|Received:||September 26, 2005|
The items that I am presenting are from 2001 and 2002.I presented my observations in my letter dated August 16th 2001 to my local Realtor Association's Executive Officer, Lisa Gurski. Ms. Gurski forwarded my comments to Stever Hoover Chairman of a newly created PAG on Buyer Representation in her email dated April 5, 2002.I believe Mr. Hoover is from the National Association of Realtors. Ms. Gurski, within her letter states that there is resistance by some brokers and agents to the concept of buyer representation in addition to some inadequacies in the National Associations Code of Ethics. She goes on further to say that He (Jim Bourgoin) has met with many of the frustrations and resistance common to buyer agents across the country. This resistance and the ongoing interference from listing agents have not only harmed my business but it put the buyers that I represented in the situation of paying for my services outside of the transaction unless I agreed to accept the amount the listing agent published within the local MLS system. Ms. Gurski, in her position as Executive Officer, has traveled over the years to EO conventions to several locations in the nation. At these conventions she has indicated to me that other EOs expressed the same resistance and interference from their respective association members towards other Buyer Agents. Please be advised the association gave me no response to these issues nor did the PAG chaired by Steve Hoover, nor did the FAR and nor did the NAR. I am hoping and praying that the DOJ and the FTC will work through the issues at hand as the current code of ethics only protects the members who take listings. My question is how can another member or for that matter an association create a rule that mandates a member can control the compensation another member charges its client?