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May 31, 2007

Bredesen Signs Anti-Consumer Ban on Real Estate Rebates

tnflag.jpgTennessee Gov. Phil Bredesen has signed into law legislation that reinstates a ban on real estate agents offering cash rebates for home sales and other real estate transactions - even though such a ban likely violates federal law. The Tennessean reports:

The bill signed late Wednesday reverses a decision made earlier this month by state regulators to repeal the ban under pressure from the U.S. Department of Justice.

Many flat-fee and discount real estate brokerages use rebates to reduce their commissions, which are set by home sellers. Justice Department lawyers have challenged cash rebate bans in several states, saying the bans hinder competition among agents.
Consumer advocates and federal antitrust officials argued against the legislation.

One way this law probably violates federal law: it interferes with and regulates interstate commerce, as many real estate transactions involve homes bought in Tennessee by buyers from other states. The U.S. constitution forbids states from regulating or interfering with interstate commerce.

Why would Bredesen sign this? It is anti-competitive, anti-consumer and anti-freedom. Were full-fee realtors a big source of his 2006 campaign contributions?


Comments

I've (loosely) followed this legislation with disgust. I would imagine there are campaign contributions involved; it's unfathomable that it became law because somebody thought it would be good for the people of the state of Tennessee. We really need to hold the legislature accountable for the laws that they vote on, particularly those shills who pass a piece of legislation that benefits only their "paid sponsors" at the expense of everybody else in the state.

Posted by: Michael Chaney at May 31, 2007 5:33 PM

There are ways of getting around that. Real estate agents already bestow gifts on buyers after closing. Mine brought me a porch swing, an expensive floral arrangement, and other stuff.

Posted by: Donna Locke at June 1, 2007 10:38 PM
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