and the Future of Transparency


Recently, a bit of a brouhaha broke out in real estate social media around a new startup called from a cofounder of Uber. Rismedia has the story:

The co-founder of Uber today introduced a new platform that considerably boosts transparency in real estate transactions.

The venture, named Haus, is an “open and fair real estate platform” that grants real estate agents and homebuyers access to all of the offers in front of a seller, among other permissions. The platform was developed by Expa, a startup studio helmed by Garrett Camp, co-founder of Uber.

“Most aspects of life have been improved by technology, yet buying or selling a home is still a manual process,” said Camp in a statement. “Haus is creating a platform we believe can revolutionize the way people buy real estate. The open and clear communication creates a more efficient and fair process for everyone involved.”

The response online has been predictably negative. So why bother talking about them, right?

Because while likely has some issues, the underlying notion that real estate needs more transparency, and one way or another, we’re going to get it, good and hard, is becoming more and more prevalent. Increased transparency is likely the future… whether we like it or not.

So whether is or isn’t worth talking about, the future of transparency is. Let’s get into it.

This See All Offers Business…

Most of the real estate brokers and agents look at the value proposition of showing all offers and think it’s somewhere between stupid and crazy:

I see being the biggest cluster to happen to real estate. The problem with open source offers is that it’s impossible to have confidential contracts, and confidentiality is required. What buyer will want their offer out there for all to see and one up? I can also see this opening up a fair housing can of worms.


Why anyone (most importantly the freaking SELLER of the home) would want this is beyond me. This isn’t Ebay. Also – (for those that actually DO real estate) how do you value a) closing date, b) reputable lender c) waiving contingencies and most importantly d) agents that do or don’t suck. Are they going to put a line in there that says “Sorry – your agent doesn’t know what the fuck they’re doing and hasn’t closed a deal in 2 years and works in the suburbs (when our house is in the city) and works for a cut-rate brokerage that doesn’t train their agents… Therefore, I have 0% confidence in your agent’s ability to get this across the closing table – Sincerely, The Listing Agent”

Those are the thoughtful responses, rather than just the “It’s stooopid!” kinds. And as it happens, I agree with them.

Measuring offers just by the amount offered is probably not the ideal way to evaluate them. As these professionals above note, a lot of things go into accepting/rejecting an offer besides just price.

Plus, as one person mentioned, relies on the listing agent and the seller to utilize its platform to get the offers visible. Getting that participation, against the backdrop of industry hostility, is not going to be easy.

So… why talk about this at all?

Winds of Change Blowing In British Columbia

The reason is what’s happening north of the border in the Canadian province of British Columbia. I wrote about that here and here. One provision in particular from the IAG Report is directly relevant here.

9. The Real Estate Council require that all offers received by a seller’s agent in relation to a trade in real estate, be promptly filed with that agent’s managing broker and be retained at the brokerage for review by the Real Estate Council on demand.

The IAG is aware of reports that some licensees are not disclosing all received offers to sellers, and favouring offers from particular buyers, in a manner that may compromise the licensee’s duty to act in the best interests of their client. We are also aware of reports that claims of multiple offers, that in some cases may be exaggerated, are used by some licensees to encourage buyers to increase their offers. To ensure transparency and a paper trail for the Real Estate Council to identify misconduct, including possible price manipulation,

THE IAG RECOMMENDS that brokerages be required to maintain records of all offers made during the sale process.

Longer term, THE IAG RECOMMENDS that the Real Estate Council implement a real-time multiple offer registry where buyers can monitor, with appropriate privacy protections, all offers that are made on the property. This will enable buyers to confirm that their offer has been submitted and confirm that, in fact, there are multiple bids that have been received on the property. [Emphasis added]

Oh yeah. That’s right. Let’s walk through this quickly.

First, look at the “problems” that the Report mentions:

  • Some agents aren’t telling the seller about all of the offers.
  • Some agents “favour” (Canadian spelling FTW!) offers from “particular buyers”.
  • Some agents lie about multiple offers, which leads to price manipulation.

Each of these things is not some exotic, why-I’ve-never-heard-of-such-a-thing occurrence in real estate. Most practitioners know that these things happen, and not all that rarely. The fact that these are against the Code of Ethics and even against the law  does not change the reality on the ground that some agents do this, and more.

So yes, on the one hand, I agree with my conscientious REALTOR friends that just publicizing all offers fails to take into account a number of non-price factors, such as closing date, the likelihood of the loan closing, etc. etc. And frankly, a seller may choose to sell to one buyer offering less simply because he likes that buyer. (That happened to me personally, where my agent wrote a very nice letter to the seller, which got the deal done.)

On the other hand, this is yet another situation in which the fact of crappy agents hurts everybody. Again, good conscientious brokers and agents know that some agents do unethical, illegal shit, like not telling their seller clients about all offers, because they want to steer the business to some particular buyer.

And if we’re going to honest, we have to concede that the existing structure of regulating agent behavior doesn’t work all that well. The report-then-prosecute-to-get-blacklisted model of Association disciplinary process is… suboptimal on a number of levels. The “let’s rely on the government regulators to do it for us” model results in… well, government regulators deciding to step in at some point, as they did and are doing in British Columbia.

Future of Transparency: Government Mandates

On the current trends, isn’t the concern. Government mandates are. A private entity, even if backed by Silicon Valley billionaires and super-smart techies, has a difficult time changing the culture and established practices of an industry. DotGov has no such problems.

Lack of transparency ultimately became a big enough issue north of the border for the government to step in, and as it usually does, government uses a heavy-handed hammer instead of a precise scalpel. Brokerages in British Columbia (and that contagion may spread to other provinces in Canada, since politicians talk to each other) are about to have to keep records of all offers submitted, then report those offers to the government, with the longterm goal of creating a government-operated database/website where consumers can go look up all of the offers, along with contingencies, etc. etc.

All of the valid reasons mentioned above by practicing REALTORS are going to get swept away, because the industry failed to discipline, regulate, and take care of the invalid, unethical, and illegal practices within itself.

So, what’s the takeaway?

It’s fairly simple. I’ve mentioned it time and again on this blog, and I talk about it in my public speaking gigs, and I try to work towards something like a solution. The takeaway is this:

If we, members of the real estate industry, do not voluntarily do a better job of consumer protection, we will be forced to do it… and we won’t like it very much. We will be made to care.



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Rob Hahn

Managing Partner of 7DS Associates, and the grand poobah of this here blog. Once called "a revolutionary in a really nice suit", people often wonder what I do for a living because I have the temerity to not talk about my clients and my work for clients. Suffice to say that I do strategy work for some of the largest organizations and companies in real estate, as well as some of the smallest startups and agent teams, but usually only on projects that interest me with big implications for reforming this wonderful, crazy, lovable yet frustrating real estate industry of ours.

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9 thoughts on “ and the Future of Transparency”

  1. Rob,

    Can you please give us examples of where transparency is lacking in a US real estate transaction?

    You keep referencing changes going on in BC. That was the 70s for us here in the States. It doesn’t apply.

    • I provided them in the article itself. Or are you saying that things like the listing agent failing to present all offers to the seller doesn’t happen? Or that some agents are (unethically and illegally) manipulating their sellers to take the offer from the buyer represented by the buyer agent on their teams? Because I know those things happen, and not all that rarely, from talking to the brokers and agents in the trenches.

      I appreciate your perspective that what went down in BC is nothing we have to worry about. I just have a different perspective.

      • Hi Rob – Not too long ago I ran across an article – I think it was from NAR. Question: What are the main issues facing the real estate industry?

        81% said, “Agent dishonesty and incompetence” And I agree.

        Secondly, I think that so far as selling houses in town, in subdivisions is concerned, with Trulia, Zillow and Realtor. com why are agent necessary? I see the day in the foreseeable future when cityfied agents are few in number. When brokers controlled access to properties for sale (MLS exclusive), we were a necessity, but since NAR gave that exclusivity away, do buyers and sellers really need us? Why? I mean really. What do agents bring to the table that sellers and buyers can not do for themselves? All a buyer and seller really need is a lawyer or title company to explain a thing or two.

        I’m sure we all have heard about and many others.

        The public is a sleeping giant that will waken soon and then we are toast.
        And that’s my two cents.


  2. How does this data get on Where do they get it? I have never seen an offer online except to email it to another broker/agent. Are they going to hack every real estate agent’s email? An offer will be in attachments. I must be missing something here, but, hell, I’m old.

  3. I agree with your summation and have preached and preached this here. We have made the process for self-regulation so complicated, time consuming and onerous that it is most often ignored. The worst amoung us keep on making the rest of us look bad and we turn our heads and allow it to happen. If we do not do a better job, as you said, our government will be happy to create another bureaucracy to do it for us. And no, we will not like it. Ask the mortgage industry how much they like the CFPB?

    • I see that happening sooner rather than later Christi the moment the Treasury Dept classifies a real estate transaction as one that requires consumer protection …

      And we may see regulation from the CFPB about offers and how they’ll prescribe a standard form they ahould be made on in writing.

  4. This broker could not care what happens in Canada Australia or Europe,remember the BREXIT, it is an example of how a people react when told what to do, too many times by a dictatorial government from afar,. eg.The Revolutionary War,so please, no more government, enough rules and regulations already,likewise nar and the lousy mls’s, please go away,the people are angry,go away!!!!!!!

  5. I am all for transparency, but I don’t think is going to be a break through for the Real Estate industry, at least not yet.

    As they don’t handle anything but showing the offer prices, a Realtor still needs to be involved on both sides. The seller could just as easily ask his agent to let everyone know what the offer prices are as they get offers, and they no longer really need

    Sellers do not want to do this unless someone can come out with some data saying there is an advantage to them of doing it. By letting all offers be seen, the buyer who was going to come in $20,000 over asking price now realizes they only need to come in at asking price to get the home, and the seller just like that has lost $20,000. Great benefit to the buyer, but not so great for the seller, and the seller is the one who has to decide to use this service.

    Other times there might be only one buyer, and he might start lowering his price if no one else shows up. I believe these are the reasons sellers do not instruct their agent to give away this information now. There is the risk the seller would get less money for their home.

  6. I believe the root cause of all this is the ridiculous compensation agents receive for their involvement in a transaction. The cheating and the dishonesty are symptoms of it. Time and time again, you see good people do bad things for lots of $$$ (much easier to keep your nose clean for a few thousands than a few tens of thousands…. ). It has also caused a great amount of people to turn to real estate, not for the love or the like of it, but simply for the money in it. It became transactional, and it also allowed a great majority to pursue it on a part time basis. It drifted so far away from its consultancy role, it somehow made
    It OK to cash in on $20,000 with a few days worth of work, propagating the need to maintain that pay day at all cost. This will most likey anger some folks, but like many, merely trying to get to the bottom of a huge industry issue. I just so happen to believe it’s the money.

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