Compare Enkasa Homes and Better Real Estate
For Buyers
For Buyers
For Buyers
Answer: Enkasa Homes is a buyer's real estate agent that offers savings to homebuyers while Better Real Estate is a referral fee network that enables broker-to-broker collusion with use of blanket referral agreements
Buying with Enkasa
Enkasa is a tech-enabled real estate broker and a residential remodeling construction management company. Enkasa’s services are paid through a Buyer Agent Commission (BAC) concession, typically offered by the seller’s agent to the buyer’s agent when a property is advertised on the MLS.
If a home buyer is already working with another agent, Enkasa’s Construction Managers can conduct a property consultation, review disclosures, and assess feasibility of your ideas for repairs or improvements.
Enkasa Pricing
Enkasa brokerage revenue comes from Buyer Agent Commissions (BAC) amounts offered by the sellers' agents. Enkasa’s Contractor Consultation costs between $299 and $1,299. For comparison, a Buyer Agent Commission (BAC) offered at 3% for a $4 million home (not uncommon in California) is about $120,000 without a negotiated buyer rebate. Enkasa rebates consultation service fees to any client who uses Enkasa to represent them as their agent in purchasing a home.
Listing Services
- MLS Listing
- Zillow, Trulia, etc. Listing
- Accept and Deliver All Offers and Counteroffers
- Hold Open Houses
- Professional Photography
- Professional Floor Plans
- Yard Signage Installation
- Spare Key Lock-box Installation
- Schedule Inspection Services
- Schedule Private Showings
- Closing Duties
Buyer's Agent Services
- Find the Property
- Accept and Deliver All Offers and Counteroffers
- Recommend Other Professionals
- Attend Inspection Services
- Schedule Private Showings
- Negotiate Needed Repairs
- Closing Duties
Enkasa Homes Editor's Review:
Enkasa is a California brokerage that operates under a DRE license #02155340. Enkasa claims that: "Buyers don’t pay Enkasa anything. We charge sellers industry-standard brokerage commissions." First of all, buyer agents never work for free. Second of all, there are no industry-standard brokerage commissions in real estate. All commissions are eventually paid by the buyer when s/he writes a check (or takes out the new mortgage) on a newly-purchased property. Sellers lose equity due to costs of listing commissions, but buyers pay all closing costs including the costs of buy-side commissions built into the final accepted offer on a home.
Buyers in reality pay for Enkasa’s services through a Buyer Agent Commission (BAC) concession, typically offered by the seller’s agent to the buyer’s agent when a property is advertised on the MLS. In California, where Enkasa is licensed, a buyer can negotiate a rebate from this "blanket" BAC amount to reduce the cost of commissions financially. This rebate is a tax-free, fully negotiable amount is that converts an "industry-standard" BAC commission into a competitive rate.
Enkasa further claims that "because we help you buy sooner, we’re more efficient than other brokers, so we don’t charge you any extra fees for helping you plan your home improvements." Sooner than what? This is an empty statement with an unfounded claim that choosing Enkasa somehow will allow a buyer to purchase a home faster. The costs associated with "helping buyers plan for home improvements" are simply bundled by Enkasa into the Buyer Agent Commission revenue it will receive at the closing.
In the real world, the home buyer can openly negotiate tens of thousands in tax-free rebates with highly competitive agents and often use that money to not just "help plan home improvements," but to renovate a home.
According to their website, Enkasa’s Contractor Consultation costs between $299 and $1,299. For comparison, a Buyer Agent Commission (BAC) offered at 3% for a $4 million home (not uncommon in California) is about $120,000. If a buyer is able to negotiate a buyer refund at 50% of BAC from a competitive and a highly-qualified agent, that refund amount adds up to $60,000 in tax-free cash due to the buyer from their agent after the closing of the transaction.
The United States Department of Justice has made it clear in the 2020 settlement agreement with the NAR that buyer agents do not work for free and to advertise services as such is a deceptive practice. Provided that Enkasa’s services can be unbundled, the best way I can describe the financial incentive offered by Enkasa is a credit of $1,299 for the "consultation service fee waived for any client who uses Enkasa to represent them as their agent in purchasing a home." In another word, if you are a home buyer looking for a $4 home in California with Enkasa as your buyer agent, their brokerage may receive about $120,000 in Buyer Agent Commission as a fee before they credit you $1,299 as a cash incentive, an equivalent of a 1% cash rebate where the 99% of the BAC is kept by the brokerage.
Consumers should further carefully read Enkasa Terms of Service, where, for example:
…You will only be permitted to pursue claims and seek relief against Enkasa on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and …
…You are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial on your claims…
… Enkasa provides services, including the transaction assistance, on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Enkasa does not provide any express or implied warranties, conditions, or representations regarding the services, including transaction assistance, or any information provided in connection with the services and Enkasa, its parents, subsidiaries, affiliates, officers, employees, contractors, agents, partners, suppliers, and licensors (collectively, the "Enkasa parties") disclaim any and all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Enkasa makes no guarantee that the services will function without interruption or errors…
…You acknowledge and agree that the Enkasa parties are not liable, and you will not seek to hold the Enkasa parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. Enkasa makes no warranty that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Enkasa makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability thereof…
In conclusion, the advertised premise where "Enkasa charges industry-standard agent commissions, so buyers and sellers don’t pay anything more than they would with other agents" is plain false. There are highly competitive agents who will compete for buyers’ with buyer agents rebates; there are no industry-standard agent commissions in California. In some states, such as Oregon, buyers cannot receive rebates due to anticompetitive state-specific rebate bans, but Enkasa is not a licensed broker in any of these ten states.
Because of such blatantly false advertising methods for services offered by Enkasa brokerage, this editor cannot possibly recommend them to any home buyer. The truth has a habit of revealing itself, and the deceptive advertising notions employed by Enkasa, as described in this review, should be enough to raise a common sense alarm for a savvy consumer.
The real estate industry likes to operate on false notions that "buyer agents work for free" and that "commissions are standard" because real estate brokers do not like to compete with each other on pricing. Yet the commission buyer rebate is the single largest line item for savings when buying a home. When shopping for a buyer agent, or a contractor, there are no gimmicks and there are no substitutes for open negotiations and multiple bids with clearly defined pricing schedules. There are no standard rates in the housing industry: everything is negotiable.
As always, we encourage consumers to post unbiased feedback about this business with any sentiment. If hiring this brokerage worked for you, or if it didn’t, other California consumers need to know.
Where does Enkasa Homes operate?
Buying and Selling with Better Real Estate
WARNING: Unlawful Kickbacks, Broker-to-Broker Collusion, False Marketing, Wire Fraud, Price Fixing.
Better Real Estate) is a broker-to-broker collusion scheme, where "partner agents" unlawfully agree to pay massive kickbacks to receive your information and engage in market allocation, consumer allocation, false advertising, unlawful kickbacks, wire fraud, and price-fixing practices in violation of, inter alia, 18 U.S.C. § 1346, 18 U.S.C. § 1343, 15 U.S.C. § 1, 15 U.S.C. § 45, 12 U.S.C. § 2607, 12 C.F.R. § 1024.14. As a consumer, you will always significantly overpay for Realtor commissions subject to hidden kickbacks and pay-to-play steering promoted in this scheme.
United States federal antitrust laws prohibit consumer allocation and blanket referral agreements between real estate companies.
Be smart; do not allow your information to be "sold as a lead" to a double-dealing Realtor in exchange for massive commission kickbacks paid from your future home sale, or your future home purchase.
Better Real Estate is a real estate broker and broker-to-broker collusion scheme designed to collect fees by matching consumers with local Realtors. Better Real Estate operates as a licensed real estate brokerage in a number of states, primarily in New York as BRE Services, LLC License #10991232130
When consumers submit information to Better Mortgage or Better Real Estate, this information is shared in exchange for an undisclosed fee with random real estate agents in a process known as a "blind match." In some instances Better Real Estate acts as an affiliate of Better Mortgage and may represent consumers directly, however, Better Mortgage and Better Real Estate services are unlawfully tied.
Better Real Estate Pricing
Better Real Estate revenue comes from buyer agent commissions and undisclosed referral fees from competing Realtors. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.
Better Real Estate pricing for buyer and seller representation is impossible to determine because broker services are unlawfully bundled with mortgage services where company's offers are available "to conforming loan product customers who have (a) entered a purchase contract on a home using the Better Real Estate Agent or Better Real estate Partner Agent; and (b) closed a mortgage loan on said home with Better Mortgage Corporation."
Listing Services
- This Service Does Not Represent Sellers
Buyer's Agent Services
- Find the Property
- Recommend Other Professionals
- Attend Inspection Services
- Schedule Private Showings
- Negotiate Needed Repairs
- Closing Duties
- Accept and Deliver All Offers and Counteroffers
Better Real Estate Editor's Review:
Better Real Estate is a licensed real estate broker and a broker collusion scheme that organizes and price-fixes services of competitors in exchange for hidden kickbacks it receives from the "partner agent" commissions.
Using its website, Better Real Estate engages in a process known as price fixing because it sets buyer rebates for independent real estate professionals (Better Real Estate Partner Agents) that have agreed to participate in the scheme. According to the Better.com website, "Purchase borrowers matched with a Better Real Estate Agent may receive $2,000 in lender credits and purchase borrowers matched with a Better Real Estate Partner Agent may receive up to 1% of the home sales price in lender credits." For purposes of the present discussion, brokerage fees are always negotiable and no broker should set rates and rebates for other brokers. Each firm should establish its own policy as to its fee structure and charges, amount of commissions, and rebates. Price fixing is prohibited by federal antitrust legislation. Individual agents must never discuss, or set rates with brokers outside of their own company.
By setting rates and rebates for a network of competing brokers across the United States, Better Real Estate operates with a sole purpose to collect referral fees, where such service effectively results in lower quality of service, pay-to-play bias, and a "blind match" with agents willing to participate.
The price fixed rates established by Better Real Estate scheme are severely inflated (for buyers, the buyer rebate is severely reduced) due to hidden kickbacks. Further, these same exact "partner agents" are in collusion with Better Real Estate, therefore, they are unethical and unlikely to provide any form of honest representation to homebuyers. Consumers using Better Real Estate "partner network" have zero control over what agents the company shares their information with. Instead of being "sold as leads" consumers looking for a competitive and fair representation can consider negotiating directly with real estate agents, or with help from unbiased consumer-focused online services that do not collect kickbacks.
Better.com Price-Fixing Harms Homebuyers
Better Real Estate offers a “discount” to consumers from a blanket referral fee earned, not from a commission earned. This is a form of price-fixing and is, effectively, a kickback derived from another kickback, instead of a legal buyer's rebate mechanism.
The true intention of Better Real Estate is to motivate the consumer to use the network with a “discount” tangled as a carrot, despite the massive disadvantages of a hidden referral fee. In such a scenario, the consumer ends up grossly overpaying for their buyer's agent commission due to the hidden kickbacks between the mortgage company and the brokerage in their referral network.
Better Real Estate Partner Agents do not compete with each other in the scheme on price and level of service – they are simply farmed out to consumers. In this price-fixing scheme, Better Real Estate is not involved in a transaction of the actual home purchase. Better Real Estate LLC does not produce any tangible service to the purchaser of a home, but it merely sets up a network of brokers for its own benefit – to siphon off a cut of the buyer’s agent commission.
More importantly, price-fixing is an unlawful practice, and every agent who participates with Better Real Estate is a participant in the scheme. Saving consumers from having to pay excessive brokerage fees can never be justified with price-fixing, especially in exchange for a financial gain between brokers.
Several laws combine to form the core of federal antitrust laws, but the Sherman Act is the primary piece of these regulations. Section 1 of the Sherman Act states: “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce … is declared to be illegal.” This means that (1) there must at least two parties agreeing to take action, and (2) the agreed-upon action must restrain free trade.
The parties in this case are Better Real Estate and any broker they refer a buyer to. These two independent parties are carrying out a common course of action by setting fixed commissions with the use of blanket referral agreements for mutual financial gain.
While Better Real Estate price fixes an arbitrary rate for all agents, such proposition becomes absurd when comparing home transactions worth $15 Million to home transactions worth $150,000 in different states, rural, or urban areas, variable market conditions, etc. Obviously, in some situations, consumers' interest maybe with the lowest fees, in other cases, consumers are looking for the most experienced agents, etc. Better Real Estate cannot account for these differences because the collusion scheme is not designed to deliver value, it is designed to lure consumers under a false premise for savings.
Better.com Kickbacks and Unearned Fees
Further, it is a per se violation of antitrust laws for brokers to set “standard” compensation that will be paid to other brokers. Referral fees amount paid to Better Real Estate are "blanket" fee agreements that do not comply with RESPA.
Real estate agents (only when they act in full brokerage capacity) may discuss or negotiate the referral fees concerning an individual transaction, but real estate professionals are not allowed to enter into “uniform” or “blanket” agreement on how a commission will be split, or a “standard” referral fee paid. The reason for this is exactly the premise behind the Better Real Estate scheme, where an organizer of a hub-and-spoke conspiracy steers consumers toward other brokers in exchange for a pre-arranged referral fees.
From this discussion, it becomes clear that quality and honest real estate professionals establish pricing for their services independently, and without any kickbacks. The truth is, every single agent is different, and every single agent has an individual commission structure.
The entire RESPA prohibition against kickbacks was enacted specifically to stop mortgage companies from entering into symbiotic relationships with real estate brokers. Better.com may seem like a clever by-pass of RESPA’s prohibition against kickbacks, but this loophole is built entirely on the use of blanket referral agreements between brokers designed to restrain free trade.
Better.com Tying of Services
Better Real Estate does offer brokerage services directly to consumers in some instances, but even then, these services are unlawfully tied into Better.com mortgage offerings. Better.com "savings offers" are "open to real estate agent referral customers who have (a) entered a purchase contract on a home using a real estate agent referred by Finche, LLC, dba BRE, Better Home Services and Better Real Estate; and (b) closed a mortgage loan on said home with Better Real Estate’s affiliated mortgage lender, Better Mortgage Corporation."
In this tying scheme, consumers are harmed by being forced to buy a fairly common service (mortgage origination service) to purchase a much more valuable service they want (buyer agent savings from a real estate brokerage transaction.) Consumers must be able to shop for mortgage origination services and real estate representation services independently. This tying agreement is further complicated with an unlawful price-fixing of services offered by competitors - Better Real Estate Partner Agents.
Why Better.com Colludes with Realtors?
The Realtor® commissions in the United States have long suffered from the "standard" 6% myth and the false notion that "buyer agents work for free." However, these myths cannot be resolved with price-fixing of commissions to some other level, in exchange for kickbacks. The Sherman Act imposes criminal penalties of up to $100 million for a corporation and $1 million for an individual, along with up to 10 years in prison. The actual damages are further trebled. No legitimate Realtor® will ever willingly allow themselves to be exposed to such massive liability.
The best, highly-experienced, well-educated, law-abiding, honest, and ethical Realtors® will never participate in price-fixing because it is a felony that carries massive penalties. The best Realtors® are able to recognize price fixing as wrong because they respect the true value of honest negotiations.
Better Real Estate buyer agent services and Better.com mortgage origination services are unlawfully tied. Better Real Estate engages in price fixing and consumer allocation with competitors. Why does this company do all this? This trend is a brazen new strategy used by a handful of VC-backed real estate companies, including Better.com, that are forced to deliver unreasonably high returns on billions of investments poured into them.
As of September 2021, Better.com has taken about $905 million in funding and suffers from a sky-high burn rate. To make up for this poor allocation of capital, commonly known as mega-rounds, Better.com uses a set of unlawful strategies to increase the gross revenue from mortgage origination services and real estate services by unlawfully bundling them.
The short answer is: Better Real Estate's intent to fix prices is directly tied into the massive kickbacks it receives from the "partner agents." This dynamic is archived by allocation of consumers to competitors and by the restraint of genuine competition. The "standard commissions" problem in the residential real estate sector can only be fixed legally by encouraging Realtors® to set and advertise competitive prices to consumers at scale without paying any kickbacks. All kickbacks taken by Better Real Estate are savings lost to consumers, funneled into the wrong bank account.