Compare Enkasa Homes and Opendoor Brokerage
For Sellers
For Buyers
For Buyers
Answer: Enkasa Homes is a buyer's real estate agent that offers savings to homebuyers while Opendoor Brokerage 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 Opendoor Brokerage
WARNING: Unlawful Kickbacks, Broker-to-Broker Collusion, False Marketing, Wire Fraud, Price Fixing.
Opendoor Brokerage) 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.
Opendoor is a multi-state VC-backed real estate investor that operates across highly specific locations. Where available, Opendoor offers cash to sellers for homogeneous homes built after 1960 with a value between $125,000 and $500,000. Opendoor is the parent company of several real estate brokerages, including Opendoor Brokerage Inc., Opendoor Brokerage LLC, and Opendoor Texas Brokerage LLC (the “Opendoor Brokerages”).
Opendoor Brokerage is a referral fee network designed to collect fees by matching consumers with local real estate agents willing to pay it. Opendoor Brokerage operates as a licensed real estate brokerage in California under BRE License 02061130, and Texas under TREC License 9008105, but neither broker 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.
When consumers submit information to Opendoor Brokerage, this information is simply sold in exchange for an undisclosed fee with real estate agents in a process known as a “blind match.”
Opendoor Brokerage Pricing
Opendoor Brokerage revenue comes from undisclosed referral fees. Referral fees set by such networks range anywhere between 30%-40% of the entire agent’s commission. According to the company, "Opendoor Agent Partners only pay a referral fee to our brokerage if they close on a transaction with a referred seller or buyer. The fee is a percentage of the agent's commission, and averages 1% of property sale price unless otherwise noted in agent partner agreement."
Listing Services
- This Service Does Not Represent Sellers
Buyer's Agent Services
- This Service Does Not Represent Buyers
Opendoor Brokerage Editor's Review:
Using its website, Opendoor Brokerage engages in a process known as price fixing because it sets rebates for independent real estate professionals using the network.
Opendoor Brokerage refers consumers to third-party agents that can represent them in home purchase or sale (“Opendoor Partner Agent”) and requires buyer’s agents to offer certain discounts or promotions contingent upon working with the referred consumers.
Opendoor Brokerage receives a referral fee, around 1% of the home price, likely 30%-40% of Partner Agent's entire commission when referring consumers to list or buy a home with an Opendoor Partner Agent. Opendoor Brokerage requires Opendoor Partner Agents to offer 1% of the purchase price to buyers at closing in the form of a commission rebate. The amount is subject to a minimum buyer’s agent commission to Opendoor Partner Agents of $3,000, which means it is calculated as the lesser of either 1% of the price of the property consumer buys, or Opendoor Partner Agent’s commission minus $3,000. According to Opendoor Brokerage, this amount may be prohibited or reduced on the basis of the purchase type (e.g., short sale), lender requirements, loan type (e.g. FHA, VA), or the law.
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.
"Agent Partners only pay a referral fee to our brokerage if they close on a transaction with a referred seller or buyer. The fee is a percentage of the agent’s commission, and averages 1% of property sale price unless otherwise noted in agent partner agreement. Opendoor Agent Partners are eligible to receive both buyer and seller referrals. Actual volume by referral type may vary over time. The Opendoor Agent Partner program is a broker-to-broker client referral partnership and is supplemental to your existing brokerage affiliation." Source: Opendoor Brokerage website.
By setting buyer's rebates for other brokers across many regions in the United States, Opendoor Brokerage 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.
With Opendoor Brokerage consumers have zero control over what agents the company shares their information with. Opendoor Brokerage simply subjects a real estate transaction with an additional referral fee that is equal to 1% of the home price. This fee is paid directly by the Opendoor Agent Partner to Opendoor Brokerage for failing to deliver a seamless consumer selling experience. Remember, Opendoor claims to offer consumers to buy homes directly as a revolutionary approach to home selling, instead, it systematically sells inquiries that it is unable to meet to random Opendoor Agent Partners for a fee.
Consumers can expect to significantly overpay for the transaction in the form of a higher commission with Opendoor Agent Partners. Even after consumers take into account a price-fixed amount in commission rebate, Opendoor Agent Partner is still required to pay a sizable referral fee, which means that same agent is able to offer a much better rate when approached directly.
For sellers, Opendoor Brokerage does not currently price fix listing rates, so consumers are likely to be referred to an agent who charges the highest commission possible - a "standard" 6% listing rate. There is little incentive for Opendoor Brokerage to connect consumers with the best and most competitive listing agents. Instead, Opendoor Brokerage aims to receive the highest referral fee possible by steering consumers toward a very limited set of agents who have a signed Referral Fee Agreement with Opendoor Brokerage.
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 referral fees.