wrap our minds around this mystery, let's ask Professor Hsieh to take out any axes he might have to grind and place them slowly on the hood of his car.  I don't know if the professor has the academic's aloof disdain for the white-belted real estate agent who invariably acts inexplicably and irrationally (as do you buyers and sellers of real estate) when examined within the artificial confines of the peer-reviewed study.  The fact that Hsieh uses "tragedy" and "agents" in the same sentence suggests an unusually enlightened view:  that perhaps agents are human, or nearly so, and not cardboard cutouts or evil spirits.  "If you cut us, do we not bleed?" etc.  The implications of this should reverberate throughout the academic community, because from here it's just a short step to the revelationbe still my heart!that agents work in an environment designed by and favoring the consumer, not the real estate industry, and that the industry would not survive if this inconvenient truth wasn't reality. 

But no, the "tragedy" Hsieh refers to turns out to be the cost of agent marketing to society, which he estimates to be in the billions each year, instead of simply acquiring business by cutting their commission.  Which, as we've seen, they do.  But according to at least one academic, they don't.  Just one skirmish in the relentless war academia wages on the real world.

The problem with Hsieh's assertion is that to prove it he'd have to compare the marketing costs of all agents with the real commissions they charge.  And I'm not sure how Hsieh could verify the real commission rate charged in one five-agent office, each agent wheeling and dealing on commission both above and under the table, let alone an entire industry.  Stuff goes on between agent and seller that even the brokerages don't know about, let alone the academic real estate economists.  The FTC report quotes one source as acknowledging that "there is not much empirical evidence on commission rates [but this would never stop an economist!].  The data are usually proprietary and not readily available to the public or to academic analysts".  What a shame!  But that minor detail hasn't keep economists from rushing in where real scientists would fear to tread.  Data from REAL Trends annual surveys suggests that "commission rates have gradually fallen [from 1991 to 2005] from 6.1 percent to just over 5 percent".  So, yes, what evidence there is supports the idea that the real estate industry does compete on price, not just refrigerator magnets.  Yet a recent General Accounting Office report says that "even as the commission rate fell...the brokerage fee [in dollars] for selling a median-priced home increased".

Here's probably the best evidence we can have of both a declining commission rate and rising commission income.  Realogy owns the Coldwell Banker, Century 21, ERA, Sotheby's International Realty and Coldwell Banker Commercial franchises, and claims to have participated in one of four domestic real estate transactions in 2005.  Any brokerage with a 25 percent national market share is the real estate industry.  In its 10-K filing for 2006 Realogy says that while its Average Homesale Price is up 56.6 percent and Gross Commission Income Per Side up 48.7 percent since 2002, Average Homesale Brokerage Commission Rate for company-owned offices is down 5.7 percent.  A footnote says Realogy expects this decline in commission rate to continue.  That's pretty clear:  income up, commission rates down and expected to keep going down. 

So what's going on when consumer costs to buy and sell real estate are apparently up even as commission percentages are down?  If real estate were truly competitive, say the critics, commission percentages would go down even further, in roughly the same proportion as sales prices have gone up.  Apparently the real estate industry decided to give itself a pay raise when no one was looking.  The American Bankers Association calculates that at today's sales prices a commission rate of 4.34 percent would "generate the same real rate of return" to an agent as 1991's average commission rate of 6.1 percent.     

Then throw in the plausible idea that the Internet, by simplifying the real estate agent's job, has made agent services worth less to the consumer.  The FTC report quotes the American Bankers Association as saying that “with individuals assuming more of the responsibility to gather and assess information, less time and effort is required by real estate agents in assessing market conditions (for sellers) and in identifying and showing houses [for buyers].  The cost of an agent’s service, therefore, should go down reflecting this shift in burden.”  I'll respond to this in a moment, but in case you're wondering why Big Banking, not normally the friend of the little guy, keeps weighing in on the competitiveness of the real estate industry, it's because they're lobbying to eliminate the regulations that keep them from doing what they'd love to do:  use real estate sales as a loss leader for their lending business.  The new career path in banking:  today a teller accepting your deposit, tomorrow an agent selling your biggest asset.  Same $5 tie, same take-a-number customer service philosophy.

Back to Hsieh, who thinks the real estate industry may indeed be as "fiercely competitive" as the Nation Association of Realtors claims, but that agents compete for listings primarily through marketing rather than through lowering commissions.  We could safely question his assertion, given the commission-cutting stories leading off this article, but for Hsieh this is the “tragedy of the commission".  The FTC report says that the "'tragedy' of relatively inflexible commission rates, according to Hsieh, is not just that consumers receive more services and fewer commission fee reductions than many consumers might prefer, but that the agents themselves are no better off.  Because the ratio of agents to buyers and sellers has increased, agents have to work harder to find clients and consequently spend less time closing transactions" and taking commission checks to the bank.

Hsieh's contention seems borne out, at least in part, by the National Association of Realtor's data on average earnings.  The “typical” income of its members fell from $52,000 in 2002 to $49,300 in 2004, while the income of sales associates (who comprise two-thirds of NAR’s membership) decreased from $41,600 to $38,300.  Note that while the average sales associate's income went down 8 per cent, Realogy's average homesale price went up 30 percent and its gross commission per side 28 percent.  REAL Trends supports the idea that the boom was a mixed blessing for the "typical" agent by reporting that the average number of transaction sides per agent decreased 20 percent between 2000 and 2005, from 12.7 to 10.2 per year.

So where do all these numbers and "tragedies" take us?  The seventy-eight pages of "Competition in the Real Estate Brokerage Industry" are the latest reminder that real estate economists have three related and insurmountable obstacles standing between them and the cold hard scientific truth they seek. 

First, real estate economists often work with inadequate and ambiguous data.  They vaguely perceive this, and try to punch up their data by running them through algorithms powerful enough to stop clocks and strip the chrome off trailer hitches.  In so doing they prove that the more data are unintelligently processed, the more likely they are to pop out folded, spindled and mutilated.

A second problem facing real estate economists is that even strong data give them ambiguous answers, which they interpret as most of us would:  using their own biases, and while looking over their shoulders.  They're real estate's voyeurs, peeping through reflecting windows.  But what would you do if you were an economist building or defending a career?  Shoot yourself in the foot by contradicting prevailing group-think?  Alienate the very peers who review your studies?  Trade the approbation of your field for the grateful thanks of the real estate industry, if it noticed or cared? 

Third and most important, the real estate economist has never had direct contact with the real estate marketplace.  He's never worked with the buyers, sellers and agents he studies.  He's never done the hundreds of things, large and small, an agent does for thousands of prospects and clients over the course of a career.  The real estate economist who calls himself an expert is nothing more than a stranger in a strange land.  Because of this, he has difficulty telling strong data from weak, the probable conclusion from the improbable.

He makes no apology for his shortcomings because he doesn't know them.  On the contrary, his claim to objective truth rests on his Olympian detachment.  I suspect that anyone who came to real estate economics the right way, through the marketplace instead of advanced statistics, would be met with owlish scowls of suspicion.  Moloch slouching through the halls of academe.  Hide the grant money.

But in fact the real estate economist is marginalized by his outsider's "objectivity""naiveté" might be a better wordin ways he and his audience doesn't realize.  Because the economist has never been an industry insider, he analyzes only its surface.  He can't penetrate the hidden depths, the nuances that exist in any industry and make it a closed book to the outsider.  The economist doesn't know these nuances exist and couldn't acknowledge them even if he did, because his only weapon, the algorithm, can't process subtle variables.  Any recognition of nuances would be an admission of his irrelevance. 

As economist John Kenneth Galbraith says in "The Affluent Society", "Once, students (of economics) were attracted by the seeming urgency of economic problems and by a sense of their mission to solve them.  Now the best come to economics for the opportunity it provides to exercise arcane mathematical skills."

So the real estate economist's analysis will be impressively learned, to the point of impenetrability, and consistently superficial.  And the basis for a distinguished career.

Which is a long way of saying that Hsieh never lost a listing to a discounter.  Neither have the lean-jawed boys and girls over in FTC's Litigation III who toiled over "Competition in the Real Estate Brokerage Industry". 

Since we're talking tragedy, let's look at what I call "the tragedy of the interpreter", which I estimate costs society billions each year in wasted academic salaries and misallocated research grants.  The real estate economist is like the interpreter who learns English by memorizing a dictionary.  His vocabulary is immense and impressive, his understanding of the context of his vocabulary nil, his English unintelligible.  Usually the damage he causes is contained, because in normal times the real estate economist "interprets" real estate for an audience limited to other "interpreters".  But when real estate is news, journalists take whatever the economist hands them because a) journalists don't know that statistical methodology can be flawed, and b) hey, who cares?, and c) why bite the hand that feeds them a quick "hard-hitting piece"?     

I will give Hsieh credit for saying something you don't often hear an economist say:  I don't know.  “The apparent uniformity of commission rates presents an enormous puzzle, especially if one believes that the cost and effort necessary to sell a house do not increase one to one with the price of housing.  Why do commission rates appear to be so insensitive to market forces?  We do not have an answer to this puzzle.” 

Bravo!  Because here most of Hsieh's colleagues would be clamoring that they do have the answer:  collusion!  (And yes, I understand that Hsieh may be discretely suggesting this.)  Or as one Austan Goolsbee says in his August 25, 2005 comments on Hsieh's study for Slate, "Economically speaking [there's a learned lead-in] it's hard to explain why the steady commissions have lasted so long—perhaps agents band together to blacklist competitors who undercut prices, or perhaps the NAR's extensive 'education' program for realtors (sic) excels at indoctrination".  Austan just favored us with a demonstration of the real estate economist abhorring a vacuum:  if you don't know the answer, a snide and uninformed comment will always suffice and, not incidentally, amuse the peanut gallery.  The first tip-off that Austan might be on unfamiliar ground is that he doesn't know it's Realtor® the first time, then Realtor subsequent times, and never "realtor".  There is no such thing as a "realtor".  A small mistake, right?  One everyone makes.  Sure, except that Austan would be the first to remind you he's not everyone.  No, Austan's an expert on the crimes of "realtors", and experts don't make obvious mistakes.  And I wasn't aware that NAR has an "extensive 'education' program" nudge-nudge wink-wink.  The only time NAR ever brought up blacklisting in my presence was when the local Board of Realtors showed a grainy black-and-white film detailing the sordid adventures of an agent Leavenworth-bound for Federal anti-trust violations.  Nudge-nudge wink-wink.

(By the way, remember the Obama economic advisor who famously caused his candidate major embarrassment when accused of telling the Canadians, "Forget all that NAFTA-bashing.  Barak doesn't mean it.  It's just campaign talk"?  That was ol' Austan Goolsbee.  I wonder what kind of "extensive 'education' program" you have to go through to pull that kind of stunt?  Grad school?)

If real estate economists (and loose-lipped advisors to presidential candidates) can't solve this puzzle without sounding like high school gossip columnists, maybe I can help. 

Where to begin?  How about with another quote from John Kenneth Galbraith?  "Restraints on competition and the free movement of prices, the principal source of uncertainty to business firms, have been principally deplored by university professors on lifetime appointments.  Their security of tenure is deemed essential for fruitful and unremitting thought."   

Where, oh where, to begin?  Perhaps by verifying the obligation toward truth of the scientist in the pursuit of truth, even the social scientist who can never really prove his nebulous truths.  The social scientist is at a disadvantage to the truth in that he can't prove his work exists anywhere except inside his head.  He can't even prove his work has reality by accidentally burning down his lab.  Yes, the academic real estate economist supposedly validates his theories with peer-reviewed studies, but since the results of these studies so often bear only a passing resemblance to market reality, if that, then perhaps their usefulness is limited to keeping math geeks from hanging out on street corners. 

If a branch of the social sciences assembles an impressive body of research proving beyond doubt that the world is flat, is that science?  If it is, is it science because Ph.D.s puffing away thoughtfully on pipes say it is?  In other words, is pure thought ever enough to form the basis of scientific truth? 

In other words, can you make up real science as you go along, simply because you call yourself a scientist? 

To answer this question, I hit the literature and discovered another UC Berkeley professor, astrophysicist George F. Smoot.  In "My Einstein Suspenders", Smoot says that the iconic physicist's sometime "reliance on thought alone seemed to me...a bad example for budding physicists...I might have been biased, because almost all my own work was experimental and observational  (italics mine), and it was my firm belief that the integrity and power of science came from probing nature, not from divine insight".  Smoot's comments are interesting because they seem to give more credibility to experience, even informal field study, than to locking yourself in an ivory tower.            

He then relates "the experimentalist's canon, capital letters and all," which may provide context both to Hsieh's excited discovery of "tragedy of the commission" and to my analysis of it:

1)  Discover an Important Effect or New Thing Never Before Thought Of;

2)  Disprove an Important Theory to Show That New Science Is Needed;

3)  Confirm a Great New Theory;

4)  Disprove a Competitor's Experimental Results—or—

5)  At least Confirm a Competitor's Experimental Results!

So again, where to begin?  How about with the basics?  How about with the idea that real estate isn't the only industry where many participants compete on price only to a point and, once there, prefer to compete through marketing instead.  This isn't new thinking.  Madison Avenue has since the 1920s been differentiating products for us and telling us which ones we want.  As a rising market attracts capital, production inevitably exceeds demand, forcing prices down to the point where capital can no longer get its required rate of return and producers can no longer stay in business.  Rather than reach that point, producers choose between two alternatives.  They either differentiate their product or service through marketing, or they cheapen what they offer so that it costs less to purchase.  Either alternative is good old tried-and-true red-white-and-blue American capitalism.  Either alternative can be found in the real estate industry, as the full-commission full-service model and as the discounting model, particularly during a boom when everybody and his brother is transferring their human capital into real estate sales. 

If I can figure this out, you can be sure that Hsieh and his brethren can too.  But the ivory tower shut-ins watching real estate through the wrong ends of their telescopes don't acknowledge that capital, human or otherwise, has a right to stay in the marketplace without committing economic suicide.  No, they take differentiation through marketing as a clear sign of collusion, as if 1,327,307 Realtors nation-wide, approximately two-thirds of them salespersons fighting for your sales business, could present a united front on pricing.  Not only does this strike me as the sort of the pre-scientific world-at-the-mercy-of-evil-spirits thinking that modern science supposedly dispels—here the dismal science spreads it as economic gospel—but taken to its illogical conclusion it makes differentiation through marketing a sure sign of collusion in any industry.  The new "follow the money":  just trace all those ad dollars to their sources and bingo! you've discovered collusion. 

Maybe economic theory is tough to understand or care about, even if you're an economist, so let's bring it down to the human level.  A look at my testimonials will show that I'm the kind of guy you want in real estate.  At least my clients think so.  Like most agents who've survived their first few years, I make more money in real estate sales than I did in my previous profession.  But I also put in far more hours, and those hours are far more irregular.  And since I'm self-employed, I get to worry about where my next paycheck comes from.  I'm not complaining.  More money, more headaches.  That's fair.

But bring my average commission down to where the bankers want it, 4.34 percent, and I'm outta here.  A fifty-three-year-old who's spent most of his working life in real estate doesn't have many options outside real estate (cue the violins) but 4.34 percent makes restocking shelves at Wal-Mart sound interesting.  Fewer hours (part-time natch), less stress, no liability exposure, same (no) benefits, more prestige—yes, it's a more compelling package than selling real estate for 4.34 percent.  Which I suspect is just fine with the bankers, who have a horde of underpaid underfed twenty-something tellers who don't know any better and wouldn't mind picking up a few extra bucks.

"Yeah, but John, you're missing the point.  If you charged just 4.34 percent you'd have more business, which means you could make as much or more income."  But 4.34 percent wouldn't begin to compensate me for the effort I put into my clients.  For most of the past ten years I've had as much business as I can comfortably handle and still have a life.  More business would mean that either a) my clients get less effort, or 2) I hire an assistant, which not only increases my overhead but dilutes the expertise my clients get.  Both choices mean turning what should be a one-on-one attention-rich experience into an assembly line.  Neither choice appeals to me.        

Remember NAR's statistic showing that the average sales associate's income actually went down during the boom?  There's more to this than meets the eye, although you'd never know it by listening to the economists.  "Median income", says NAR in its most recent survey "was $47,700 in 2006, down from $49,300 in 2004, which had also had declined from 2002...During the last two years, NAR membership increased 23.2 percent.  With rapid member growth in recent years, newcomers—those in the business for two years or less—now account for nearly a quarter of all Realtors® and are diluting median income...Realtors® in the business for two years or less earned a median of $15,300, while those with three to five years of experience earned $44,200.  For six to 15 years, the median was $64,600, while members in the business for 16 years or more earned $76,200."

Which makes me glad I moved from property management to sales before the boom attracted so many competing agents.  Because I don't know where I'd be today if it wasn't for repeat business and referrals from old clients.  The practices that once kept a motivated new agent in business—taking floor calls, holding open houses—have essentially dried up as reliable sources of clients. 

Because when there's one Realtor for every 197 Californians, almost everyone knows an agent.  A friend, a neighbor, a relative, a former co-worker, a current co-worker trying to make extra income, yourself—as Jimmy Durante used to say, "Everybody's gettin' inta the act".  Today the number of Realtors in the Los Angeles and San Francisco Bay areas exceeds the number of real estate transactions in those markets.  Then there's the skyrocketing population of real estate licensees in California, not all of whom are Realtors, whose numbers soared 57 percent between 2000 and 2005. 

Not all licensees or Realtors sell real estate; some are appraisers, loan agents or property managers.  Of those who do sell, most have never made much money and won't be around much longer, but for the past several years the two or three transactions they've grabbed from established agents each year have kept them more-or-less in business and, I suspect, kept the income of many an established agent more-or-less flat even as sales and industry commission income went up.  And you really do want to keep those established agents in business, even if they don't always have a blog or a Blackberry and even if they are old enough to be your parents.  They're the agents most likely to hone their craft, to treat their clients like there's a tomorrow, to know that there's no easy money in this business, to commit themselves to real estate as a profession instead of treating it as today's hot sales job.

Which brings us at long last to the compelling rationale for keeping industry-wide commission income high during a boom market. 

Oddly enough (or not), it's a rationale the real estate economists are clueless about.  I call it "the tragedy of the real estate moth", which I believe costs consumers billions each year in wasted, duplicated and inefficiently compensated agent services. 

You'd think that as sales go up, the market's need for agent services would go up in direct proportion.  In other words, if sales rise X percent, then X percent more agents are needed to facilitate those sales, and any agents beyond X percent are surplus.  That's how it works in the textbooks, but I don't believe that's how it works in real life.  Experience suggests that demand for agent services is far more elastic than any real estate outsider realizes.  In fact, I'm convinced that sales is a poor indicator of demand for agents. 

I'm going to postulate that sales understates demand for agents in a boom market and overstates demand in a slumping market. 

Here's my contention:

Whew!  Let's break this down. 

If real estate is hot and sales set records, agents must be taking fat commission checks to banks in wheelbarrows, right?  You've already seen that this isn't true of many agents, especially early in their careers.  But the challenge agents face isn't just an exponentially increasing number of competitors divvying up a sales pie that isn't expanding at the same exponential rate.  No, for every sale in a boom market there's a substantial number of unsuccessful buyers, buyers still in the market, buyers still absorbing agent services because they haven't bought. 

Even the most rigorous of economist algorithms couldn't quantify the number of unsuccessful buyers in the market but it's undoubtedly substantial.  I wouldn't be surprised if, in the hot market we've had in Silicon Valley since 2003, the ratio of unsuccessful to successful buyers has been 20:1 or even 30:1.  I can't verify this, since buyers don't register to enter the real estate market.  But open house attendance is a good clue.  In a hot market as many as two hundred people might go through two days of open houses.  In a slumping market, there might be ten or twenty.  Other forms of consumer-agent contact—emails, phone calls—also increase dramatically in a hot market and decrease dramatically in a slumping market. 

With me so far?  Okay.  Almost all unsuccessful buyers work with agents to some extent.  It's hard for them to avoid it, even the few who want to.  The extent of the agent-buyer relationship ranges from the "self-guided" client who needs little agent input and exists mostly in the minds of economists and other self-appointed experts, to the "call me up every night and take me out every week-end and while you're at it buy me lunch" agent-services sponge.  As the real estate market booms, sales go up and demand for agents goes up, not only from buyers in contract, but also from the far more numerous unsuccessful buyers who aren't in contract and who my experience suggests may never be in contract in the current market and/or through their current agent. 

Further, I believe that the demand placed by unsuccessful buyers on agent services in a boom market goes up exponentially rather than in direct proportion to the number of sales.

Why the multiplier effect?  When real estate is hot, even people with only a marginal interest in owning their own home flood the open houses, call or email agents or end up in the back seat of an agent's black Mercedes.  They're attracted to real estate like moths to light, and in a boom market, the real estate beacon is very bright indeed.  Everyone the moth knows is either buying a home or trying to buy a home or talking about buying a home or thinking about buying a home or wishing they could buy a home or thinking up reasons why they're not buying a home.  Besides, where else can the moth get the kind of unconditional love and attention an agent is willing to give them, at least for short bursts, unless they own a dog?  Many moths decide sooner or later that buying isn't for them.  But before they decide, most consume agent services for days, weeks, months, even years—without paying one thin dime for those services. 

In a slumping market, the real estate beacon flickers so dimly that it attracts far fewer moths.  The grim reality of a slump casts a pall over the market, separating the buyer wheat from the buyer chaff far better than any agent's screening tools.  Now the common wisdom around the cubicles and backyard barbeques is "now is a bad time to buy".   With far fewer moths attracted to the market, demand for agent services nosedives.  Moths only marginally interested in buying retreat from the marketplace until the big neon light flashes BUY again.  Even motivated buyers find it hard to buck the current pessimism and defer their entry into the market.  I'll speculate that, if a boom market has an unsuccessful-to-successful buyer ratio of perhaps 30:1, a slumping market might see a ratio of only 10:1 or even 5:1.  Which accounts for the eerie and deafening silence that falls upon a slumping real estate market like a dense fog.

As I said, these two concepts—unsuccessful-to-successful buyer ratios and elastic demand for agents—aren't well-known either to real estate consumers or, apparently, real estate economists.  They require an insider's knowledge. 

Which is why they've ambushed many a new agent. 

Yes, Virginia, it is a shock for the newbie agent to discover that only one or two of the hordes of buyers she's diligently cultivating are real buyers, no matter how high her hopes or how many hours she devotes.  The newbie is even more shocked when she tracks prospects who've stopped returning calls or emails and finds that many did buy, just not through her.  Most shocking to the newbie's sensibilities is the revelation that these buyers bought while she was burning through time, gas and enthusiasm doing exactly what they asked her to do:  find them a home.  It's that Law of the Jungle again:  nothing personal, just looking out for the Old Number One.  The agent who got the sale may have been the last of many that these buyers flirted with. 

I call this "the tragedy of the promiscuous buyer", which I believe costs the industry (directly) and consumers (indirectly) billions each year in wasted agent time, gas, oil, tires and hope. 

Home buying is a long, demanding process, and what might seem like an impulsive decision is almost always the result of months or even years of market study.  The agent just starting to work with a buyer who seems unusually knowledgeable, both about recent inventory and local market customs, is well-advised to wonder how this insider knowledge was acquired.  Almost certainly not from the Internet, which at best offers buyers Intro to the Market but not Advanced Studies.  Almost certainly from an agent or string of agents, either sequentially or in tandem, as the buyer acquired and discarded agents or was acquired and discarded in turn. 

Buyers know this is the very woof and warp of the market.  Agents do too.  Economists and regulators don't know this, because they aren't part of the market. 

Why do so many buyers flirt so indiscriminately with so many agents before they buy, if they buy?  Either the motivation to buy wasn't right at the time, or the timing wasn't right, or the neighborhood wasn't right, or the house wasn't right, or the agent wasn't right.  These are five compelling reasons. 

The sixth is equally compelling:  why not?  Why not accept professional services when they're offered to you, no, forced on you, free, at every open house and on every street corner?  Who wouldn't?  What's not to like about "free"? 

Which leads us to a third and related postulate:

The real estate consumer values her freedom to choose among many agents and work with any agent she chooses, and the real estate industry gives her that choice, apparently at no charge.  But to quote the hawks, "freedom isn't free".  No one is off in some far corner of the globe paying the ultimate price for the real estate consumer's right to free choice, but the cost to the consumer and real estate industry is still high. 

Because what the real estate consumer has asked for and gets is a business model that favors—no, rewards—consumers who never buy, and penalizes those who do.

It's no stretch to say that a real estate business model that offers free agent services in perpetuity to the segment of the market that never buys, and therefore never pays, is obviously biased toward that segment.  I say "obviously" but this truth isn't self-evident to either consumers or economists.  Yes, friends, real buyers subsidize the voyeurs, dreamers, tire-kickers and rubber-neckers who overrun real estate when it's a happenin' place.  It's that simple, and you heard it here first.  Furthermore, it's my contention that boom markets attract huge numbers of voyeurs, dreamers, tire-kickers and rubber-neckers, while slumping markets repel them like armor plate. 

If this is true—and I think any agent who's been through at least one complete market cycle is nodding her head—then a boom market doesn't just increase the number of real buyers who need agents.  A boom market also exponentially increases the number of people who use agent services without paying for them, either in the short term or long term.  Yet the industry is asked to support higher numbers of agents during a boom in order to meet this increased demand for agent services.  And when I say "the industry is asked to support higher numbers of agents", I really mean "real estate consumers are asked to support higher numbers of agents", because there's no industry endowment to keep agents in business while they work with the merely curious flocking to the latest social phenomenon.     

Here's a strong and far more defensible explanation "economically speaking" for "the apparent uniformity of commission rates" than the nudge-nudge wink-wink hoodoo the economists offer:  it keeps more commission income in the market, which keeps more agents in the market to meet exponentially increased demand, not just from the successful buyers who show up in the sales numbers, but from the unsuccessful buyers who don't.  If the market is awash both in commission money and unsuccessful buyers, the "average agent" is better able to stay in the market by making more money on each transaction, even though she's averaging fewer transactions.  And why should the "average agent" be paid to hang around a boom market, diluting the number of transactions per agent?  Because that booming market—home buyers, real or otherwise—demand her services.

Why didn't some real estate economist think of this?  Because no real estate economist has ever worked with buyers, real or otherwise.  Because no real estate economist has ever sifted through twenty or thirty dreamers to find one real buyer.  Because no real estate economist has ever worked one day in real estate, let along slogged through markets boom and bust, up close and personal, every day, day after day.  Because no real estate economist has ever found himself wishing one year that he could disconnect his phone, then wondered the next if maybe his phone was disconnected. 

Because this stuff isn't quantifiable.  Because nuances aren't quantifiable.  The real estate economist can't get this stuff by dipping his bucket into a handy pool of murky data, throwing it on a blank canvas, hanging the results upside down and proudly adding another notch to his curriculum vitae. 

So this stuff doesn't officially exist.  Nudge-nudge wink-wink does.

Yet several months after I wrote this I discovered that economics does know about this stuff, at least in general outline, although the news doesn't seem to have reached the academic real estate economists yet!  It's called the "free rider problem", and all this article did was reinvent the wheel.  Which makes me think that, given enough time and paper, a roomful of monkeys with typewriters could bang out The Wealth of Nations.

I'll deal briefly with a few more reasons why total commission income has and should go up that seem to have slipped under the economists' radar.   

I can't speak for every area, but certainly in my own the standard of care, both legally and by custom, is now considerably higher than it was back in the ABA's good old days of 1991.  I call this "the tragedy of the lawyer-designed marketplace", which I believe costs agents and consumers billions of dollars each year in hours spent completing and reading disclosures intended to protect everyone from everyone else. 

Agents in my area do more for their clients now than they did ten or fifteen years ago, mostly but not entirely in the realm of liability mitigation.  We now handle disclosure paperwork that's probably increased ten-fold since 1991.  Our "disclosure packages" are often two inches or more thick.  Yes, it's "just" paperwork, but it's paperwork that usually takes an agent's insight and assistance to complete; this isn't admin-level stuff.  A wrong, incomplete or misleading answer to any of the hundreds of questions in our seller disclosure forms can land a seller (and her agent) in court.  Yes, the seller completes the disclosures, but the good agent is beside her during the hours it takes the seller to wrestle with these frequently ambiguous questions. 

Then other agents working with buyers spend more hours plowing through the seller's disclosures with their clients.  Then maybe they take another hour or two to write an offer on the eight-page form we use.  Or maybe they don't write an offer, depending on how the buyers react to the disclosures.  Multiply this all-nighter by the number of times it takes the average buyer to make a successful offer in a multiple-offer market, if he ever does, and you get a faint idea of the extra hours it takes to sell homes in a hot market and in a pro-consumer state. 

Then there's the extensive preparation of the home that in any market a good listing agent recommends, a smart seller does and a good agent organizes and supervises.  Today home preparation runs the gamut from tidying, painting and floor coverings to a complete re-landscaping and new kitchen and baths.  Preparation is so extensive and exhaustive these days that putting up a For Sale sign seems almost anti-climatic.  The number of hours an agent spends fine-tuning a home before putting it on the MLS often equals or exceeds the number of hours spent marketing and selling it after it hits the MLS.     

Then there's the increased liability that the boom market has brought, not just to sellers, but to agents with the deep pockets of Errors & Omissions insurance that plaintiff's attorneys like.  Buyers who were pressured by a fast-moving, highly competitive market to set a new price record for the neighborhood aren't likely to laugh off what looks like an undisclosed defect.   

There's no doubt that buyers and sellers in my area expect more from agents these days.  Older agents complain that the market's pace is much faster than it used to be.  Clients demand instant communication and response, partly because technology allows it, and partly because that's just how business is done and lives are led here in Silicon Valley.

All of these are plausible reasons for selling costs to rise.  More is asked of agents, before, during and even after the transaction.  Why didn't the real estate economists think of this?  Because they've never sweat bullets putting together a disclosure package that minimizes a seller's liability.  Because they've never waded hip-deep through a disclosure package with buyers.  Because they've never written offer after offer after offer for buyers who can't grasp what it takes to win.  Because they've never spent weeks or months prepping a house with thirty years deferred maintenance and sellers who nurse every nickel. 

Because they don't teach real life in grad school.

Finally we'll address what I call "the tragedy of "This Changes Everything'", or "the tragedy of over-hyped expectations", which I estimate costs society billions each year in duplicated agent time and effort (not to mention must-have agent Web sites visited by five people). 

This tragedy goes back to the late 1990s, when listings first hit the Internet and Digital Age hucksters first hit River City promising all of us a splendiferous new real estate experience in the second-coming-of-Christ language de rigueur  when selling the Internet. 

The hero of their hype was the new "IEC", the Internet-Empowered Consumer.  The edgier hucksters told consumers that the Internet had replaced the real estate agent.  This fond hope was based on the naive belief, admittedly shared by much of the real estate industry, that agents were merely gate-keepers of listing information.  Pull down the gate and the agent would be disintermediated and wither away.  As the swelling ranks of real estate agents attests, this didn't happen, which by itself casts doubt on the Internet's ability to "change everything" in real estate. 

The more sober snake-oil salesmen announced that the day had come when agents, now gratefully relieved of the grunt work of real estate, would be free to focus on the finer points of their profession.  The "self-guided" buyer would do the grunt work herself and do it better, capably and joyously scouting listings, learning neighborhoods and markets, then plunk herself down on some lucky agent's doorstep panting to write that winning offer. 

What really happened?  I can only speak for myself, but I doubt that my experience is atypical. 

I discovered (or re-affirmed) that what looks like real estate grunt work isn't.  Sooner or later the real buyer realizes this.  It's the old and dry but still vital distinction between "information" and "knowledge".  Sure, a buyer can find scores or even hundreds of listings on the 'net.  What then?  Go see every one?  Week after week?  Yes, some people do this, but unless it's their preferred entertainment (and for some it is) this gets old in a hurry.  So either they drop out of a market they were never really in, or they hook up with an agent (or agents) to preview and evaluate listings as they come on the market.

That's what I did back in 1998 for every buyer who looked promising.  That's what I still do in 2007.  Hallelujah for the greater efficiencies the Internet brings real estate.  Because unless I've just met you, I'm not going to send you to or show you a house I haven't seen and graded on its fitness to meet your needs.  I learned that early, the hard way:  keep the client's unpleasant surprises to a minimum. 

I also learned that the "self-guided" buyer is a snare and delusion to the unwary agent.  Not that self-guided buyers don't exist.  But I've learned, again the hard way, that if a buyer has a reason for not wanting to go out with me, I wouldn't like that reason if I knew it.  "Self-guided" seems to be buyer code for "uncommitted", either to buying and/or to me.  "Self-guided" seems to be buyer code for "drop everything when I call or email but don't expect me to return your calls or emails".  Both seem a little one-sided.  Neither is the basis for a real business relationship.  In fact, that's the beauty of being "self-guided":  there is no sticky business relationship.

So I've learned not to take a buyer seriously unless we look at homes together.  It's a feeling so strong and pervasive among agents I know that one recently told me she doesn't let her buyers go to open houses by themselves because that's how she loses them.  She doesn't understand that a) you can't keep buyers out of open houses, and b) if they're that easy to lose, they were never hers to begin with.

"This changes everything"?  Yes, virtually all my successful buyers have found listings on the Internet.  But not all my successful buyers have found the home they bought on the Internet.  And all my successful buyers have wanted me to check out promising homes with them, either initially or on their second visit. 

"This changes everything"?  Only once in nine years has a fully-prepared buyer dropped out of the sky and made an offer, successful or otherwise, the first day I met her.  Even then, she didn't buy the place she'd found on the 'net.  She didn't like that place.  She did like the next place, the place I'd seen on tour, the place she didn't know about, the place I knew was what she was looking for. 

Again, why don't economists know that this is how the market works, nine years after listings showed up on the Internet?  You know the answer by now:  they've never been in an agent's or buyer's shoes. 

But I think it goes beyond that.  I think they can't afford to know that this is how the Internet-era real estate market works:  it would shoot their "greater efficiencies" theory in the foot, and that would spook the herd. 

Yes, many potential solutions exist to Hsieh's "enormous puzzle" of increased selling costs.  Taken together, they explain the real estate industry as it reacts to actual rather than theoretical market forces.  Even if you question these solutions, you have to admit that they take economics further than the economists' guesses, which as we've seen range from "beats the heck out of me" to "small 'r' realtor evil ju-ju" to a dry contempt for anyone not tested by the heroic quest of grad school.

Perhaps the real estate economist fraternity could study these potential solutions.  But first things first.  Let the fraternity prove it's something more than a spurious "soft science" sideshow.   

How?  No more nudge-nudge wink-wink innuendo.  No more mysterious forces at work in the real estate market. 

Let's see if the dismal science can walk the straight line of real science. 

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