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All Forum Posts by: Steve K.

Steve K. has started 29 posts and replied 2806 times.

Post: Take my neighbor to civil court over dead tree?

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192

In my (non lawyer) experience John is correct here. It’s considered an act of god if a strong wind blows down a healthy tree that nobody expected to fall, but if a dead tree has been looking like it’s about to fall for awhile and the owner has been notified of the hazard it causes, then their inaction can cause them to be negligent in addressing the hazard, and they may be found to be liable. A certified letter is good because they sign for it, acknowledging receipt, any other forms of written communication you can get to document that they were notified of the hazard probably also helps. 

However if it’s a really big hazard and they fail to take care of it quickly, I might just take care of it myself rather than taking any legal action, personally. You can say it had to be cut urgently and try to get them to reimburse you after (may not be successful but at least the danger to your tenant will be gone and you won’t be sued by the tenant). These laws are state specific so check yours. 

Post: Tell Me Why My Discount Brokerage Idea Is Bad: Calling All Agents

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @Jay Hinrichs:
Quote from @Steve K.:
Quote from @James Kerson:

@JD Martin You understand me correctly. I believe that the residential real estate brokerage industry should be a tiny fraction of its current size, with far fewer agents and total commission dollars paid. It would not be a terribly profitable industry, and a few large players (hopefully including my NewCo) would dominate the space. It would be volume-dependent. The trade-off that I don’t accept is that service would suffer. Service would change, though, as the successful experiences of early-adopter customers would demonstrate the utility and superiority of NewCo. (I remember when my dad bought some books from Amazon.com in 1996 or 1997; he wasn’t a pioneer, but he was a fairly early adopter, and immediately recognized the consumer value that Amazon brought.) 

Anyway, to build a massive discount real estate brokerage is my dream of the moment. I really appreciate the comments, which are exceedingly useful as my idea develops.

I should re-iterate that real estate agents shouldn’t and wouldn’t disappear. They should become like current-day travel agents: far fewer than pre-Priceline, but well-compensated for arranging high-dollar, complex trips.


 The equivalent tools to Priceline have been in place for the transition you describe to have occurred 20 years ago. People have been saying what you're saying for at least 20 years, probably longer also. Many people in tech with tons of smarts and funding have also tried to do what you are trying to do. 

Yet there are now more actively licensed real estate agents than ever before. Top real estate agents are still some of the highest paid sales professionals in the world. Why? My take as an insider is that it's because it's actually a much harder job than many might realize, and a consultative/ interpersonal/ hands on one that simply cannot be replaced easily with technology. 

For example at a typical showing, buyers like to have an expert with them who can help really evaluate a property, not just a door-opener as you seem to think will work. This may be what a small percentage of experienced investors or introverts want, but it is not what most buyers want and it is certainly not in the best interest of the public. The majority of buyers appreciate the expertise that a good agent provides (local market knowledge that can only be gained by being active in the market buying and selling all the time, looking at most of the new listings in person or at least online daily, a background in or at least understanding of building construction, relationships within the network of professionals in the industry doing deals, vendor referrals, legal protection through E&O insurance and keeping up with constant changes in approved contracts and required disclosures and forms, negotiating skills (the average person is terrible at negotiating directly and has no desire to, I find Americans are uniquely averse to negotiating and prefer to outsource it but I digress), etc.). No app or website or discount brokerage or whatever can replace the value that a good, experienced agent brings to the table for the average consumer home buyer. It's a lot more complicated than booking a flight, a hotel and a rental car for a vacation, and the stakes are so much higher.

You can spend many millions on building yet another discount brokerage to compete with all the others under the impression that real estate is the same as the travel industry if you want, or just take our word for it now that it's not. Honestly it sounds like you're trying to reinvent the round wheel with a square wheel here.

I think if you work in the field for a bit you'll have a better understanding. You'll need your broker's license prior to starting a brokerage anyway, so perhaps just focus on working towards that for now, and gain knowledge from that experience.  


Steve in my mind maybe this works for non owner occ investment props only and houses are vacant.. kind of like an OREO Broker works.

For owner occ and mom and pop buyers to move in and live.. this simply is a non starter in my mind.. .To be successful at Real estate sales to mom and pops you MUST have some sales skills and closing skills. Just letting buyers wonder through a house is going to be a big fat time waster..

To be successful selling RE you must be able to Qualify Present and then CLOSE most that wash out cant CLOSE.. I listen to MR. Lori and she is really great at the closing.. LIke she will talk to her client  ( Hey client i just found the home your going to buy) Not ask them what they think you have to be able to actually sell and this is a skill that some have naturally but it can be taught and boy it can be tough to teach as many just don t have the personality.

When i was coming up our weekly meetings were always round tables of how to sell how to present and how to CLOSE..  

Having a greater thats not going to cut it. Unless the market is SOOOO HOT that people are fighting for houses.

Right, I mean people use the companies with IDX feeds off the MLS now to schedule showings easily when they don't want to bug their agent, but then have their agent actually write the contract and handle the transaction. They don't trust the door-opener agent to handle the transaction because they aren't experienced agents, they usually just got their license recently or are part-timers without experience and closing skills. Funny how people will say agents are going the way of travel agents/the dodo because all of the listings are available online. Where do people think those online listings come from? Agents upload them.

Post: Tell Me Why My Discount Brokerage Idea Is Bad: Calling All Agents

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @James Kerson:

@JD Martin You understand me correctly. I believe that the residential real estate brokerage industry should be a tiny fraction of its current size, with far fewer agents and total commission dollars paid. It would not be a terribly profitable industry, and a few large players (hopefully including my NewCo) would dominate the space. It would be volume-dependent. The trade-off that I don’t accept is that service would suffer. Service would change, though, as the successful experiences of early-adopter customers would demonstrate the utility and superiority of NewCo. (I remember when my dad bought some books from Amazon.com in 1996 or 1997; he wasn’t a pioneer, but he was a fairly early adopter, and immediately recognized the consumer value that Amazon brought.) 

Anyway, to build a massive discount real estate brokerage is my dream of the moment. I really appreciate the comments, which are exceedingly useful as my idea develops.

I should re-iterate that real estate agents shouldn’t and wouldn’t disappear. They should become like current-day travel agents: far fewer than pre-Priceline, but well-compensated for arranging high-dollar, complex trips.


 The equivalent tools to Priceline have been in place for the transition you describe to have occurred 20 years ago. People have been saying what you're saying for at least 20 years, probably longer also. Many people in tech with tons of smarts and funding have also tried to do what you are trying to do. 

Yet there are now more actively licensed real estate agents than ever before. Top real estate agents are still some of the highest paid sales professionals in the world. Why? My take as an insider is that it's because it's actually a much harder job than many might realize, and a consultative/ interpersonal/ hands on one that simply cannot be replaced easily with technology. 

For example at a typical showing, buyers like to have an expert with them who can help really evaluate a property, not just a door-opener as you seem to think will work. This may be what a small percentage of experienced investors or introverts want, but it is not what most buyers want and it is certainly not in the best interest of the public. The majority of buyers appreciate the expertise that a good agent provides (local market knowledge that can only be gained by being active in the market buying and selling all the time, looking at most of the new listings in person or at least online daily, a background in or at least understanding of building construction, relationships within the network of professionals in the industry doing deals, vendor referrals, legal protection through E&O insurance and keeping up with constant changes in approved contracts and required disclosures and forms, negotiating skills (the average person is terrible at negotiating directly and has no desire to, I find Americans are uniquely averse to negotiating and prefer to outsource it but I digress), etc.). No app or website or discount brokerage or whatever can replace the value that a good, experienced agent brings to the table for the average consumer home buyer. It's a lot more complicated than booking a flight, a hotel and a rental car for a vacation, and the stakes are so much higher.

You can spend many millions on building yet another discount brokerage to compete with all the others under the impression that real estate is the same as the travel industry if you want, or just take our word for it now that it's not. Honestly it sounds like you're trying to reinvent the round wheel with a square wheel here.

I think if you work in the field for a bit you'll have a better understanding. You'll need your broker's license prior to starting a brokerage anyway, so perhaps just focus on working towards that for now, and gain knowledge from that experience.  

Post: Tell Me Why My Discount Brokerage Idea Is Bad: Calling All Agents

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @James Kerson:

@John Warren one other note. As a landlord, sometimes I have prospective tenants apply before they’ve set foot on the premises. Usually, they live out of town and want to narrow their housing options before visiting. This is probably common among buyer prospects, too. Obtaining valid ID and proof of income isn’t hard; for buyer prospects, swap proof of income for a pre-approval letter and/or proof of funds. As for security in occupied houses, I don’t have a definite solution - it’s just that opening doors is a low-value task that a busy buyer’s agent probably shouldn’t want to handle.

Any decent listing agent will make sure a buyer has at least visited the property before submitting an offer, otherwise their chances of backing out during their inspection/ due diligence window is much higher. So no, this is not typical or a recommended way of doing business. Most offers from people who haven’t even toured the property are low-ballers, scammers. Wholesalers, time wasters etc. I would recommend selling a property or two and gaining a basic understanding of the business before starting a brokerage. Sorry, but you said to be blunt! Most of your assumptions on how the business works are incorrect. Any new business idea should solve a problem that other existing businesses haven’t anlready addressed IMO, if they plan to be successful. 

Post: Refusing a Tenant Prospect Before Showing/Application

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @David Spurlock:
Quote from @Steve K.:
Quote from @David Spurlock:
Quote from @Steve K.:
Quote from @David Spurlock:

Hey @Fareen E.,

You've gotten a lot of feedback here saying you are in the clear to decline them. However, I would disagree. I do the majority of my leasing on Facebook and Zillow and I never ask for an ID. You need to think about this from the tenant's perspective. While Facebook Marketplace isn't the sketchiest site (craigslist), I personally would never give my ID across it. If the only indication that he is difficult is not wanting to send his ID to a stranger on Facebook, I wouldn't blame him. 

You are more than welcome to decline a showing because he is not comfortable with your requirements, but you are not allowed to discourage someone from applying to your apartment. That is an easy way to get a Fair Housing Violation case.


Lastly, why do you care who is looking at the property? When they apply is when you should confirm their identity. 


 Asking for ID as a requirement to show a rental is not a fair housing violation, and there are plenty of reasons why a landlord should care who is looking at their property, theft and their own personal safety being the first 2 that spring to mind, followed closely by not wanting to waster their time. If someone isn’t willing to provide ID, they are not a serious applicant and possibly a scammer, so it’s a good screening tool to weed out the tire-kickers and sketch balls. My PM asks for ID as step #1 for these reasons. 

@Steve K. Please take a minute to reread what I wrote. You can deny a showing, but you cannot prevent/discourage someone from applying. That would be a fair housing violation. 

"there are plenty of reasons why a landlord should care who is looking at their property, theft and their own personal safety being the first 2 that spring to mind, followed closely by not wanting to waste their time" These are valid reasons but depend greatly on your market and who is showing the property. 

Theft - No one is going to steal while you are there. Someone planning on stealing anything of worth is going to do it while you are gone. You could argue that they are using the tour to scope out the building. However, a simple security system would deter this.

Personal Safety -  I assume you are using their ID to run a background check and deciding if their history affects your safety, correct?

Wasting Time - @Fareen E. I've found this to be super helpful: When someone inquires about the property Thank them and Send them the pre-requirements (Income, credit, no evictions) and ask if they meet them. The vast majority of them will out themselves and you can decline to show the property. 


Oh boy. First day on the job? They don’t steal in front of you, they come back later and steal. Security systems are easily outsmarted, that’s the point of the initial visit, to case the joint. Or they run a scam where they pretend to be the landlord and steal prospective tenants security deposits. Or any number of other scams. Asking for ID for a showing is a pro move. You should be doing this IMO. There’s no risk and all reward because if somebody can’t provide ID, they’re not going to be able to rent from me anyway. 


 Again, you're repeating what I have said. Sounds like you have a pretty poor security system.

Even with a good security system, having a tenant provide ID is the first step in a professional screening process. It would be great if security systems stopped all crimes, but they don’t. 

Post: Refusing a Tenant Prospect Before Showing/Application

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @David Spurlock:
Quote from @Steve K.:
Quote from @David Spurlock:

Hey @Fareen E.,

You've gotten a lot of feedback here saying you are in the clear to decline them. However, I would disagree. I do the majority of my leasing on Facebook and Zillow and I never ask for an ID. You need to think about this from the tenant's perspective. While Facebook Marketplace isn't the sketchiest site (craigslist), I personally would never give my ID across it. If the only indication that he is difficult is not wanting to send his ID to a stranger on Facebook, I wouldn't blame him. 

You are more than welcome to decline a showing because he is not comfortable with your requirements, but you are not allowed to discourage someone from applying to your apartment. That is an easy way to get a Fair Housing Violation case.


Lastly, why do you care who is looking at the property? When they apply is when you should confirm their identity. 


 Asking for ID as a requirement to show a rental is not a fair housing violation, and there are plenty of reasons why a landlord should care who is looking at their property, theft and their own personal safety being the first 2 that spring to mind, followed closely by not wanting to waster their time. If someone isn’t willing to provide ID, they are not a serious applicant and possibly a scammer, so it’s a good screening tool to weed out the tire-kickers and sketch balls. My PM asks for ID as step #1 for these reasons. 

@Steve K. Please take a minute to reread what I wrote. You can deny a showing, but you cannot prevent/discourage someone from applying. That would be a fair housing violation. 

"there are plenty of reasons why a landlord should care who is looking at their property, theft and their own personal safety being the first 2 that spring to mind, followed closely by not wanting to waste their time" These are valid reasons but depend greatly on your market and who is showing the property. 

Theft - No one is going to steal while you are there. Someone planning on stealing anything of worth is going to do it while you are gone. You could argue that they are using the tour to scope out the building. However, a simple security system would deter this.

Personal Safety -  I assume you are using their ID to run a background check and deciding if their history affects your safety, correct?

Wasting Time - @Fareen E. I've found this to be super helpful: When someone inquires about the property Thank them and Send them the pre-requirements (Income, credit, no evictions) and ask if they meet them. The vast majority of them will out themselves and you can decline to show the property. 


Oh boy. First day on the job? They don’t steal in front of you, they come back later and steal. Security systems are easily outsmarted, that’s the point of the initial visit, to case the joint. Or they run a scam where they pretend to be the landlord and steal prospective tenants security deposits. Or any number of other scams. Asking for ID for a showing is a pro move. You should be doing this IMO. There’s no risk and all reward because if somebody can’t provide ID, they’re not going to be able to rent from me anyway. 

Post: Tell Me Why My Discount Brokerage Idea Is Bad: Calling All Agents

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @James Kerson:

Let’s redirect the conversation. Assuming you could wave a wand and eliminate or change any existing practice, laws, and regulation pertaining to real estate transactions, what would you change, either for your own benefit as intermediaries or for the benefit of principals?

One thing I would change is that all of the security deposits being held by landlords are sitting in savings accounts or escrow, earning meager interest if anything. Somebody should create a way for that money to be invested and benefit the renter whose capital/ sunken investment it is. Affordable housing is always an issue as well. Down payment assistance/ a VC that partners with first time home buyers to provide a pathway to home ownership would be a welcome addition to the industry! 

Post: Tell Me Why My Discount Brokerage Idea Is Bad: Calling All Agents

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @James Kerson:

James, play along with me:

1. Why are U.S. real estate commissions more than 3x higher than in almost any other rich country? What is uniquely complicated about our real estate transactions to justify the higher commissions?

2. Quality of service is important, but why does the service have to be all-inclusive? There are many buyers and sellers of sufficient sophistication not to require at least some of the typical bundle of services. (I’d note that in many industries, even though people value service, they often go for the lowest price as long as service meets an acceptable minimal level - think of airlines or hotels.)

3. A few posters have commented that data-driven pricing doesn’t work. I’ll push back on this. Indeed, the zEstimates are quite imprecise; its algorithm is a mystery. But most pricing is a function of recent comps, adjusted for the subject property by size, condition of systems, and aesthetic qualities. Photo quality is important to drive traffic, and staging can improve photos and prospect appreciation during tours. 

My hypothesis is that a Venn diagram of high-sophistication principals and normal properties (however defined) would encompass 20-30% of SFR transactions. These deals don't really require bundled all-inclusive brokerage service, in my view. Maybe I'm wrong, but I doubt it.


 1. It is not accurate to say that US real estate commishes are 3x higher than any other rich country. In most other developed countries it is 3-5% total with various splits to buyer/seller (similar to expensive markets here where average is 4-5% total), plus they have 15-20% VAT in these other countries that gets absorbed into the deal. Check this out for reference: https://tranio.com/articles/real_estate_agents_commissions_i... also in a lot of these countries agents are not full service and attorneys (or "solicitors", "barristers" etc. varying names in different places) handle the contracting/paperwork which agents handle here, so those folks also need to be paid. In my experience in foreign countries, there is often less consumer protections/ no central MLS or licensing/ greater risk to the principals, much more red tape, and overall higher transactions costs than here so it's important to look at the whole picture not just the commish %. It's obviously a lot more complicated to compare the different business models, making the blanket statement "Us commishes are 3x higher" extremely flawed logic. I also agree with James about the legal component, our culture is more litigious than others but there's also less risk that a "lawyer" will run off with all the money here which I have experienced in other "rich" countries.

2. There are plenty of discount brokerages in the market now, you are basically copying their business model but adding more complexity and overhead expenses to what these companies are already doing. You won't be able to compete with them on pricing and will be crushed. 

3. You have to go inside the comps to understand how they compare to subject property, which is what competent agents and appraisers do. Robots can not go in the comps and compute how they compare to subject property. In addition to failing massively leading to Billion dollar losses for ibuyers, data-driven pricing tools have seriously harmed consumers and should be outlawed in my opinion. I've personally witnessed several intelligent people suffer financial harm because they trusted this info, didn't think they needed buyer representation, and overpaid by 6 figures.   

You should try working in the industry for a little while in order to better understand it before trying to recreate it! 

Post: Tell Me Why My Discount Brokerage Idea Is Bad: Calling All Agents

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @James Kerson:

It's understandable that this thread has touched a nerve. I’m proposing a radical reworking of how houses get bought and sold in the United States, and asking agents to comment on what would be major changes in how they work, who would compensate them, how, and how much. 

The end result I envision will be many fewer commission dollars paid and agents employed, but those remaining agents would be much more regularly employed, on an hourly and not a commission basis, paid to provide advice and nothing else. SFR transactions are generally fairly simple, and condos are not too much more complicated. Depending on the principal, a lesser or greater degree of professional advice is necessary, but most SFR transactions are similar in their mechanics. My brokerage would employ data-driven pricing guidance (hard to see how this would be materially different from MLS comp sheets; perhaps more accurate). It would hire photographers like traditional agents do, and would advise buyers and sellers, up to a predetermined number of hours, after which the advice would cost extra. This would disincentivize tire-kicking and over-pricing, I hope.

Whether my brokerage would work for sellers alone or for both buyers and sellers is a technical matter, an important one to be sure, but a technical one that can be overcome. Marcus & Millichap, the commercial brokerage, more or less exclusively functions as a listing agent or a dual agent. Are commercial buyers more sophisticated than residential ones? Maybe so, but I doubt that they’re less litigious. 

Likewise, I’d need to work out how prospects would tour properties safely, legally, and at minimal expense. I don’t have an easy answer, but if Uber made private cars taxis for hire, I’m sure this could be overcome, too. My guess is that there are inactive licensees who could be drafted to a new brokerage whose sole function would be to open doors, especially if those licensees are paid per-tour…like Uber drivers.


 1. Data-driven pricing does not work. Look at what happened to all of the ibuyers. Look at my street right now: the "zestimates" are off by hundreds of thousands on every single property. It doesn't work. Only local agents/real estate professionals who know the area house by house and can see, touch and smell the property can price a listing well, period. Literally my neighbor's house is off by $300k right now and it should be an easy one to price. 

2. If you're paying employees an hourly wage, you need to factor in payroll taxes, benefits, and overhead. Your all-in, total cost of labor is going to be around $75/hr if you are paying $50/hr. You'd probably have to provide a company car, insurance, E&O insurance, cell phone, and laptop/ tablet also. You can't expect quality licensed professionals to be willing to work for only $50/hr., especially if they're driving their own car, paying their own insurance, cell phone, continuing education/licensing costs etc. When I bill by the hour, I charge $350 in order to cover all of my expenses and make it worth my time. You'd need to be charging closer to $450/hr. and paying $350/hr. in order to have a viable business model IMO, which probably isn't much different than charging the typical commission rates. It's going to be impossible to staff this business with competent people if you pay them less than a liveable wage.

3. Dual agency is illegal in my market, and I'm glad it is. Sellers always want to get the most for their property, buyers always want to get the best price. The agents are there to keep seller or buyer from screwing each other. Dual agency residential is the most litigated type of transaction in all of real estate. 

M&M actually mostly does single agency transactions actually, although it is probably more common for commercial agents to act as dual agents where allowed by law. But commercial is totally different because it is not someone's personal residence. If there is an undisclosed mold problem in a closet, the buyer probably won't even notice. Their wife won't complain, their kid won't get sick. In resi, somebody is going to sue and everybody involved is getting named in the suit, which is why E&O insurance doesn't like dual agency. Dual agency combined with limited services, combined with bottom-feeder employees, means you will get wiped out by lawsuits.

 Hiring and turnover/ staffing issues will make it very difficult to scale and sustain this business, and a nightmare to manage IMO. Every state has their own real estate laws of course, so legal compliance will also be challenging. Yes national brands manage it, but they typically charge 6% not 0.6% lol. You would not be covering overhead charging 0.6%. You'd be operating at a loss and the greater you scale, the more you'd lose. 

Like I said, good model if you hate making money and love being sued. Spirit Airlines is an interesting business model for you to reference considering they just filed for Chapter 11 bankruptcy. That's where you'd end up as well, so what's the point? This is a difficult business to be in. I don't see why anyone would do it if they aren't making good money. If you stay in the business a minute, you will see many discount brokerages come and go. 

Post: Refusing a Tenant Prospect Before Showing/Application

Steve K.#4 Wholesaling ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,910
  • Votes 5,192
Quote from @David Spurlock:

Hey @Fareen E.,

You've gotten a lot of feedback here saying you are in the clear to decline them. However, I would disagree. I do the majority of my leasing on Facebook and Zillow and I never ask for an ID. You need to think about this from the tenant's perspective. While Facebook Marketplace isn't the sketchiest site (craigslist), I personally would never give my ID across it. If the only indication that he is difficult is not wanting to send his ID to a stranger on Facebook, I wouldn't blame him. 

You are more than welcome to decline a showing because he is not comfortable with your requirements, but you are not allowed to discourage someone from applying to your apartment. That is an easy way to get a Fair Housing Violation case.


Lastly, why do you care who is looking at the property? When they apply is when you should confirm their identity. 


 Asking for ID as a requirement to show a rental is not a fair housing violation, and there are plenty of reasons why a landlord should care who is looking at their property, theft and their own personal safety being the first 2 that spring to mind, followed closely by not wanting to waster their time. If someone isn’t willing to provide ID, they are not a serious applicant and possibly a scammer, so it’s a good screening tool to weed out the tire-kickers and sketch balls. My PM asks for ID as step #1 for these reasons.