Tied Selling in Real Estate


  • Are your hands being tied as a house buyer?

    So you think you have found the perfect house. From what you have seen online it is the "forever house" the two of you have always talked about.  After contacting the real estate agent that has it listed and going to see it you know it's right.  You sit down to crunch some serious numbers. It will be tight over the next few years but doable.  After running all the numbers and budgeting your costs to sell, including $1,500 for your PropertyGuys.com listing you decide that you will make the leap.  

    You contact the agent to tell them your intentions to put in an offer conditional upon sale of your home.  This is when the house of cards comes tumbling down.  You are told that not only do you have to list the home with an agent but that it also has to be within this agent`s office.

    As you go through a range of emotions from anger to panic to fear you wonder is this even legal?
    Here is what the Competition Act has to say about Tied Selling:
    “tied selling” means(a) any practice whereby a supplier of a product, as a condition of supplying the product (the "tying" product) to a customer, requires that customer to(i) acquire any other product from the supplier or the supplier’s nominee...
     Why would the competition act be the place where this is addressed? Great question!  You see when someone ties you to a specific product what they are in turn doing is limiting your options in the market and forcing you to pay their price.  This snuffs out the opportunity for another company to offer you a newer or cheaper or more efficient or ground breaking product or service.  The act of tied selling costs you, the buyer.

    If you come across this situation as you are searching for houses in the market make sure that the real estate agent you are dealing with knows that they cannot force this type of condition on you and that you would be interested in knowing why this type of Tied Selling is even in the agreement.  No doubt you will hear some mumbo jumbo about how they need to know you are serious about selling your home and that you have to do everything in your power to sell it blah blah blah.

    The quick and easy response to this is to plainly say that by adding $15,000 to your selling price works against not only his client's best interest but also the laws of economics.

    Have a story where you were pushed into this type of situation?  Please, share some details with us.

    M

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