The Washington State Office of the Insurance Commissioner (OIC) released a report on the use of inducements and incentives by Title Insurance companies operating in Washington. The OIC’s investigation found a number of Title companies that use these methods to steer business to their respective companies. The beneficiaries of these inducements are, for the most part, real estate agents.
The full report can be found on the OIC’s website or clicking here (PDF). Under state law, companies may provide incentives up to $25 per person per year. The report found, however, that several companies routinely exceed this amount, sometimes by thousands of dollars. Unfortunately, per an OIC press release, the OIC will not pursue enforcement or punishment of the wrong doers. Instead, they will implement an educational campaign. I think that’s a wrong decision. Certainly, addressing the problems and educating Title company personnel is the right step forward, but blanket forgiving serious violators sends the wrong message. Without enforcement the rules are meaningless.
Fortunately, these types of inducements are also regulated and enforced on the federal level via the Real Estate Settlement Procedures Act (RESPA). RESPA has teeth and resources that the OIC lacks, so I would hope that they would look into the violations identified by the OIC and issue appropriate remedies.
The question, then, as an agent, have I benefited through such incentives and inducements? I have never received a kickback, a free lunch, a trip or tickets to a sporting event. But, there has been occassions where a title company representative provided bagels at a staff meeting or bought a cup of joe. In that respects, then, yes I’ve benefited, but they’ve been well under the $25 limit.
John L. Scott, along with a few other real estate companies share ownership in a title company, however, I do not include that company when providing clients a list of suggested title companies. When requested, I provide clients with recommendations for mortgage lenders, escrow and title services. However, I base my recommendations on the professionalism of those individuals, their knowledge and their ability to manage & close the transaction smoothly. That, to me, is far more valuable than a double tall mocha.
Kickbacks, rebates, incentives and inducements are serious issues in this industry. Violations increase negative perceptions which hurts the industry as a whole and provides unfair competition, especially when a few agents receive substantial subsidies at the expense of consumers. To that end, I support any steps that’ll clean up this practice.