This system of listing a price to 'get people in the door' and then igniting a bidding war makes it impossible for anyone to shop for a house except for realtors who are 'in the know' and can tell you the real price based on listing.
You're attacking basic supply and demand here. Let's say I set a list price and then figure out I could have asked for more...you want to legally bind me to sell for less than what the free market is willing to offer? Where does this stop? Should we ban speculative investments as a whole?
That's the usual dynamic in Belgium.
What usually happens though, is that you determine an estimated FMV (eFMV) based on recently sold properties in the neighborhood that are similar in size. Experienced realtors are usually quite good at this. You can add a factor to the eFMV to get your list price. As a seller, in the worst case, you may have to drop your list price to your eFMV. Best case, you get a nice bonus. When there are multiple bidders around your eFMV, but under listing, you have some leverage to get a higher bid. Let's assume your eFMV is 850K. "Look, I have a bid of 850k. You're at 825k. My list price is 900K, but if you bid 875k now, it's yours guaranteed." It looks like a steal in the buyers eyes ("25k below list price!") and you get a nice 25k bonus over the eFMV.
As a buyer, this silent "list price is always accepted" rule, gives you the ability to properly filter properties because the list price functions as a cap. This saves both buyer and seller time because you're not chasing unreachable properties. You can also get a realtor to get your own estimated FMV for the property that looks interesting. It's up to you to decide if the certainty of the buy is worth the difference between list price and your eFMV. If not, you can always bid something lower, closer to your eFMV but with the possibility that someone outbids you.
The process usually is really fast, because realtors are good at estimating a FMV, most sellers realize they shouldn't expect a huge premium over that estimate and buyers accept a premium for the certainty of an immediate sale.
If McDonalds has their BigMac Meal labeled with CHF 12.50 (the current price in Switzerland IIRC) the cashier won't be able to refuse to sell it to me for that price even if I look particularly hungry and it's 4 O'Clock in the morning (and might thus be ready to pay more than 12.50). At least in Switzerland you are generally obliged to honor your displayed prices.
I have never bought a home (I'm a 23 y/o student), and I don't know if the process in the US would be comparable to the process in CH, but if a home is labeled with a price of say CHF 1'250'000 I expect to be able to walk in there with a bag with 1'250 CHF 1000 bills and pay for the house without additional price haggling. However I can imagine that this is not how it works (apart form the "pay with cash" part, which I know works for sure).
If the average market price for my neighborhood raises after my listing, am I not permitted to raise the price? How would you apply this reasoning to a stock market?
Finally, the "asking" price is not a contract. When my wife and I bought our house, there was a competitive offer that included "lifetime" seating at a popular restaurant near us. We had both offered slightly over asking, and this was 2009, so not exactly a "hot" market. Your solution would basically ask sellers to treat their house like a commodity, which might make sense in a spec home or developer deal, but really makes zero sense for two parties who are each making what is likely the single largest financial transaction of their life.
This is the sort of reasoning that people say that pay for the used car salesman's boat.
You are going to buy, what, 5 houses in your life? If you're a big mover.
Real estate agents spend their entire life doing the thing you do once every couple of years at most. Why do you think you'd be better than them?
This is like saying that you, as the person who walked out of a 48-hour boot camp, can code that JS program better than the veteran programmer because she doesn't specialize in Javascript.
You want to spend 6 months doing research? Real estate agents are spending years! There's a bit of principle-agent problems when working in this, but still. Beyond the information parity, there's simply knowing how to do sales and getting people to sign the contract.
Real estate agents have the same problem.
Of course they know more than I do about the process of buying a house. But knowing whether a house is worth more than asking and roughly how much over -- I can learn that specific piece of info for the houses I care about and my knowledge will be roughly equivalent.
The response to that is to either not worry about it or to have some entity fixing prices...
This is a modern phenomenon wholly reliant on the predictable cost of industrially-produced goods. Houses are different. Your proposal would lead to: most people (a) listing at $100 billion, (b) giving no listing price, or (c) becoming reliant on third-party pricing consultants, since you only get one chance to get it right.
Impossible and not easy for you?
So that is the harm you are stating? That you don't want to put the effort into understanding the market enough (without a realtor) to know the value of what you are buying? Plenty of people operate fine under the current system.
What's next? Do you want to have a lottery with a fixed and low price. That way people with more money and so on don't have an advantage.
Things are never equal. Some people have an edge. This edge is not entirely a realtor skimming as I think your comment implies.
> This system of listing a price to 'get people in the door' and then igniting a bidding war
Is it wrong for ebay to do this as well?
I am not saying we should simplify house buying to the same process as buying a cup of coffee.
I am saying that there is probably some price for which you're willing to forego negotiation and just sell it. This is like the ebay "Buy it Now" price. I think when most people list their house, they have this number in the back of the mind.
So let's start by putting that price out there. And maybe some basic conditions about how you'd like to be paid. If the perfect buyer comes along, you're done! This is currently not possible with our system. If the house is listed at $100k and I am willing to pay $150k I still start by offering asking to feel out the seller. If they had listed a "Buy it Now" price we could be done instantly.
Now let's say nobody wants to pay your buy it now price, they are free to make a lower offer. In the worst case, we get back to where we are now.
For all of the argument saying how hard it is to price a home and how nobody can get this number right because every home is unique, I don't think this is any harder than picking a list price in the current system. Most realtors pick the list price hoping to get x% more, depending on their market. Just include that x% in your "Buy it Now" price and be done with it.
There are instances of this kind of price movement in commodity products too, depending on demand. A rapidly selling product will get a bump to its MSRP, while the introduction of a competitor will cause price competition. It's not all that different in methodology - it just moves slower.
Be grateful that your local supermarket is no longer a street market, where each price has to be negotiated and haggled. Price discrimination there is rampant, so each buyer gets a personalized price tailored to extract as much as possible while still completing the sale.
Edit to add: Also, it occurs to me, if you go to ebay.com you can bid at auction for general consumer goods. So there's that.
Why is it "fair" for the buyer to be able to offer less, when they determine the house to be worth less than the ask, but the seller shouldn't be able to ask for more, when they find out there is a lot of interest?
You will find that your suggestion will make all houses more expensive.