Compare Aalto and Tomo
For Buyers
For Buyers
Answer: Aalto is a listing real estate agent that offers savings to home sellers while Tomo is a referral fee network that enables broker-to-broker collusion with use of blanket referral agreements
Selling with Aalto
Aalto is a California savings tech-enabled broker (California DRE 02062727) that offers consumers listing savings for select areas around San Francisco Bay Area. Aalto claims that it does not list homes on the MLS (and, subsequently, these homes are not shown on MLS aggregators, such as Zillow, Trulia, etc. or on the competing brokers’ websites such as Redfin.) During our research, however, we found that at least several listings are listed by Aalto agents on the MLS, making it unclear why the brokerage lists some homes on MLS and not others, or how the brokerage complies with local MLS rules.
Listing homes off-MLS has potential disadvantages to home sellers. Buyers are systematically searching open MLS listings for new homes, which is the whole reason why MLS exists. Selling a home off-MLS (also known as pocket listings) is a conflicting practice because, naturally, it excludes a large number of potential buyers from looking at sellers’ homes.
If a property is not listed on the MLS, the listing agent or brokerage is more likely to represent the buyer, a situation that is often defined by state law as “dual agency” representation. Dual agency must typically be disclosed, and it’s up to buyers and sellers whether they want to engage in a dual agency transaction. Some sellers don’t mind getting less money if they can sell a home privately, but statistically speaking, there are little to no advantages to listing homes off-MLS.
Aalto Pricing
Aalto offers savings to sellers (1% listing fee). Aalto does not advertise buyer’s refunds and does not offer consumers buyer representation services. Instead, Aalto claims to connect potential home buyers to “partner agents,” likely receiving 25% to 35% as a kickback from the Buyer Agent Commissions (BAC.) Aalto likely keeps the entire Buyer’s Agent Commission when it represents home buyers, but sellers can determine what buy-side commission they offer (normally 2.5%). In the event Aalto acts as a dual agent, the total fee it likely receives is 3.5% (1% listing fee plus 2.5% BAC)
Listing Services
- Off-MLS Listing
- Pocket Listing
- Accept and Deliver All Offers and Counteroffers
- Hold Open Houses
- Professional Photography
- Yard Signage Installation
- Spare Key Lock-box Installation
- Schedule Inspection Services
- Schedule Private Showings
- Closing Duties
Buyer's Agent Services
- This Service Does Not Represent Buyers
Aalto Editor's Review:
Aalto is a tech-enabled listing real estate agent that represents consumers in select areas of Northern California and offers sizeable savings (1% listing rate against 3% listing commission, excluding BAC) to sellers. Aalto's service includes posting home on their website as an off-MLS listing, professional photos, and 3D images in addition to some typical services offered by a traditional real estate agent. It is unclear if and how many open houses Aalto agents typically hold.
Overall, Aalto offers a questionable off-MLS proposition to sellers, and the company does not openly advertise any savings and tangible services to buyers (other than a blanket buyer agent referral.)
Aalto argues that pocket listings are perfectly legal and serve the needs of many sellers in today's residential markets, against opponents who raise open market, fiduciary duty, and fair housing concerns.
Pocket listings (also known as "quiet" or "off-market" listings) involve the practice of withholding residential listing data from multiple listing service (MLS) systems. Instead, the property is marketed by Aalto brokerage using its website, to existing clients, and new prospects that happen to look there. The practice typically proliferates when market conditions include low inventories, low mortgage rates, and rising home prices. In hot market conditions, home sellers may receive enough buyer offers to outweigh the effects of the limited exposure of their homes on the open market.
Opponents of the practice argue that sellers may be disserved by pocket listings since MLS systems provide the widest possible market exposure and thus produce the highest possible selling prices. They also assert that pocket listings harm the effectiveness of the MLS cooperative brokerage system, skew MLS listings-based data that support accurate property valuations, and beg the question of whether agents may be utilizing narrowed marketing methods to collect the full available brokerage commission instead of soliciting purchase offers through cooperating brokers.
Proponents of the practice say that there are many reasons why sellers may not want to engage in the traditional practice of listing their properties on an MLS. For example, pocket listings are sometimes used to market high-end luxury homes whose owners have no interest in allowing showings to the general public and want the property marketed to those who have realistic means of purchasing it.
Other sellers may have privacy or security concerns about listing properties on widely broadcast MLSs or publishing interior photos of the property. Pocket listing proponents also argue that the MLS, which publishes the number of days a property has been on the market, can disadvantage owners who experience failed transactions due to complications that have nothing to do with the fair market price of the property.
Both supporters and critics generally agree that pocket listings are not illegal, per se. Real estate licensing laws, which vary among jurisdictions, may dictate the specific form of written listing agreement that must be used by licensees, the point at which it must be executed and/or require that certain brokerage relationships and other types of disclosures be included in the agreement. But the manner in which the property is to be marketed, and for what amount and form of brokerage commission, are matters that are generally left to be negotiated by the listing licensee and the seller.
A pocket listing policy subjects Aalto to accusations that they put their own interest in collecting a commission for both "sides" of a transaction ahead of the seller's interests in obtaining the highest possible sale price. Aalto keeps the entire Buyer’s Agent Commission when it acts as a dual agent, but sellers are able to determine what buy-side commission they offer (normally 2.5%). In effect, whenever a buyer is unrepresented, Aalto's total commission is likely 3.5% and not 1% as advertised. According to Aalto, "You are advised that a dual agency relationship may arise if an Aalto Advisor represents both you and a buyer of a property. If a dual agency relationship arises, the terms of such dual representation will be subject to a separate written agreement between you and your Aalto Advisor."
Other critics question whether sellers are being provided with disclosures that fully explain the potential disadvantages of narrowed marketing efforts. Regardless of those issues, it is fairly clear that real estate brokerage relationships, disclosures, advertising, conflicts of interest, and other licensing law strictures may raise serious issues with off-MLS practices.
Aalto further claims to operate a "marketplace" for homeowners. "Aalto's homeowner marketplace connects sellers to qualified buyers, saving you time, stress, and money." Aalto is not a marketplace, but a listing real estate agent with a website. Unlike MLS aggregators, Aalto does not display listings from other brokerages, and, therefore, lacks the networks effects required to deliver a full marketplace experience. Aalto is one of the millions of real estate agents in the United States.
Aalto's proposition is different from a typical listing agent by the mere fact that the listing addresses are hidden. "It is free to get started on Aalto" further makes for a very odd proposition, where it is free to get a listing started with any real estate broker.
"Prior to opening a home for showings through Aalto, sharing your property’s address through Aalto, or receiving the contact information of interested Buyers, a Seller must enter into a written agreement for real estate brokerage services between such Seller and Aalto," in another word, listing a home on Aalto is not free. Real estate brokers never work for free, and sellers' information will be shown only after they sign a listing agreement.
"Sellers start with Aalto earlier than traditional real estate, widening the time frame for homes to be on the market. That means more homes, sooner" is another odd proposition without any basis to substantiate the claim. Buyers browsing homes on Aalto have highly limited information about these properties, numbered at a fraction, of a fraction, of a fraction, of all homes available on the MLS.
"The Partner Agent Program is covered by the Partner Agent Terms of Service. Aalto is not responsible for the work performed or the services provided by any individual in connection with the Partner Agent Program." As a consumer, you will always overpay for broker commissions subject to hidden kickbacks and pay-to-play steering promoted in Aalto referral scheme to an unknown number of buyer agents. United States federal antitrust laws prohibit consumer allocation and blanket referral agreements between real estate companies. Homebuyers should avoid their information being "sold as a lead" between brokers in exchange for hidden commission kickbacks paid from the future home purchase administered by the Aalto Partner Agent Program.
We find no solid evidence that Aalto offers home sellers any advantages to sell homes for higher amounts, in fact, the opposite is much more likely. By withholding listings from the MLS, home sellers are likely missing out on the vast majority of tangible offers from the bulk of the home buyers and their respective buyer agents.
At the same time, some home sellers may decide for themselves that the off-MLS approach is worth the added risk and limited exposure for individual reasons. Aalto does save home sellers equity by offering a 1% listing rate against a 3% listing rate (this rate does not include 2.5% BAC typically offered at 2.5% to the buyer agent.)
Homebuyers should avoid Aalto Partner Agent Program due to hidden kickbacks and consumer allocation between licensed brokers. A homebuyer can easily negotiate a buyer refund on the open market with a licensed real estate broker in California - a fact that Aalto brokerage is silent on. Buyer refunds can save homebuyers tens of thousands in tax-free cash because the refund comes from the estimated 2.5% BAC proceeds received by the buyer agent.
Geodoma editorial staff remains overall neutral on the subject with a 3 out of 5-star rating for Aalto: we can neither recommend Aalto nor suggest that sellers refrain from using the brokerage to list their homes off-MLS.
As always, we encourage our users to post helpful and independent reviews about this business with any sentiment. With a controversial proposition such as Aalto, consumer feedback becomes incredibly valuable information to other consumers. Geodoma encourages users to post helpful, relevant, and reliable consumer reviews, but users are ultimately responsible for the quality of the content.
Where does Aalto operate?
Buying with Tomo Brokerage
WARNING: Unlawful Kickbacks, Broker-to-Broker Collusion, False Marketing, Wire Fraud, Price Fixing.
Tomo) 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.
Tomo Brokerage is a paper brokerage that operates a consumer allocation and a price fixing scheme designed to collect hidden referral fees by matching consumers with local real estate agents willing to pay it. Tomo Brokerage operates under a Texas TREC License #9010749 issued to Tomo Brokerage, Inc., but it does not produce any services that are typically offered by real estate agents and does not represent consumers when buying or selling real estate in any State.
In exchange for matching consumers with an Tomo Brokerage Partner Agent, Tomo Brokerage is compensated by the Partner Agent with a hidden kickback, likely 25%-35% cut of their commission. The company partnered with real estate coach Tom Ferry to build out their collusion scheme with a network of independent agents across multiple states.
Tomo Brokerage Pricing
Tomo Brokerage revenue comes from the use of blanket referral agreements with random real estate brokers. Tomo Brokerage is a broker-to-broker collusion scheme that scrubs consumers' information from their mortgage operations and passes it along to a colluding broker who is willing to pay for it with a cut of their commission. Tomo Brokerage’s blanket referral agreements effectively operate on a longstanding myth that buyer agents work for free. In reality, a homebuyer can negotiate a sizable commission refund with a competitive buyer agent in 40 US states from the Buyer’s Agent Commission (typically offered at 2.5%-3% BAC) received.
Tomo Brokerage, in effect, operates as a price-fixing scheme that converts a small portion of the kickback they receive into "perks." Tomo dangles these "perks" as carrots in front of consumers, currently fixed at an interest rate set discount at 0.125% if customers use a Tomo Brokerage Partner Agent. These “perks” savings, in reality, are dismal, compared to thousands in kickbacks received by Tomo for the act of pay-to-play steering. In this scheme, consumers end up giving up an opportunity to receive massive amounts of cash rebates (thousands or tens of thousands depending on the overall home price) available to them in the open market from highly competitive agents who offer in legitimate tax-free buyer’s cash refunds to compete for homebuyers’ business.
Listing Services
- This Service Does Not Represent Sellers
Buyer's Agent Services
- This Service Does Not Represent Buyers
Tomo Editor's Review:
Tomo claims to be a different consumer-focused company, but in reality, it is in of the worst VC-backed real estate pay-to-play consumer steering schemes. For consumers, Tomo Brokerage promises a real estate agent “concierge” platform for top local real estate agents. By gathering consumers’ home preferences and budgets while shopping for a mortgage with Tomo Mortgage, Tomo Brokerage scrubs users’ information and feeds it into their limited pay-to-play network of real estate brokers. According to Tomo's website Privacy Policy, they sell consumers’ information to any number of other services. This pay-to-play dynamic is unlikely to represent the consumer’s best options. Whoever pays Tomo some form of kickbacks, in effect, is who they pass consumers’ information to:
“In some circumstances, we share your information with third parties not owned by or co-branded with Tomo Mortgage that benefit directly from our sharing your information with them.”
Tomo Mortgage may even sell consumers’ information to competing lenders:
“Third-party lenders. If Tomo Mortgage cannot finance your home, we may share your personal information with one of our partner lenders.”
Tomo further may attempt to sell consumers’ information to random home insurance companies:
“Home insurance agencies. If your real estate transaction is such that you may need homeowners insurance, we may share your information with homeowners insurance agencies and those agencies may reach out to you directly to offer you a quote.”
For real estate professionals, Tomo Brokerage promises a “no upfront costs” lead generation by scrubbing consumers’ information when they shop for their mortgage. Once a potential homebuyer is identified, a Tomo Brokerage initiates a transfer to the Partner Agent. Tomo Brokerage representatives give Partner Agents all the background information on the homebuyer to make the transition.
In other words, Tomo Brokerage is a consumer allocation scheme between licensed real estate brokers that scrubs consumer’s information and passes it along to a broker who is willing to pay for it with a cut of their commission. If a broker is unwilling to give a portion of their commission to Tomo Brokerage, the company has no interest in recommending them. Tomo Brokerage further takes no responsibility for any of the actions of the brokers that they allocate to consumers.
In effect, Tomo Brokerage is a self-serving scheme designed to funnel consumers toward brokers who pay them a hidden kickback at the close of consumers’ transactions. Consumers using Tomo Brokerage have zero control over what agents the company shares their information with. Instead of being scrubbed and 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.
Tomo attempts to present this pay-to-play scheme differently:
"Tomo Brokerage only works with Partner Agents that meet its high standards of customer-centric service, and they have to be experts in the areas you want to live in. They help you hone in your search criteria, find great homes, negotiate a great deal, and navigate the entire process. They can also help you identify qualified professionals to put the finishing touches on your new home."
These claims are entirely false. Tomo Brokerage only works with brokers who pay them kickbacks. These agents engage in consumer allocation with Tomo Brokerage. The act of consumer allocation between licensed brokers is a prohibited practice in the United States, by the virtue of the Sherman Antitrust Act. Tomo Brokerage Partner Agents are unlikely to have consumers' best interests, and, because they have to pay a kickback, they do not earn their full commissions. In effect, these agents work for consumers half the time, and for Tomo, the other half.
Even considering the overall dishonesty, kickbacks, and legal implications of the scheme, a consumer can technically still use Tomo Mortgage and freely negotiate a competitive buyer refund elsewhere on the open market with any agent.
There are honest and competitive buyer agents who are willing to share a cut of their commissions with consumers, as a legitimate way to earn business, rather than paying hidden kickbacks to Tomo Brokerage. Tomo Mortgage does not require consumers to use Tomo Brokerage, but it instead dangles an interest rate discount (set at 0.125%) so that homebuyers think that there are savings available to them. Tomo Brokerage's hidden kickbacks cost consumers thousands in properly negotiated fees while funneling hidden fees back into the scheme itself. These hidden kickbacks, eventually, reside in consumers’ mortgages and collect interest.
Price Fixing with Tomo Perks
Broker compensation fees must never be fixed via agreements between two or more brokers anywhere in the United States. All commissions and rebates must be set by each real estate agent individually and may only be negotiable between the consumer and the real estate agent. Buyer agents never work for free.
Genuine 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. If an agent is unwilling to negotiate competitive buyer rebate terms in compliance with the law, there is no reason for homebuyers to assume that they will be willing to negotiate competitively when it comes to their home purchase.
In combination, Tomo Mortgage and Tomo Brokerage terms equate to price fixing rates of independent real estate professionals who do not work for either one of these entities. Price fixing between independent business entities is a felony everywhere in the United States.
Tomo Perks Terms and ConditionsSubject to the following terms and conditions, customers who buy a home with Tomo Mortgage and a Tomo Brokerage Partner Agent qualify for Tomo Perks, which lowers their mortgage interest rate by 0.125%:
Tomo Brokerage Partner Agent. The customer must be party to a fully executed home purchase contract that identifies a Tomo Brokerage Partner Agent as their real estate agent, and Tomo Brokerage must have a record of referring the customer to the Partner Agent.
Tomo. The customer must purchase the home referenced above using a mortgage loan from Tomo with a loan amount of at least $150,000.
Rate Lock. The Tomo Perks interest rate reduction will be applied when the customer locks in their interest rate.
Modification. Tomo may modify the terms of Tomo Perks, but when it does so they will be modified only for customers who entered into purchase contracts after the date the program terms were modified.
Consumer Allocation
Tomo Brokerage is a broker-to-broker collusion scheme. All Partner Agents agree to pay Tomo Brokerage a pre-arranged referral fee, on all closed transactions, through their employing broker. A referral agreement between Tomo Brokerage and a Partner Agent for a random transaction that may or may not happen sometime in the future is executed in advance.
Tomo Brokerage engages in consumer and market allocation agreements with Partner Agents brokerages, because it is a broker itself. Instead of representing consumers to help buy and sell homes, this “paper” brokerage actively disengages from its licensed activities so that every Partner Agent knows that Tomo Brokerage, Inc. will not compete with them. Tomo Brokerage does not act in a real estate brokerage capacity, instead, their real estate license is used to collect a blanket referral fee from the largest number of brokers possible.
Sherman Antitrust Act effectively requires all active real estate brokers to proactively compete for consumers. An agreement or an understanding between brokers not to compete for a mutual benefit is a "per se" violation of antitrust regulations in the United States.
The amount of a referral fee between brokers must be negotiated with respect to an individual transaction. It is a per se violation of the Sherman Antitrust Act for real estate brokers to agree on a “standard” referral fee that will be paid for producing a client. Real estate professionals are not allowed to enter into blanket referral agreements between one another because such agreements always restrict free trade.
Brokers are not allowed to organize their operations into any collusion schemes and networks, and instead, all brokers must compete for consumers on a fair playing field. Legitimate agents who choose NOT to engage in the Tomo Brokerage “no upfront costs” scheme are harmed as well because consumers are steered away from them in a highly competitive real estate market.
Kickbacks and Unearned Fees
RESPA, among other things, is designed to prohibit abusive practices such as kickbacks and referral fees between mortgage companies and real estate brokers.
The statutory exemption for a payment to a cooperative brokerage and referral arrangements between real estate agents and real estate brokers requires all agents to compete against one another. To comply in good faith with RESPA (12 U.S.C. 2607) Section 8 exception for cooperative brokerage and referral arrangements, legitimate real estate agents must render referral agreements in a particular instance for a particular transaction.
Actions of Tomo Brokerage “paper” brokerage directly increase the costs of owning homes in the United States due to added blanket referral fees, consumer allocation practices, price fixing, and reverse completion between brokers. Partner Agents in the scheme have no incentive to compete for consumers individually with lower fees, instead, they have an incentive to compete for Tomo Brokerage’ attention. In this scheme, both colluding parties benefit from offering consumers higher commissions. Tomo Brokerage promotes Partner Agents as somehow “superior” to those outside of the network, thus limiting free-market competitive forces and steering consumers in self-interest toward a network of very few agents who chose to agree to participate in the scheme.
Similar attempts to by-pass RESPA prohibition against kickbacks by means operating a paper brokerage in a combination with services of a mortgage broker are not new. Similar schemes include:
Blend and Blend Brokerage
Better.com and Better Real Estate
HomeStory and a number of third-party lenders
Rocket Mortgage and Rocket Homes
loanDepot and mellohome
Nationstar Mortgage (dba Mr. Cooper) and Xome
and possibly some others. CFPB is currently investigating at least one of these schemes, Rocket Homes, and consumers must exercise great care to protect themselves in the meantime. A real estate home purchase is one of the most important transactions and it must be free from hidden kickbacks and self-steering.
In the real world, Tomo Mortgage and Tomo Brokerage are a single company, both designed and built with massive VC capital to rake hidden fees, by-pass RESPA, collude with independent brokers for a cut of their commissions, and openly price-fix services of others.
The entire RESPA prohibition against kickbacks was enacted specifically to stop mortgage companies from entering into “symbiotic relationships” with real estate brokers. Tomo Brokerage 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.
As an active licensed brokerage, Tomo Brokerage owes absolutely no duty of care to consumers, takes no responsibility for the transaction, and does not help consumers to buy homes - all despite receiving a direct financial benefit from the home purchase completed by the homebuyer.