THE MAKING OF A ‘CONSENSUAL’ TRANSACTION

by peterb on January 22, 2012

Think of a transaction, preferably a big one, that you had reservations about at the beginning, but came away feeling good about it.
Were you convinced in your own mind that your initial reservations were unfounded? Were you told that something you had never thought could be yours, could be? Were you pressured into entering into this transaction, because of what is known in sales as “fear of loss?”
We’ve already discussed how some of what columnist George Will referred to as consensual transactions might be something less than consensual, particularly for the buyer. We used the example of having to buy a refrigerator because yours broke down. Such a transaction is not as “consensual” as some might believe. The buyer doesn’t WANT to buy a fridge, he HAS to buy a fridge, whether he has the money or not.
Now, let’s look at the housing industry before and after 2008. The act of buying a house is usually a consensual transaction. Such transactions are anticipated eagerly by the buyer, and often just as eagerly by the seller. The job of the real estate agent is to find matches between buyers and sellers.
Then, there’s the issue of how the house will be paid for. If you can pay cash for the house, you’ve checked it out thoroughly and you like it, it’s a perfectly consensual transaction. The rub comes when the buyer has to get a mortgage. To get a mortgage, a buyer has to qualify for it. Also, the buyer has to choose from among several types of lending products one that best suits him.
Some buyers have great experience at this. Many of those are real estate investors. Usually, they choose the product that benefits them the most, and, usually, there’s no affordability issue.
The housing crash of 2008 was the result of wrong choices being made in mortgage lending products. We can discuss the whole chicken-and-egg argument about people buying too much house for their budget, people using their home equity as a piggy bank, people not foreseeing that they would lose their job and, as many argue, government policy encouraging home ownership: the American dream.
DREAMS THAT WERE SHATTERED
But dream is the key word here. The relationship between agent/lender and buyer, particularly an inexperienced buyer, is much like an adult vs. child. The buyers may be expecting to buy an average house to start, and trade up when they have more money to play with. The buyers may be entering the transaction with little or no down payment, expecting to have trouble qualifying for a loan.
Miraculously, the agent/seller, who wants nothing more than a sale, will tell the buyer he is qualified for a loan of a certain size, when he actually shouldn’t take on such debt. He may tell the buyer he can start with a low interest rate, and relatively low payments. Then, a few years later, the deal ends. He either has to pay a much higher interest rate, or refinance. In theory, he’ll be better able to afford the house by then, equity will have been built up and conditions would be just right to upgrade to a fixed rate – with more closing costs, bank fees etc. There goes much of the built-up equity, back to the lender.
In the years since 2008, those perfect conditions changed. Housing values plummeted. Once-secure jobs were lost. People owe more on their homes than they are now worth, and the banks, who were a catalyst in this tumult, either want their money or your house. (They don’t really want your house, but they’ll take it if you don’t have the money). Perhaps there are banks that will work to keep people in their homes, as opposed to collecting property, but, by and large, the buyer loses. Banks also lose, but, in most cases, are better able to absorb the loss.
Remember, the agent/seller was after one thing: a sale, with a commission. The risk involved with your debt probably has been sold to someone else. The agent/seller got paid for the transaction, and has no interest, for the most part, in your difficulties. How “consensual” is that transaction now?
Real consensual transactions occur when mutual interests are fully met and that happiness lasts. But, sellers sell dreams to buyers. The buyer ultimately doesn’t get what he thought he was buying. That fact that neither the seller nor the buyer had foreseen future trouble is of no consequence now. The rules of the American dream have changed.
Don’t let this situation discourage you from dreaming. Don’t let it take your general optimism about the future. If you visit www.bign.com/pbilodeau, it may encourage you to dream again, without ever getting your dream shattered.
Peter

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CONSENSUAL MARKET ACTIVITIES

by peterb on January 15, 2012

When you buy something, is it always something you want? Or, are you buying something because you have to.
Washington Post columnist George Will recently wrote about how government redistribution of assets, i.e. wealth, causes turmoil in society, including generational battles.
He referred to free-market transactions as consensual.
Let’s think about that analogy for a minute. It may not be fair to use sex as a comparable example – rape vs. consensual sex – but they are not totally dissimilar.
Let’s say your refrigerator dies. You HAVE to buy a new one. You can’t live for very long without one. Even if you “don’t have the money,” you have to buy a new refrigerator. Would you call that a consensual transaction? True, no one is holding a gun to your head forcing you to buy a refrigerator, but there is certainly a more consensual transaction you’d prefer with that money than buying the fridge. But, you have to do what you have to do.
Medical care is another one of those less-than-consensual transactions. You either buy, or die – or at least hurt. In the modern-day debate on lowering health care costs, we know this: keeping health care in the free market is what everyone, more or less, wants. But the cost of it must be reduced. Say what you’d like about the health care reform bill, but it is encouraging the medical private sector to change its ways so that costs are lowered. Health facilities are implementing technology and other cost-reducing procedures that may not have happened if the status quo were not affected by the legislation. It’s always better if the private sector reforms itself, but sometimes, the government can, and must, be a catalyst in encouraging those reforms.
Certainly, most private-market transactions are consensual. You buy that big-screen TV you wanted. The price almost doesn’t matter, if you want it badly enough. You, the buyer, have what you want and the store, manufacturer etc., have what they want – a sale. These are undoubtedly the transactions to which Will was referring.
But some of those big, important transactions are conducted reluctantly. There’s almost never reluctance on the sales side, but the buyer often is making that purchase under duress. Will calls taxation coercion, and few would disagree. After all, almost no one WANTS to pay taxes.
NECESSARY TAXES
We pay taxes for services we need – and want. We need the military, the police, the firefighters and even the teachers. We want the public swimming pool and other amenities taxes pay for. We understand that nothing comes free.
We also understand that we make some purchases under duress, whether we have the money or not. We don’t like it, but we live with it. We don’t see them as “consensual,” but we do what we have to.
The next time you buy a good or a service, think about it. Will you smile after the transaction? Will the transaction annoy you? Will you see it as good for YOU? Or, will you see it as good for the SELLER, and not nearly as good for you.
Presumably, after most consensual sex, both parties smile. When both parties smile after a market transaction, that’s considered consensual. Anything less than that is something other than consensual. How one describes it depends on one’s point of view. Here’s a perfectly consensual invitation: visit www.bign.com/pbilodeau. If you like what you see, great. If you don’t, no one or nothing will force a transaction upon you. If you don’t want to look, that’s OK, too.
If you have a little extra money, before you buy that big-screen TV you want, check to make sure your fridge, or other necessary appliances, have a good bit of life in them. You wouldn’t want to ruin a perfectly consensual transaction, would you?
Peter

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IT’S 2012: HAPPY NEW YEAR!

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CRIME, PUNISHMENT AND COST

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Victims of crime pay dearly when they are violated.
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‘THE WAY THINGS ARE’ CAN CHANGE VERY QUICKLY

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