Friday, May 30, 2008

A Lesson in Private Property Rights

Look, it's not that they don't mean well. The courts really are trying. But the fact is that most judges do not understand how private property rights protect consumers. They consistently err on the side of "access for consumers" to data or markets, instead of protecting the incentives for providers to create that data or market in the first place.

To what do I refer? Glad you asked. Recently, the National Association of Realtors settled an antitrust suit with the Justice Department, agreeing to allow the government to strip its property rights in the name of "protecting the consumer". Seems that the multiple listing services the Realtors maintain were, in some markets, restricting access by unaffiliated Realtors to MLS data. The access is now to be granted to anyone, decision effective end of the summer.

Who created the data? The Realtors did. Who has the right to sell the data to whomever he pleases? No one, apparently. Is this going to result in lower commissions for Realtors? Possibly. Is this going to result in lower fees paid by buyers and sellers? Not likely.

Why? Here's the lesson: markets and repositories of data and other goods and services are created by Party A for one reason - to make a profit. The more that profit is protected, the more reason a party has to believe that his rights to the good or service will be protected by law, the more likely he is to create value by providing additional goods and services, and the more likely others are to start competitive enterprises to get some of the pie for themselves. If, however, there is no expectation that profit can be maintained or maximized, because by government whim property rights can be voided or involuntarily transferred, then creation will lessen and eventually disappear.

An example: you decide to open a lemonade stand. You buy the lemons, squeeze them, sugar the juice, get cups and ice and a cash box, and a small stand. You set up shop, and business is brisk. There are, however, customers that cannot come to your stand because they live too far away. You look at the profit in selling to them and decide that it doesn't make sense to service those people, because the transportation costs are too high. Along comes the government and says, no, not only do you have to service these people, you have to service them at the same price you charge everyone else. This will, the government says, lower the cost of the service for these people. Otherwise it isn't fair.

What do you do? Well, there are three options. One, you can continue to charge the same price and just lose money (in which case you are a hobbyist or a philanthropist, but not a businessman) or two, you can go out of business, or three, you can raise your prices for everyone, so that you can make the profit you were making before. Since option one is only available to a small number of people, the vast majority of us will choose options 2 or 3, which raises the cost of the lemonade for everyone (in the case of option 2, it raises it to infinity, since the lemonade isn't available at all at any price), exactly the opposite of what the government intended.

Government, and especially the court system, seems to view property rights as outmoded, as being unworthy of protection (except, of course, for movies and music), and even as restrictions on trade and competition. In effect, with most antitrust suits, the government is telling us that if it weren't for these pesky property rights, our costs would be lower and competition would flourish. In actuality, the reverse is true. As the kite falls when the "restricting" string is cut, so competition and choice disappear when the government fails to protect the rights of producers to the thing they produce. The string actually supports the kite, giving it resistance against which to rise with the wind. Property rights allow producers to have confidence that their work will be valuable. It is property rights that create competition, and the stronger those rights are, the better and more robust the competition will be, and the better the choice and the cost for the consumer.

This ruling, like so many, many others, ignores basic economics and property rights. It's bad for practically everyone.

Shocker.

P.S. For a brilliant exposition of this, see anything written by Hernando DeSoto, or try this book.

Friday, May 02, 2008

Why Rate Watch?

Some have asked why I started sending out a Rate Watch email every morning. As if getting up at 5:30am were a pleasant thing (actually, if you try it, you find that it is, but that's another column for another day). Allow me to explain.

There are two reasons that come to mind immediately. The first one is selfish - I do this because it sets me apart from the other billion or so mortgage guys in the industry. I actually understand how the market works, and the products it produces. I understand how everything from the weather to CNBC reporting influences the mortgage rate you pay. No, I'm no prophet, and I can't always forecast accurately which direction rates are headed. I'm a tracker, not Nostradamus. But I know the landscape and I can help anyone with a mortgage, or anyone that works with people in real estate, save money on mortgage interest. It does little good to be that kind of professional if people don't know about it, and as usual in business, if you want people to know something about you, you have to tell them. Hence Rate Watch.

But the second reason is a better one, and that is that it's good for my clients. There are a dozen examples of clients of ours that scored an interest rate on their mortgage several ticks below the general market because of this service. We got together early, figured out what rate would make sense for them either for a purchase or for a refinance, and then we Watched until the rate came into play. And we locked it. Many on this list got a call at 3:50pm on a Friday, with an alert to lock. 90% of the loan officers I know have quit for the week an hour or so before that, but we're still in the saddle because it makes a difference to us what happens to our friends. Since we only do business by referral, everyone we work with is a friend, so we watch rates for every one of our clients.

You can get this kind of service, too. It's very simple. We need to have half an hour of conversation (okay, sometimes an hour to get the whole picture) to figure out what you want to do and the best way to do it. Then we get you on the Watch Sheet, and you not only get this email every day the market is open, but you also get a phone call when we reach your target and we have another five minute conversation to make sure we're still doing the right thing. It might take a year to hit the target you want. But if it saves you $30,000 in interest, wouldn't that be worth it? Especially since, let's be fair, you're not doing much of the work here. :-)

I sincerely want to have this conversation with as many people as possible. I didn't start in mortgages, I started in financial services, and I run my business differently than other lenders. What if, I thought, you could take the consultative practices of stockbrokers and attorneys and mate it with the pay-for-performance of the lending industry (so no hourly fees, and no paying just for advice)? You'd have something powerful and different. Welcome to the Chris Jones Group.

So if all you do is read these posts, we're glad you're here and we're happy to see you forever, especially if you like us and tell others about us. But if you really want the Full Monty, so to speak, you really owe it to yourself to send an email to chris@thechrisjonesgroup.com and let's start a conversation. There's so much more than just this blog. Don't miss out on the real power of Rate Watch.

Oh, right. The MARKETS. That's the point of this whole thing, isn't it. Well, folks, earnings season is over (better than expected), nonfarm payrolls lost only 20,000 jobs last month (better than expected), and the Fed is finished cutting interest rates, it appears. This is good news. It's Friday, it's May, and everywhere except Utah, where we had half an inch of snow on my tulips yesterday, Spring is in the air. Ice is off the Jordanelle and the trout are hitting everything in sight. And Charlie's Pit Barbecue just opened three doors down. Life is good.

Which means bonds are getting shelled, and rates are rising, but it's just too hard right now to be much disappointed about that, especially since the damage seems fairly minor. 30-year rates are splitting the gap at 6-6.125% (for 20% equity, 700 credit, and a job); FHA rates are lower by about .25%, and far fewer restrictions apply. We're going to lose some ground today, so if you're sitting on a rate, expect a call.

Have a great Friday. I'm buying.

Cj
www.thechrisjonesgroup.com

P.S. Spread the word. If you like this, and find it useful, pass it on. It would mean a lot to me.

P.P.S. I especially want to welcome today Renee Ferjo, my favorite California Realtor, whose email address I just reacquired. If you're buying or selling a home in or near Rancho Palos Verdes, go to www.reneeferjo.com. I promise, you won't be disappointed.