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Evil Buyers Display Extreme Cruelty to Distressed Sellers


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2007 Apr 17, 5:43am   34,525 views  547 comments

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buyer eyeing seller

Sadistic, Greedy Buyers Toying with Sellers Like Cats with Prey*
Copyright © 2007 UnReality Times®. All Rights Reserved.
by David Lereah, Leslie Appleton-Young and John Karevoll

As the alleged real estate bear market enters its second year of hitting bottom, some buyers out there are clearly enjoying this one-time market aberration --perhaps a little too much. Is deriving sadistic glee from other peoples' suffering a nice thing to do? The Germans have a word for this: schadenfreude (and we all know what cruelty the Germans are capable of!).

According to Donald Parisi, president of the Realtor Association of the Fox Valley (IL), buyer cruelty is reaching grotesque proportions:

"Parisi said he believes ‘doom and gloom’ media coverage has hurt the market. 'We’ve seen some very ridiculous offers,' Parisi said. 'People shouldn’t be desperate … The problem is some buyers are out there just to take advantage of the marketplace.'"

This view is further clarified by Jim Fox, manager of Realty One in Canton, Ohio:

“As unrealistic, said Fox, are some would-be buyers; they expect sellers to practically give their homes away. ‘Some people, … they want us to help them steal a home,’ Fox said.”

Even more to the point than Mr. Parisi, Florida Realtorâ„¢ Becky Troutt gets right to the heart of the matter:

"I think some of the buyers are out for blood! ...There is a difference from 'getting a deal' and 'trying to get something for nothing'! Just because the market is slow right now and homes take longer to sell.....doesn't mean that sellers are going to give their homes away and it doesn't give you the right to go for the jugular vein! How insulted would you be if you were that seller and someone asked you to come down off your price $90,000? Do you think you would say...ok sure no problem. I'm not spinning my heels in mud with an unrealistic buyer who only wants to try and rip a seller off!"

A note to home buyers: If you only want to pay $200,000 for a home......don't look at homes that are $90,000 more than you want to spend or can afford just because it's a slow market, and you think you can get a seller down that much.....because....IT AIN'T GONNA HAPPEN!!!"

Now, that's telling 'em like it is, Becky!

While the unbridled greed and glee exhibited by these sadistic buyers (and the American Dreamâ„¢-hating press) are stomach-turning awful, they are not the primary causes of this upside-down market. The real culprit for this most unnatural and unhealthy market condition, is well understood in the industry:

"What appears to be driving the increase in foreclosures is that home values are not rising, DataQuick analyst Andrew LePage said. 'Take away home-price appreciation, or ratchet it down or even make prices negative, and all of those forms of (economic) distress start to result in increased foreclosure activity,' LePage said."

Clearly what's needed here is massive government intervention to protect homeowners and rekindle the normal 20%/year appreciation. This might take the form of a distressed homeowner mortgage buy-down, or federal underwriting for all the kindhearted subprime lenders who generously enabled low-income Americans participate in the American Dreamâ„¢ (often mischaracterized by Gloom'n'Doomers as a "bailout").

To proactively tackle this looming crisis, the NAR and CAR have teamed up with the MBAA (Mortgage Bankers Association of America) to sponsor the Save the American Dreamâ„¢ Act of 2007. Says NAR Chief Economist, David Lereah, "We are urging people to sign our online petition, and write, call, email and beg their Senators and Congresspersons to support this badly needed piece of mercy legislation. Home ownership is as American as apple pie --only you (and Uncle Sam) have the power to save it! Please do your patriotic duty and support the SADA. God bless."

[*Note: while the offset quotes and links are real, this 'article' is a parody]

#housing

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166   DinOR   2007 Apr 18, 12:55am  

surfer x,

We simply don't have enough of a data base (in rural OR) for Zillow to be of much value. There are so few closings and they can be lengthy periods of ownership so AFAIK they look at your initial cost basis, track what you sold for and just carry that appreciation model forward. All other metrics be damned.

There was a link *edog had above where the AZ Appraise-Whores Assoc. is effectively banning Zillow from operating in AZ. BIG step backwards.

My wife would argue (and has) that we coulda/shoulda/woulda bought yet another home in early '04 and STILL had time to sell (or do yet another cash-out re-fi) to have paid for kids college and a wedding. I (after years in the back seat where household finances were concerned) finally had to draw the line! Sure, paying for college and weddings out of pocket sucks. I mean it REALLY sucks!

This has been a HUGE part of my reluctance. Sellers expecting that even though we DO suspect much of this is nothing more than a Ponzi, continue to palm OUR costs and expenses on to the next schmuck. Oh and btw you'll be paying for that wedding/diploma for the next 15-30 years but at least YOU didn't have any immediate financial discomfort?

As Randy H suggests, each of us have our own "utility" factor. Since I'm on the other end of raising children (and congrats! btw) my "utility" is about ZERO. We don't have any pets, I hate yard work and I'm hoping I don't get stuck w/mom. I spent 9 years of my life on a boat or in a barracks so as long as I get the bottom bunk I'm cool. The Mrs. is despondent that we don't have a sprawling McAlbatross to entertain the many guests that surely will arrive for the wedding. Of course 60% of this space will be under utilized to say the least the day after w/29 years and 11 months left on the payments!

I Don't WANT to be "Stanley Johnson"!

167   HeadSet   2007 Apr 18, 1:03am  

Malcolm

My comment about lowballing and the evil dance had a bit of the flavor of the "Evil Buyers" thread title.

I am not really going to gross lowball, or send in any framers. What I did in 95 and 96 when I bought houses was look at the houses, sometimes repeatedly, and wait. After sitting empty for months, the sellers would lower the prices. After that, I would make an offer that was a good deal for me, but not a terrible lowball. The one time I was turned down, I was able to get the same house 6 months later for the same price. Of course this will not work if you have a specific house in mind to use as a personal residence.

168   Different Sean   2007 Apr 18, 1:04am  

HeadSet Says:
The point I want to make is that I see no reason why people cannot save up a down payment. If one does not have the discipline to save while renting, they are probrably better off continuing to rent.

There's something called the 'rental trap', where the cost of rent is such that the would-be buyer can never save a deposit.

169   DinOR   2007 Apr 18, 1:06am  

skibum,

You are all over it today Sir!

Doreen Woo Ho has the misfortune of being the "point man" in the lender's effort to spin these "thinking outside the box solutions" in a way that's at least digestible to the public.

Patrick's first link today from "The Dept. of Homeland Stupidity" explains all.

170   HeadSet   2007 Apr 18, 1:34am  

"There’s something called the ‘rental trap’, where the cost of rent is such that the would-be buyer can never save a deposit."

I do not know apartments, so I'll only speak on single family homes.

If someone wants a 2500 sq ft house, they rent a 1500 sq ft house for a few years. The savings on renting verses mortgage, plus savings by having no bills for maint, taxes, or insurance would go for the down payment. As a previous poster noted, anyone who thinks a landlord can pass maint, insurance, and taxes on to the tenants has not been a landlord.

People who can afford payments on the large home should certainly be able to save a down payment by renting a smaller home. And by forgoing the matching SUVs. Again, I am talking about a market with prices corresponding with sane lending practices.

171   mr beezer   2007 Apr 18, 1:42am  

from the financial times april 17
"Real concern over virtual under-age sex
Virtual worlds are raising some new areas of concern"
says special agent Flint Waters,leading officer for the Wyoming Internet Crimes Against Children Taskforce.
"there are a growing number of virtual brothels,for example,
where it is possible to have sex with an avatar that appears to be a child. This raises difficult questions for us a a society"
he says

It is not just individuals that inhabit these worlds: companies from IBM to Reuters have set up offices, hold meetings or advertise on Second Life.

172   Randy H   2007 Apr 18, 1:47am  

HARM

I wasn't specifically targeting you. Sorry if I sounded lecturing. My personality is one which is particularly sensitive to any kind of group-think self enforcement. I probably overreacted.

173   Malcolm   2007 Apr 18, 1:53am  

Justme Says
"The reason MLS should be made public and open is that it constitutes a de-facto monopoly. Another part of the monopoly is the “standard” contracts that realtors use, which are not freely available."

First, it is not a monopoly, and second even if it were, monopolies are not automatically illegal. In this country we don't smash proprietary barriers simply because we think it didn't cost that much or because we want access. That is something that goes on in parts of the world that we are trying to liberate.

174   Malcolm   2007 Apr 18, 1:56am  

BTW, a contract can be written on a napkin. To say their forms are a monopoly is just not cogent. Stop throwing around hot button words like monopoly. You sound like some news person throwing around terms like victim, or forced into this or that.

175   Randy H   2007 Apr 18, 2:02am  

Why should MLS be open?

The current manner in which MLS is operated constitutes a de facto collusive monopoly. Monopolies are fine. Collusion to the end of stifling competition is not, and is supposed to be illegal in the US. Unless the trade groups representing the integrated MLS system are placed under specifically regulated monopoly protection, ala the telecoms or energy companies prior to 1980s, then they are in violation of US antitrust rules.

The only reason no one has prosecuted this successfully yet is that every time the Justice Department starts an action -- and they have one underway right now I might add -- Congress steps in and derails it. But Congress also refuses to establish any meaningful regulatory regime for real estate either.

The MLS "agreement" which members are forced to accept to participate in the system is itself a case study in anti-competitive behaviors.

Is the MLS cartel responsible for the fact that real estate transaction costs have failed to narrow over a period when all other financial transaction costs have dropped by an order of magnitude? The MLS reduces one of the larger cost components of the real estate transaction -- economic search costs. With those costs removed, were real estate competitive, transaction costs would have shrunk significantly. Instead we see the MLS used as a barrier allowing the real estate industry to capture economic benefit away from the consumer. That type of action is illegal in the US if it involves collusion, or various other anti competitive behaviors.

Finally, arguments appealing to "free markets" supporting the MLS status quo are nefarious. Free markets do not mean that companies and their trade organizations are free to manipulate and control markets to their own benefit. Free markets mean companies and their trade organizations are free to compete within markets. By this logic at&t should be allowed to tell half the country which web sites they can go to, and they should be allowed to force companies wishing to participate on their web to sign big nasty agreements to become "members" of their club in order to have a chance to sell their services to consumers.

176   Randy H   2007 Apr 18, 2:05am  

Monopolies are not illegal in the US. They are legal so long as they are:

a) regulated.
b) natural and do not use their market power to the detriment of consumers.

The current MLS cartel fails both points.

177   Randy H   2007 Apr 18, 2:05am  

*either a or b

178   DinOR   2007 Apr 18, 2:05am  

Malcom,

Oh I CAN and I WILL use the term "monopoly" (as applied to the REIC) all I WANT!

If you don't think it's a monopoly, just try setting up shop as a "discount" RE firm and tell me about all the love you're gettin'!

I object to their "cartel" practices as much if not MORE than the prices that result from "agents", brokers, appraise-whores, lenders (and the title companies that sell your name) ALL sleeping in the same bed! You from this planet, or just visiting?

179   HeadSet   2007 Apr 18, 2:07am  

Person,

Hopefully the savings flow, not just the interest earned, would get one out of the rental trap.

What is low yield? 12 week Treasuries are around 5%. Is this what you consider low?

180   Malcolm   2007 Apr 18, 2:14am  

How does the MLS collude to keep you from reading Home Trader, or opening your newspaper? It is a tool, and most all of your points are unsupported. Again, you throw around terms like collusive monopoly or a cartel for the emotional aspect and don't support it. You then let you argument completely slide off the scale when you assert that they control the market, and have prevented discount brokers. Discount brokers like Ipay1 have literally entrenched themselves as a new standard, and if you think the MLS players can 'control' the market, then why are prices falling?

181   skibum   2007 Apr 18, 2:17am  

Randy H,

GREAT post. Your post should be included as evidence for these congressional hearings. I'd only add that the probable reason Congress has derailed any MLS cartel-breaking plans is that the NAR is one of the largest political donors in the US.

182   skibum   2007 Apr 18, 2:17am  

Randy H,

GREAT post. Your post should be included as evidence for these congressional hearings. I'd only add that the probable reason Congress has derailed any MLS cartel-breaking plans is that the NAR is one of the largest political donors in the US.

183   DinOR   2007 Apr 18, 2:19am  

Malcom,

Did you read the part about "being from this planet"?

NFW discount brokers are getting so much as a toe hold against the 6% Cartel (TM). Not even close! They are black-balled, have their signs torn down, get threatening phone calls and are met with legislative stone walling like "minimum standard services". (All for the "benefit" of the consumer of course). Seriously, you just visiting?

184   Malcolm   2007 Apr 18, 2:20am  

You then lay down your choice of criteria for a monopoly to then shoot down to make an incorrect point. Yes, monopolies can exist if they are natural so why didn't you stop there. The MLS is not propped up in an unatural state. A company operating off of a patented or licensed technology is NOT regulated so your point fails entirely there. I still don't see a bunch of independent businesses being a cartel for using a database, and furthermore the free market has given you access through Realtor.com, hardly seems like a colluded cartel to me, but I guess if you assign a shocking term even something as benign as a lockbox seems like oppression.

185   Malcolm   2007 Apr 18, 2:22am  

DINO, you are falling into that trap as well. Now you are talking about specific illegal actions to then make it seem like it is industry practice to tear down signs, or blacklist people. Prove it in court and walk away rich, but at least argue your point honestly.

186   DinOR   2007 Apr 18, 2:23am  

skibum,

Along with the NAHB, building suppliers, lenders etc. all working to make sure you and I "get the best possible products and services" naturally.

Btw, I know the moon walk was faked b/c the earth shown in the background was round *not square. I'm done, it's a monopoly.

187   Malcolm   2007 Apr 18, 2:25am  

DINO
"If you don’t think it’s a monopoly, just try setting up shop as a “discount” RE firm and tell me about all the love you’re gettin’!"

In this market, are you kidding me? But your key word is try. You have no guarantees, only the right to try. It's a scary world in business, and you don't succeed always trying to get the rules rewritten because you don't like something someone else has.

188   DinOR   2007 Apr 18, 2:28am  

Malcom,

I used to go to school with a guy that made his arguments this way. Everyone would utterly decimate his flimsy and half-baked position and yet, the guy would walk away smug! I guess as long as you can walk away with your head held high you were right!?

It's a little bit late in the game to be debating this, and counter productive. The "debate" should be about how do we dismantle it and put something resembling sanity in it's place. I'm done now. It's a monopoly.

189   Malcolm   2007 Apr 18, 2:28am  

The word of the day is innovation, that's how you do it.

190   Malcolm   2007 Apr 18, 2:29am  

You don't even know the meaning of the word.

191   Malcolm   2007 Apr 18, 2:31am  

And no, the debate isn't what you think it should be. I see a pattern in your thought process, you remind me of many people I see who think life is about accomodating your needs.

192   DaBoss   2007 Apr 18, 2:31am  

Different Sean-

In the eyes of the IRS it would be taxable. Since no after the fact transaction of sale by buyer has occured, 'constructive rect' would quaility income and not quaility for any exclusion. I IRS would see this unearned income... someone giving you money under the table... Thats what Al Capone went to jail for, unreported income. Its that simple.

193   Malcolm   2007 Apr 18, 2:31am  

Dismantle it, who the hell are you?

194   Randy H   2007 Apr 18, 2:32am  

Malcom

US Antitrust Law specifically prohibits any use of market power (which is a legally defined and quantifiable term*) to the detriment of consumers.

Natural monopoly, collusive monopoly, oligopoly, even monospony all are subject to this test.

Does the existence of MLS serve to harm consumers by keeping transaction costs high?

Does the MLS "cartel" (group of cooperating entities, if you wish) represent significant market power? What does MLS rank in the HSR index for its industry? This work has been done, and it is available.

Don't just cry "shocking terms", or "you're as bad as the media". Why don't you demonstrate to me to whom the economic benefits of reduced search costs have accrued. The consumer or entities colluding within the MLS system?

Or more simply, answer me this. Why do so many MLS member agreements requires specifically that the member *not* participate in any competitive networks or systems? Justify that for me and you'll be a long way towards convincing me the MLS is benign.

195   DinOR   2007 Apr 18, 2:35am  

"you don't succeed always trying to get the rules rewritten"

What rules? Who exactly "wrote" these rules? You may be right, (especially when they're written in STONE) and kept that way by special int. groups. NAR Rulez, and there's not a thing anyone can do about it.

Enjoy your visit! :)

196   Malcolm   2007 Apr 18, 2:36am  

Randy, what's your source on the definition?
At least you lay out some tests, other people just throw the terms around like a profanity.

197   Malcolm   2007 Apr 18, 2:38am  

If your definition were true we would not have patents because those keep prices high, so I don't follow your definition out of the gate, but your point has structure so I'll follow along if you can establish a baseline.

198   Randy H   2007 Apr 18, 2:38am  

By the way, Malcom. The US and Canadian paper industries had a very similar "trade organization" in the 60s and 70s. It served a different purpose, but it sought to create a sort of market clearinghouse for paper, timber and other related products. Members were required to abide by the trade organization's rules in order to participate in the system/market's use. And all the system/market was really was a big marketing machine, not unlike a manual MLS.

That system didn't even directly harm consumers, it only harmed downstream manufacturers who used paper products.

A number of people went to jail over that cartel because they were found to have colluded in the market's creation.

Companies are not allowed to work with each other to the end of controlling or manipulating a market if their goal is erection of barriers to entry.

199   DinOR   2007 Apr 18, 2:39am  

"Dismantle it, who the hell are you?"

I'm the guy with the f@cking sledge hammer and crow bar! That's who!

Get to work boys!

200   Malcolm   2007 Apr 18, 2:41am  

The rules Dino, that you want rewritten are basically the foundations of the entire free market because someone has come up with something proprietary that doesn't suit your needs so you want to take it away under some very flimsey assertions.

201   Malcolm   2007 Apr 18, 2:42am  

No room for debate, DINO doesn't like it so there is no debate, the point of discussion starts with, how are we going to dismantle this thing?

202   Randy H   2007 Apr 18, 2:42am  

Malcom

http://www.ftc.gov/bc/hsr/hsr.shtm

The Hart Scott Rodino Act. Originally applied to merger tests (and still mainly used for that), it also is considered by courts as an objective measure of market power.

No, patents are not the same. They are a specifically created form of market barrier by Congressional legislation. Patents are *not* a free market device. They are a *regulatory* device.

What I think you're missing is *innovation* is embraced, protected, and accommodated. Companies can "collude" to innovate. But, once that innovation has been widely adopted, and various patents have wound down, then the game changes. Beyond that point those companies can *not* continue to "collude" to prop up that old "innovation" as a barrier. At that point, it is no longer an innovation at all, but a barrier to entry and a means of keeping the benefits of that innovation from flowing economically to consumers.

203   Malcolm   2007 Apr 18, 2:45am  

Randy, you're dangerous. You actually know some things, but specifically how is a paper mill which is clearly violating antitrust, and an industry 'legally' using a tradegroup resource the same thing?

204   DinOR   2007 Apr 18, 2:46am  

"foundations of the entire free market"

Oh that's a freaking laugh. If everyone "operated" like NAR you'd have to get pre-qualified and go through a "listing auto agent" before being able to shop for a car. Like Randy H said, show us how members can function within MLS AND use other resources or just give it a rest and come over to the dark side.

205   Randy H   2007 Apr 18, 2:48am  

Some good research was done in the past couple years by the proponents of the CA Open MLS Act, which has been blocked by the CAR for the past couple years.

Section 2 of the last filing summarize the research well:

http://ag.ca.gov/initiatives/pdf/sa2005rf0145.pdf

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