From MarketWatch:

Buyer’s recourse

There’s a big, annoying ad campaign for a popular insurance company where the punch line of every commercial is “I saved a bundle on my car insurance.”

If people actually behaved like the actors in the commercials, you might soon hear some of your friends and neighbors saying “I saved a bunch on my real estate commissions.” And after that it could be “I saved a bundle on my financial planning.”

The proof may have come last week, when the Justice Department reached a tentative settlement with the National Association of Realtors that essentially forced traditional real estate brokers to give Internet-based agents access to home-listing information that they had previously been denied.

Online real estate agents often charge discounted commission fees and let buyers review listings at their own pace, but for years those Internet-based brokers in many parts of the country could not access more than 800 Multiple Listing Services nationwide affiliated with the national Realtors group. An MLS is a database of regional properties for sale.

The traditional argument against opening the MLS system to online brokers was that it would result in a significant cut in commissions for traditional real estate agents. Indeed, that’s precisely what government officials wanted.

In the fall of 2005, government lawyers filed suit against the national Realtors group, saying that the lack of access amounted to discrimination against online brokers. Last week’s settlement, filed in Chicago, opens the listings databases to traditional and online property agents, which should effectively allow brokers to decide exactly how they want to compete in the marketplace.
Last year, the Justice Department and Federal Trade Commission found that home buyers and sellers were missing out on the kinds of cost savings and benefits that consumers in other businesses have reaped as a result of Internet technology. The main stumbling block was perceived to be the access issue.

Whether the settlement — which is likely to take effect in late summer or early fall, 60 days after final approval, and which will be in place for 10 years — actually gets the job done and lowers commissions remains to be seen.

In Delaware, for example, the two listings services — including one that extends into southern New Jersey and eastern Pennsylvania — never barred access to online agents, so long as those brokers were properly licensed.

That schism is where consumers can potentially make some money. In a real estate market that has significantly slowed in most parts of the country, there’s nothing wrong with demanding the services you need, and paying only for what you use. Rather than lose your business — something a broker might have done a few years back when they were flush with clients — you may find that you can get both traditional and online agents to give you the best of both worlds.