News   May 08, 2024
 347     0 
News   May 08, 2024
 684     0 
News   May 08, 2024
 1.5K     3 

New MLS rules

casaguy

Senior Member
Member Bio
Joined
May 27, 2007
Messages
2,202
Reaction score
2
Location
Toronto
CREA approves new MLS rules

Move aims to block Competition Bureau challenge; consumer will now be able to pay an agent a flat fee to list on the MLS

Globe and Mail Update
Last updated on Monday, Mar. 22, 2010 7:18PM EDT


The Canadian Real Estate Association approved changes Monday that will give those who buy or sell their homes on its listing service more power to handle portions of the transaction on their own, but it was not enough to satisfy the Competition Commissioner.

In a move to cut off a challenge by the Competition Bureau, which feels the current system is too restrictive because anyone listing on the Multiple Listing Service must employ an agent through the entire process, the association's members voted at its annual general meeting in Ottawa to loosen its own rules.

Now, a consumer will be able to pay an agent a flat fee – zero is not an option – to list on the MLS, where about 90 per cent of all home sales are done. Agents must now pass along a seller's home phone number, if the seller chooses, directly to an interested buyer if asked.

“Through the proactive clarifications of the existing rules, CREA believes the concerns raised by the Competition Bureau are fully addressed,†the organization said in a news release. “At the same time, these amendments ensure the continued integrity of MLS systems and the accuracy of information on board MLS systems that Canadians have come to trust.â€

The bureau disagreed, saying the change didn't go far enough because CREA could still change the rules at any point and place more restrictions on anyone who tried to offer innovative services.

CREA wouldn't provide further comment, with its legal counsel stating it would rather wait for the case to go before the Competition Tribunal. The association's president, Dale Ripplinger, said the changes “wouldn't make sense to anyone who wasn't a real estate agent,†before abruptly calling off a news conference.

The vote was seen as a way for Canada's real estate sales industry to satisfy concerns raised by the Competition Bureau, which has filed charges with the Competition Tribunal alleging the real estate association makes it impossible for any of its members to offer consumers fee-based services for particular portions of a transaction, such as listing on the MLS or negotiating a sale price.

This leads to higher prices for consumers, the Bureau says.

The proposed changes were a key pillar in the real estate organization's defence before the Tribunal. The association must submit its response to the charges by March 25 and the organization hoped a strong vote from its members on the key issues troubling the Competition Bureau would be enough to have the charges set aside.

The MLS has operated for more than 50 years and only registered agents are allowed to list homes on the service. The MLS trademark is owned by CREA, and each real estate board operates the service in its region. While anyone can sell their home on their own, having a listing on the service is seen as an integral part of achieving the best sales price.

A CREA spokesperson said the changes would be implemented “as soon as it is reasonable at each local board.â€


------------

Watchdog rejects proposed real-estate rule change

Updated: Mon Mar. 22 2010 4:32:25 PM
ctvtoronto.ca


Canada’s Competition Bureau has rejected a proposal by members of the Canadian Real Estate Association, who wanted to change the rules governing how houses are bought and sold across the country.

About 300 real estate agents from across Canada voted on the amendments, which came about after the Competition Bureau voiced concerns that the current system drives up the cost of real estate for individuals.

Under the current system, agents are paid a commission of the transaction in exchange for handling the listing and price negotiations.

Private sellers must also have an agent in order to list their property in the MLS database, and that agent must be involved throughout the sales process.

The CREA said they were willing to review the process after the Bureau filed charges with the Competition Tribunal alleging that real estate agents can't offer their clients "a la carte," fee-based services.

Georges Pahud, CREA's president, said he was pleased that the amendments had been passed. The association has now addressed the Competition Bureau’s concerns, he said.

But Melanie Aitken, the Competition Bureau’s commissioner, said there is nothing new in CREA’s proposed changes. The Bureau plans to continue to challenge what it calls anti-competitive rules imposed by CREA.

The real estate association said it will dispute the Competition Bureau’s accusations.

The association must submit a formal response by Thursday.

With files from The Canadian Press
 
interesting... ok... so after the flat fee, the debate really then comes down to now... - why have a RE agent represent you versus, having a lawyer who can provide legal advice aswell?
 
interesting... ok... so after the flat fee, the debate really then comes down to now... - why have a RE agent represent you versus, having a lawyer who can provide legal advice aswell?

While lawyers can review the purchase agreement and do the paper work to close the deal, they don't have the expertise to provide marketing advice. So I'm not sure what you mean by "versus" as they are performing different functions.

By the way, does anyone know who owns the MLS website. If it is CREA then I don't why they cannot restrict the ability to post listings to it.
 
No Sale: Realtors' plan gets bad review

The chief of the Competition Bureau gave an emphatic rejection to the real estate industry's attempt to ease restrictions on listing homes for sale: 'A step in the wrong direction'
Share with friends
Print or License
Recommend | 32 Times
See also:

Globe forums : Share your experiences with MLS
Earlier discussion: CREA President took your questions on MLS and the housing market
Real estate agents poised to vote on shakeup of industry
Article Video Comments (176)
Steve Ladurantaye
Globe and Mail Update
Published on Monday, Mar. 22, 2010 8:15PM EDT
Last updated on Tuesday, Mar. 23, 2010 8:37AM EDT
The Competition Bureau slammed efforts by Canada's real estate agents to open up their listings service to the public, calling the changes a “step in the wrong direction†that fail to ease the association's grip on the industry.

In a last-ditch effort to avoid a legal showdown with the Competition Tribunal, the Canadian Real Estate Association approved changes at its annual general meeting Monday that will allow agents to post a house-sale listing on its proprietary and popular Multiple Listing Service for a flat fee charged to sellers. Before the change, sellers using the system had to employ an agent through the entire sale, and then pay a percentage of the final price as a commission.

Competition Commissioner Melanie Aitken immediately dismissed the real estate association's moves, saying she repeatedly warned the trade association that they didn't go far enough to allow new entrants to compete for listings.

“There is nothing in these proposals that we haven't seen before and they do not solve the problem. They are a step in the wrong direction. These amendments amount to a blank cheque allowing CREA and its members to create rules that could have even greater anti-competitive consequences.â€

Before the changes approved Monday, someone who wanted a listing on the MLS was required to employ an agent from listing to final sale. Now, a consumer will be able to pay a flat fee to list on the MLS.

The MLS is where about 90 per cent of all home sales are done. Though costs haven't been determined, a flat-fee service might cost a few hundred dollars, compared with commissions that typically amount to thousands of dollars.

Agents must also pass along a home phone number, if the seller chooses, directly to an interested buyer if asked so that the buyer and seller can negotiate directly.

The changes will be made “as soon as possible†at each of the country's 101 real estate boards, which must individually approve the new rules. The fact that the enforcement of the changes remains in the hands of local boards has been a sticking point for the bureau.


Have you used MLS?
Share your experiences with other readers at The Globe's discussion forums
View
After saying the vote was intended to satisfy the bureau and demonstrate how open the system is to both consumers and agents, outgoing CREA president Dale Ripplinger refused to answer questions about how the changes would affect his 100,000 members or the hundreds of thousands of Canadians who buy and sell houses each year.

He said the rules were largely procedural and “too complicated for anyone but a real estate agent to understand†as he walked out on a press conference after the first question was asked.

The association's lawyer said any further comment would have to wait until after tribunal proceedings end.

“There's no point in me trying to explain, when in actual fact they make no difference in the way realtors operate their business and no difference to consumers,†Mr. Ripplinger said.

It's not what Ms. Aitken wanted to hear. She said the changes “do not remove the existing roadblocks to real estate agents who list properties on the MLS from offering innovative services and pricing options to consumers.â€

She believes the current system keeps prices artificially high and makes it difficult for agents to offer new services. She escalated the case to the Competition Tribunal in February, a legal entity that can force changes on the association and levy fines of up to $10-million if it agrees the trade association operates anti-competitively.

Lawrence Dale, a Toronto lawyer who has been fighting the real estate establishment for years on this issue, said a ruling from the Competition Tribunal is essential, because large innovative operators won't open until they know CREA can't change the rules by a simple members' vote in the future to put them out of business.

“Until the industry is prevented from implementing any new rules that affect what an agent has to do, the cloud remains,†he said.

CREA must file its official response to the Competition Tribunal by March 25. No trial date is set.
 

Back
Top