Give it a rest RESPA
RESPA – the Real Estate Settlement Procedures Act – standardizes closing costs and settlement procedures. It is a HUD (Housing and Urban Development) consumer protection statute designed to help homebuyers be better shoppers during the home buying process. RESPA requires that consumers receive disclosures at various times in the transaction and outlaws kickbacks that increase the cost of settlement services.
If RESPA were that simple, things would be fine. But January ushered in a new wave of RESPA laws designed with the intent to allow the consumer to easily compare their settlement charges on their Good Faith Estimate to their HUD-1 Statement. Sounds acceptable on its surface but what it’s actually done is that is has added a layer of paperwork and time commitment only compounding the confusion and lengthy delays surrounding our ever-increasing closing procedures. The paperwork is confusing. There’s no room to make quick decisions. And title companies are still not getting information to buyers before closing.
The intent of RESPA was to protect the consumer from real estate salespeople and other support services (like banks, title companies, etc.) from packaging and forcing additional services upon the consumer that they didn’t actually need, they didn’t have a choice to say no, and then would be overcharged for those services. It’s a valid concern, but in this day and age, I think consumers are smart and will shop for their services.
In my opinion, RESPA is a whole set of laws based on a different time. The consumer still needs to be protected but I think the responsibility should be rightly placed on the front end during the realtor certification process. Better training and accountability practices wouldn’t require such convoluted systems for each and every sale. RESPA now becomes an obstacle because we have to continually explain our fees throughout the sales process, which just breeds skepticism and doubt among consumers already overwhelmed in the sales process.
Commissions are going down, overhead is going up. The mere presence of RESPA implies that realtors charge fees consumers don’t need. For example, fees after the sale. RESPA does not approve of these additional fees and labels it as “commission,” despite the fact that it has nothing to do with the transaction. The consumer is just not seeing added value from using a realtor and this doesn’t help when we have legitimate recommendations for additional services to benefit their home sale or purchase. Consumers need to know the importance of the experience and connections that a realtor brings to the deal. While the intention is sound, compliance with RESPA is creating more raised eyebrows and distrust throughout the transaction which doesn’t necessarily benefit the client in the end.
Saving trees
I’ve been seeing a lot of movies. I like movies, it’s my guilty pleasure. And I say guilty because these days it seems that you need a separate investment account just to foot the bill. In 1970, the average cost for admission to a movie was $1.55! Nowadays, you can expect to pay $8.00-8.50 for matinees, $ 9.00-9.50 after 4:00PM, $11.50-$13.50 for 3-D. With $ 6.00-12.00 for a drink and popcorn, my pastime is getting expensive. If the flick is a flop, it’s become a financial loss as well as a waste of time.
We are all sensitive to how much things cost today. Since we’re taking a walk down memory lane, I remember years ago when it was en vogue to decide that we were going to eliminate paper in real estate offices. Ironically ever since that time, we have doubled the use of paper.
I think I know why. Let me give you an example:
I recently had a cash closing. It took 10 minutes. I’m not kidding, TEN.
My next closing was an FHA closing with a plethora of loan documents. It took 45 minutes to close. Break that down to 25 minutes to have an attorney explain all the documentation to the buyer (thankfully he was there to speed up the process or it could rightfully have taken the better part of the day), and then TWENTY minutes to make COPIES.
Most consumers don’t even read the documents (which is exactly why so many people entered unwittingly into foreclosure) that we so diligently churn through our Xerox machines. But we’re not the only fall guy, real estate isn’t alone with the threat of endangering the trees. Here’s a great analysis from a financial advisory office. They estimate an average office could save some incredible coin with a change in practices. Imagine what would happen if we found it fashionable to work towards that paperless office again?
If I wanted to kill some time I could campaign to have all cash closings as a simpler way to reduce paper consumption, but let’s face it, that would be a career limiting move in this economy. I do believe that time would be better spent at the movies.