Compare Orchard and Tomo
For Sellers
For Buyers
Answer: Orchard is a full-service real estate agent and a stand-in cash program for buyers that offers savings to homebuyers and home sellers while Tomo is a referral fee network that enables broker-to-broker collusion with use of blanket referral agreements
Buying and Selling with Orchard
2022 Editor’s Score Update: Orchard (formerly known as Perch) is a VC-backed real estate company headquartered in NY that has recently pivoted (changed their business model) from what used to be an iBuyer to what is now a bridge loan Fintech-assisted home buying and home selling.
This is a positive business model change that has organically improved the Editor’s score for Orchard on Geodoma platform with an updated Editor’s review for this business. The archived version of the previous Editor’s review for Orchard is available here. Geodoma Editor’s Score is adaptable to businesses in the US housing sector either improve or degrade their service offerings to consumers. An organic imporvment in Geodoma Editor’s score is a sign of companies’ willingness to improve their practices. When companies improve their practices, Geodoma Editor’s Score organically follows.
Geodoma Users’ Reviews for Orchard are published in accordance with Consumer Review Fairness Act and fair marketing and advertising principles. Geodoma never removes legitimate Users’ Reviews posted by consumers. However, we recommend that consumers reference newer Users’ Reviews posted. Some older Users’ Reviews for Orchard posted by consumers may no longer reflect upon Orchard’s current real estate and Fintech bridge loan services.
Orchard Pricing
Orchard primarily makes money with real estate commissions, but also with a difference between buying and selling each home when a home seller accepts a Guaranteed Offer. Sellers can expect to receive 80%-85% of their home value from Guaranteed Offer type of sale after any fees, cost of the minor repairs, and resale. As a Fintech-enabled Listing Realtor, Orchard Realty charges Move First fee (the same as List with Orchard fee) at 5% to 6% of your home sale (where Orchard acts as a dual agent and collects the 3% listing fee plus the 3% BAC Buyer Agent Commission.). Buy with Orchard fee is paid from the BAC Buyer Agent Commission typically offered via MLS at 2.5% to 3% to buyer agents. When acting as a buyer agent, Orchard does not offer any rebates from the BAC amount it receives, but the service includes Orchard's cash-backed offer as an added value (when compared to buying the same home with another buyer agent who does not offer rebates to buyers.)
Listing Services
- MLS Listing
- Zillow, Trulia, etc. Listing
- Accept and Deliver All Offers and Counteroffers
- Hold Open Houses
- Professional Floor Plans
- Yard Signage Installation
- Spare Key Lock-box Installation
- Schedule Inspection Services
- Schedule Private Showings
- Closing Duties
- Professional Photography
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
Orchard Editor's Review:
Move First and Home Listing Services
Orchard Brokerage offers home sellers a Fintech-enabled buy before listing Move First bridge loan option in certain areas where it operates. This program is potentially a value-added service for consumers where a home seller can list their home for sale after they buy another home and move into a new property. This program is not free, and home sellers must be aware of program specifics to fully understand if this is the right option for your case. The Editor's review examines the program based on the cost vs benefit, as well as the available alternatives to home sellers.
The one critical difference in this program is that Orchard offers two separate (and business-wise unrelated) services to home sellers as “tied” into a single offering: (1) service of a real estate listing agent and (2) service to produce a bridge loan between two mortgages.
This tied notion is important because it directly affects the home selling fees associated with using Orchard compared to an alternative real estate service that may offer home sellers lower costs of real estate commissions and/or an alternative Fintech-enabled bridge loan program that may offer an untied bridge loan on better terms. Home selling fees (Realtor commissions) are the biggest single line-item expense in real estate transactions.
For example, let’s examine the 6% commission rate currently advertised for Move First service (if Orchard acts as a dual agent and collects the 3% listing fee plus the 3% BAC Buyer Agent Commission.) On a $4 million home sale, the total 6% gross commissions taken by Orchard amounts to $240,000. This is the amount of equity a home seller would need to convert into fees to pay Orchard for their service, and a buyer to pay for out of his/her new mortgage sum. How Orchard advertises these fees becomes very important in a competitive real estate market where competing Realtors may offer much lower listing fees or similar fees for very different services rendered.
For a home seller, it is important to shop for listing broker commissions because of the significant difference between net equity and total equity left after a home sale. The bank does not care how much in fees are lost during a sale, only homeowners’ net equity is lost in transaction fees. Remember, every dollar in net equity from a home sale is paid for with years of mortgage interest, insurance, taxes, and other life-cycle costs.
Buyer Agent Services
For home buyers, Orchard offers the services of a buyer agent supported by cash-backed offers. This bridge loan program is not free for buyers, it is a product of high interest in a short period, paid for with fees. In Orchard’s case, these fees are BAC Buyer Agent Commissions offered on MLS. However, unlike cash iBuyers that drain equity, the premise of a bridge loan cash leverage is to improve the outcome of the real estate transaction with a more reliable offer made by the home buyer, backed by rapid access to someone else’s cash. This distinction allows a buyer to use Orchard’s VC cash vault to secure a home purchase on better terms.
The purpose of the cash-backed offers benefits the home buyer, but this program also places the home buyer into an agreement with Orchard where the home buyer may face fees and penalties for backing out of the deal, as well as limited acceptance into the loan program based on home buyers’ financial standing, location, home value, and other situational requirements, etc. Orchard does not currently publish specifics for these terms anywhere, and it does not disclose the acceptance rate into the program. This is not a regular loan product, thus it largely remains a black box. It should be noted, however, that this is a universal issue with any similar Fintech bridge loan product because the program must assume that a home buyer is able (and likely) to secure a mortgage.
The home buyer pays for the bridge loan product because it is coupled with the Buyer Agent Commission (BAC) that Orchard receives from the home purchase. This amount is offered on MLS, typically at 2.5% to 3% of the home sale price. Some of Orchard’s competitors offer rebates from this BAC amount as a way to compete for home buyers' business. For example, on a $4 million home purchase, Orchard Brokerage receives about $100,000 as a Buyer Agent Commission (BAC) amount. If a competing brokerage offers a home buyer on that same sale, a 50% rebate that is a $50,000 tax-free cash in the home buyer’s bank account (this is typically subject to lender approval and only in 40 US States and Washington DC. Ten (10) US States currently maintain anticompetitive state bans on buyer rebates.) This potential cash rebate is the opportunity benefit that a home buyer gives up to use Orchard Brokerage to represent them with a bridge loan program. Is the buyer rebate better or is the bridge loan better? This is up to each home buyer to decide, but either one of these options holds an inherent value.
Guaranteed Offer
Orchard was born as an iBuyer, but the company has since shifted its business model to a Fintech-enabled Realtor. iBuyers systematically make below-market offers to home sellers, at about 80% of the true open market value when adding together the lower priced offers and the exigent fees.
For example, Orchard claims that their fees to take the Guaranteed Offer is 7% of the home value, but that does not include the hidden fees of below-market offers made to home sellers. Orchard Guaranteed Offer may seem like a good idea to a home seller, but it is probably the worst equity drain there is. Remember, a mortgage company does not care how a home seller sells their home – they receive the same remaining mortgage sum amount regardless if a home seller has lost 20% of their equity or 2% of their equity in real estate transaction fees. A 20% loss in total equity easily translates into 90% of net equity the home seller has in their home. Transaction fees in real estate are often hidden from home sellers because they are paid out from the mortgage sum, but this money is very real when it comes to the remaining net equity after the sale.
iBuying suffers from “double transaction” costs and ultra-high risks of buying and reselling a home on the open market. iBuying is systematically the most expensive way to transfer ownership of real estate in the United States. The best way for consumers to transfer real estate is on the open market, subject to competitive commissions and fees.
When Orchard Brokerage acts as a home sellers’ primary listing agent and a representative, it creates a conflict of interest by offering their client an offer on their home that the company knows is below the market price. By tying the service of a self-serving iBuyer and a service of a Realtor into a single proposition is a serious conflict. Selling directly to Orchard should be the sellers’ last resort option. Even Orchard itself admits that this program is a statistical UX failure where 95% of their customers do not choose to sell to Orchard. Orchard claims that the Guaranteed Offer helps to protect the seller, but the true cost of accepting a below-market iBuyer option makes their claims statistically unsupported. Either way, a consumer would need to hire another Realtor to help them evaluate the Guaranteed Offer from an unbiased perspective, where Orchard Brokerage cannot be trusted to make such determination in self-interest. iBuyers do not have a duty to represent home sellers, they only have to represent their balance sheets and shareholders.
Neutral Rating for Orchard
Geodoma Editor’s rating for Orchard is Neutral. First of all, Neutral is not a bad rating on Geodoma - it is Neutral. The main aspects of the Orchard services offer added value to consumers as a Fintech-enabled real estate brokerage, a bridge loan, and an inclusive home listing repairs and home staging Concierge. At the same time, some of the Orchard practices should give consumers a pause to think.
Orchard has already made a great effort to primarily switch their model from an equity-drain product of an iBuyer to use VC cash as leverage to help consumers, which means that the company is willing to improve its services. As always, Orchard’s customers are encouraged to share personal feedback as the ultimate gauge of service and value with any sentiment.
Where does Orchard 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.