Compare UpNest and Effective Agents
For Sellers
For Sellers
For Buyers
For Buyers
Answer: Both UpNest and Effective Agents function as a referral fee network that enables broker-to-broker collusion with use of blanket referral agreements.
Buying and Selling with UpNest
WARNING: Unlawful Kickbacks, Broker-to-Broker Collusion, False Marketing, Wire Fraud, Price Fixing.
UpNest) 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.
UpNest works as a referral fee network that collects pricing and services data from a limited pool of Referred Agents and sends it to consumers as non-binding proposals. UpNest operates as a licensed real estate brokerage in California under BRE License # 01928572, 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.
When consumers submit information to UpNest, this information is simply sold to real estate agents who are willing to pay for it with a 30% share of their commission. If an Agent does not want to pay a referral fee, the consumer will not see any proposals from them using the UpNest platform.
UpNest claims to provide savings, but consumers are likely to overpay for their Referred Agent's commission due to added mandatory 30% referral fee.
UpNest Pricing
UpNest revenue comes from referral fees and sale of user data.
Listing Services
- This Service Does Not Represent Sellers
Buyer's Agent Services
- This Service Does Not Represent Buyers
UpNest Editor's Review:
UpNest is a referral fee network in business to collect fees for matching brokers with consumers. Referral fees are highly disadvantageous for real estate consumers because these are hidden and not negotiated. One of the major expenses for real estate consumers, when buying or selling a home, is real estate service fees and closing costs associated with the purchase, or sale.
Service fees and closing costs are, for the most part, a necessary expense. Real estate agents significantly help home buyers and sellers to navigate a complicated and competitive real estate process in exchange for a legitimate commission as a reward. Other closing fees usually include required services such as property appraisals, inspections, title insurance, etc. – all in some way help to legitimize the sale and to manage risk. There can be much said with regards to managing closing costs by choosing a motivated competitive agent who is willing to offer a buyer’s refund or a competitive listing rate.
On the other hand, while claiming it saves money to consumers, UpNest simply adds referral fees into already a fee-ridden process – consumers experience false and fabricated savings in this model. In economics, this process is known as reverse competition.
The platform works with a limited pool of Referral Agents willing to pay a very significant part of their commission to UpNest. This referral fee is back-loaded into Referred Agent's agreement, instead of being handed to the consumer directly. The consumer technically does not pay UpNest, but he/she ends up with a higher cost of commissions when working with their Referred Agent. UpNest is not a free platform, these fees are simply hidden.
Let's say a real estate consumer, James, wants to hire a buyer’s agent in one of the States that allow buyer's rebates when buying a median-priced home for $250,000. A local competitive buyer’s agent, Jill, offers James a 50% buyer's refund while helping him in this process. This is a typical refund Jill is able to organically negotiate with all her customers. The estimated commission refund, in this case, is $3,750 paid back to James from Jill in a form of buyer's refund, assuming a 3% Buyer’s Agent Commission.
On the other hand, James also receives non-binding proposals using UpNest platform from Referred Agents with a 30% referral fee attached to the back of every proposal. When James is faced with these types of proposals, results are quite different. Firmly assuming that the profit margins and service offerings remain the same for Jill and Referral Agents using UpNest, any possible buyer's refund offered by Referral Agents must be reduced to account for the UpNest referral fees. The referral fee in this scenario estimated at $1,125 due to UpNest from a Referral Agent. With the profit margin fixed, the estimated commission refund a Referral Agent may offer to James is now only $2,625.
James just effectively “paid” UpNest $1,125 for a service that is supposed to be “free”.
One reason the amount of savings may ever be matched by Referred Agents versus Jill's competitive savings is due to broker-to-broker pricing collusion - if Referral Agent is willing to reduce their fee beyond market rates to compensate UpNest out of their own pocket, which is highly unlikely and unreasonable to assume.
Because referral fees are pre-set between UpNest and Referral Agents in advance, the cost of the referral has to be eventually be paid by the real estate consumer.
The reason we give UpNest a low score is due to exigent fees and the way these fees are structured. UpNest plays down fees to consumers, it states directly that the service is 100% free, but then it rigidly locks every Referred Agent into an added cost. The vast majority of competitive agents refuse to play this game and UpNest simply steers consumers toward a limited pay-to-play network. As a licensed real estate agent that doesn't perform any real estate services, or takes any responsibility for the transaction, it's not entirely clear how this process works under the Business and Professions Code.
Should real estate agents distribute "bids" of other agents for a fee? If one to say that the 30% fee is indeed necessary, why not structure it as an actual service fee that is properly charged, instead of having to be back-loaded into Referral Agent's agreement? The answer is simple – if UpNest was to charge Agents for its service directly, no Agent would ever sign-up. Agents only sign-up with UpNest because the price of the referral fee can be easily incorporated into their client's agreement.
UpNest clearly doesn't provide any tangible value to the real estate consumers as a licensed real estate agent. UpNest further audits all transactions because it needs to find out how much money real estate agents receive in commissions, inevitably collecting private details of consumer’s agreement for home purchase or sale.
This effect is known as a “blind” match. Truly competitive agents who offer great savings to consumers can never use UpNest. For example, a highly competitive flat fee listing service has a set competitive price – they would never be able to pay 30% of this amount to a third-party. UpNest 30% referral fee only works is with services who are “silent” on their commission – if a client comes directly to an agent, one price is given, if a client uses UpNest, another price is in play. We strongly believe that real estate consumers looking to buy or sell a home should always use 0% referral fee platforms in order to avoid paying a higher cost in commissions.
By using UpNest, consumers further encourage pay-to-play referral fee bias to thrive in a broken real estate industry.
Where does UpNest operate?
Buying and Selling with Effective Agents
WARNING: Unlawful Kickbacks, Broker-to-Broker Collusion, False Marketing, Wire Fraud, Price Fixing.
Effective Agents) 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.
Effective Agents is a broker-to-broker collusion scheme that allocates home buyers and home sellers to colluding Realtors through a "shell" real estate entity. When consumers submit information on the Effective Agents website, this information is sold in exchange for an undisclosed fee with real estate agents in a process known as a pay-to-play steering and a "blind match." Acuity Real Estate Services, LLC is a "shell" real estate broker in Florida that unlawfully allocates consumers with various Realtors affiliated with Coldwell Banker, Sotheby's International, Berkshire Hathaway HS, Weichert, Keller Williams, Re/Max, and many more.
Effective Agents Pricing
Effective Agents fees come from hidden kickbacks, set at 35% of the gross commission received by a network of colluding Realtors.
Listing Services
- This Service Does Not Represent Sellers
Buyer's Agent Services
- This Service Does Not Represent Buyers
Effective Agents Editor's Review:
Acuity Real Estate Services, LLC (dba EffectiveAgents, EffectiveAgents.com) is a licensed real estate firm in the State of Florida License No. CQ1030412 operates as a "shell" broker to collect an undisclosed referral fee, set at 35% from the gross commissions, paid by all colluding Realtors in the network. This fee is inevitably passed down to consumers in a form of inflated real estate commissions when selling or buying any home.
More importantly, Effective Agents is an active licensed real estate entity that does not engage in actual real estate broker services. Effective Agents systematically applies pay-to-play bias towards all Realtor matching results, meaning, only Realtors that have agreed to collude and pay a referral fee are matched with consumers.
Realtors only sign-up with Effective Agents because the price of the referral fee can be easily incorporated into their client's agreement with excessive commissions.
Effective Agents receives a low Editor's rating because this service is a biased hub-and-spoke broker-to-broker collusion scam, that falsely claims to provide an independent and unbiased service of matching consumers with agents.
Effective Agents operates on a pay-to-play methodology to collect junk fees that needlessly make home buying and selling more expensive. In this scheme, consumers are no longer in the driver's seat, but instead, are traded as a commodity between licensed brokers.
Effective Agents plays junk fees down, claiming that the service is "free" "unbiased" and "no obligation" to consumers, but it rigidly locks every participating Realtor into a kickback attached to the back-end of every agreement that restrains free trade. As a licensed real estate entity that doesn’t perform any real estate services or take any responsibility for the transaction, this scheme operates to unlawfully allocate consumers and bypass RESPA anti-kickback regulations through a "shell" entity. Effective Agents scam operates on a false notion that all buyer agent and listing agents commissions are the same, where no Realtor in the Effective Agents scheme competes for consumers on pricing.
Effective Agents claims that we had analyzed "over 1.5 Million real estate agents working at over 86,000 brokerages in every corner of the USA." This is a flat-out lie to suggest to consumers that an unbiased match is made across the board, however, only "partner agents" who have agreed to collude with Effective Agents to pay a 35% kickback are matched with consumers. The entire Effective Agents website is filled with similarly false claims such as that an "algorithm matches you with three top-performing Realtors we believe that the combination of making a data-driven choice." None of this is true, starting with the fact that ALL Effective Agents' "partner agents" are double-dealing dishonest professionals, to begin with.
Consumer brokering is an act of selling information of potential home buyers and home sellers (paid referrals) between real estate brokers, in exchange for a cut of a broker’s commission. Brokers on each side of the adopted scheme, cause direct damage to the real estate representation market with reverse competition, anticompetitive market allocation, price-fixing, lack of competition, limited choices to consumers, unnecessary high commissions, and improperly negotiated fees. A referring broker in this scheme does not compete with referred brokers, instead, Effective Agents administers a series of agreements that restrain free trade, disguised as Realtor matching services.
12 C.F.R. § 1024.14(g)(1)(v) (Regulation X) and RESPA 12 U.S.C. § 2607(c)(3) narrowly allow payments pursuant to cooperative brokerage and referral arrangements between real estate agents and real estate brokers. This limited exemption on kickbacks only applies to fee divisions within real estate brokerage arrangements when all parties are acting in a real estate brokerage capacity. Effective Agents shell entity does not act in a brokerage capacity, in fact, this entity willfully chooses to disengage from offering real estate representation services to consumers, as the core premise to create successful collusion through interstate wire communication to further the scheme. Wire fraud is financial fraud involving the use of any telecommunications or information technology.
Real estate transaction is a rare, high-value, and high-risk-aversion experience that is easily subjected to unlawful kickbacks, especially with the use of the Internet. Consumers are often subjected to high commissions and hidden referral fees without a full understanding that these fees increase their commissions and result in a lower quality of service. Whenever any double-dealing Realtor agrees to pay these massive kickbacks, he or she is unable to offer full and competitive representation services to anyone. Effective Agents does not cater to honest Realtors, it only caters to Realtors willing to cheat their clients out of full services, and willing to share private information about their clients' transactions with the scheme.
Effective Agents antitrust and consumer protection violations are not harmless. Realtors who attempt to compete for consumers on fair terms and competitive pricing are at a massive disadvantage in this environment. As a result of broker-to-broker collusion, consumers end up getting steered toward a limited pool of dishonest Realtors and overpay for commissions. Consumers’ private transaction information is always shared with a referring broker that requires it to be disclosed to calculate the referral fees to be paid at the close of each transaction.
Consumers, of course, pay for this abuse with higher costs of commissions that, eventually, make it directly into their new mortgages and cause significant losses of net equity from a home sale.
A typical broker-to-broker collusion scheme often attempts to fool consumers with heavily advertised campaigns on Google, Nextdoor, Facebook, or local radio and TV. Such a false ad might read: "Unbiased. Get Data-Driven Results. Our Agents Can Get You the Best Deals. Sign Up Now! Save Time & Hassle and Get Matched to the Perfect Agent for Your Needs. Find Quality Realtors. Top Agent Rankings. Personalized & Fast. 100% Free. Top 1% of Real Estate Agents Compete to Sell Your Home. No Obligation. Save Thousands."
In reality, all such "matches" are 100% biased, pay-to-play collusion steering mechanisms between licensed brokers, and they all cost consumers tens of thousands compared to open market savings. These "paper" brokers do not connect consumers with anyone outside the network, in fact, they specifically steer consumers into the network in exchange for massive kickbacks pre-negotiated in advance.
There are numerous reasons why consumers are wise to avoid the Effective Agents scheme, but probably the most important reason is that the lack of transparency and honesty is contagious. Effective Agents scheme attracts ONLY double-dealing Realtors who are willing to break a host of federal antitrust laws, and unwilling to compete for consumers with transparency. An unethical Realtor will always find a way to turn the most important transaction into a self-dealing proposition - to collect a bigger commission check faster without any regard for what is truly a good deal for their clients.
Why Does Effective Agents Engage in Collusion?
Effective Agents engages in consumer allocation because it is an active real estate entity that refuses to compete with other real estate agents who patriciate in the scheme. This dynamic is better known as a hub-and-spoke conspiracy. In a hub-and-spoke type conspiracy, all Realtor commissions are set at the same amount for all Realtors, where none of the "partner agents" compete with one another on pricing at all. Effective Agents scheme produces absolutely no tangible service as a licensed broker to anyone and instead delivers inflated prices and lower quality of service. The scheme originates as a conspiracy to restrain trade and to funnel consumers toward the scheme and away from the open market. There are hundreds of thousands of highly competitive Realtors who offer great savings and great service, and they refuse to pay kickbacks or collude with Effective Agents shell brokerage.
The illicit 35% kickback is the reason why Effective Agents colludes with Realtors outside their firm. ALL consumers and ALL legitimate Realtors are scammed by Effective Agents, even if the experience may seem "good enough" because collusion is a faulty shortcut to genuine open competition between Realtors. Federal laws require all Realtors to compete for consumers and to deliver a tangible service, a simple test Acuity Real Estate Services entity decisively fails. Open competition is at the core of our free and independent society everywhere in America.
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." Effective Agents is a direct extension of these uncompetitive, unethical, and unlawful notions. ALL Realtors who participate in the Effective Agents scheme are engaged in plain collusion, where each Realtor knows that Acuity Real Estate Services shell brokerage will not compete at all, in exchange for a blanket kickback from the home sale or a home purchase. 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 for each count. Persons found guilty of wire fraud under federal law face fines up to $250,000 for individuals and up to $500,000 for organizations, subject to imprisonment of not more than 20 years. There are additional penalties of 30 years imprisonment and a million-dollar fine if the wire fraud involves a financial institution. These penalties are per count, which means that each electronic communication can be considered as a separate count. 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 collusion because it is a felony that carries massive penalties. The best Realtors can recognize collusion as wrong because they respect the true value of honest negotiations.
When Effective Agents refuses to compete with these brokers and instead organizes "partner agents" into a network, it breaks an entire host of basic open commerce principles that guide our open and fair markets. Moreover, Effective Agents extends this conspiracy all across the United States via its website, making the scheme highly damaging due to the scaled use of the Internet to transmit collusion. The Internet, like any other scaled telecommunications medium, can be used to transmit open competition just as easily as pay-to-play fraud.
Most consumers do not know that Acuity Real Estate Services, LLC is a licensed real estate brokerage in Florida because the nature of the scam requires this information to be deliberately hidden. Effective Agent scam is built entirely on false advertising to deliberately deceive consumers. This shell broker presents itself as an unbiased marketplace, but it is a real estate broker that engages in unlawful activities under federal laws. The short answer is: Effective Agents's intent to allocate consumers as a secret real estate shell entity is directly tied into the kickbacks it receives from the "partner agents." This dynamic is a product of 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.