Realtors Save You Money - In More Ways Than One!
Posted by Ron Ogden at Dwell Utah on Friday, April 3rd, 2009 at 2:34pm.Recently the Utah Title & Escrow Commission passed a ruling requiring minimum fees for escrow services related to buying and selling a home in Utah. While in the past, typical fees ranged from $150 to $200 per transaction, the new required fees vary based on the sale price of the home and range from $150 to $350 per transaction.
Why Minimum Escrow Fees?
For years, the Utah Code has required Title Companies to charge no less than their cost for Escrow Services they provide to consumers. These services include coordinating with lenders, Realtors, home buyers and home sellers, preparing paperwork related to the purchase or sale of a home (including preparing deeds and other legal documents), recording these documents with the county clerk when the transaction is complete, and disbursing funds.
In addition to these services, Title companies also issue title insurance on real estate properties that are being sold. The state has long felt that these two businesses, though they go hand in hand, should not subsidize each other-hence the law requiring that fees for escrow services cannot be below cost.
Unfortunately, the Title & Escrow Commission recently took a slightly different spin on this law, and established minimum fees for these services to ensure that the Title Companies stay profitable. Wait! What happened to market competition?
Realtors Take Action
Realtors were among the first to be notified of this ruling change and it did not take them long to respond. Concerned about this unjustified, yet mandatory increase in the cost of buying or selling a home, Realtors began flooding the Utah Department of Insurance with phone calls complaining about the new ruling. Soon, Utah State Senator John Valentine joined the discussion and proposed legislation to overturn the ruling. As a result, in the recently completed legislative session, the Title & Escrow Commission's ruling was rescinded.
Fair Is Fair
Because Title Companies are regulated in so many ways regarding the Title Insurance portion of their business, they deserve a level playing field when it comes to pricing their Escrow services. Large companies could easily price their escrow services below cost and through uncompetitive behavior drive smaller competitors out of the market. A law to not allow below-cost pricing resolves this problem. That's just fair.
But the State should not artificially prop-up the fees that Title Companies charge for escrow services to ensure that these companies stay profitiable. That's not fair. Fees should be market-driven, and if some companies cannot remain profitable at fair maket prices, then they should exit the business. What we don't need is another public bailout of private companies!
As Realtors, we strive to provide the promise of homeownership to the widest group of families and individuals as possible. We do this everyday with our clients, and we do this locally and nationally through our advocacy. This is just another example of how Realtors work for you!
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