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BrokerIPTV: Welcome to Broker IPTV and today we are going
to be talking about affiliated business arrangements and I have got an expert
here by the name of John Clikeman and John, welcome to the show.
John Clikeman: Thank you.
BrokerIPTV: So, John tell us a little bit about yourself.
John Clikeman: I have been a practicing real estate attorney
in Colorado since 1972 and I have been
involved in the AfBA business in Colorado
title insurance businesses since the mid '90s.
BrokerIPTV: Wow.
So, I am sitting with an attorney today.
John Clikeman: Yes, you are.
BrokerIPTV: Okay.
Well, 36 years on a bar. That's a
long time.
John Clikeman: It's a real long time.
BrokerIPTV: So, tell me about your business model for affiliated
business arrangements in Colorado
title insurance field.
John Clikeman: Our basic business plan is to form joint
venture arrangements under a limited liability company entity with different
real estate offices. My holding company
that I own goes in and forms the entity and then we service it, manage it. The real estate broker is in the office,
become actual members of the entity and the theory is that by them becoming
owners in their own title company, that they would obviously refer business to
that entity and potentially profit from being a member.
BrokerIPTV: Right.
So, tell me about some of the things that you do and in this case, say
for Meridian Title and Escrow, you are in fact the back office, you are the plant
for the title company, right?
John Clikeman: We provide all the title services from our
office that includes the production of the title commitments, the title
policies, recording the documents after closings, and basically just overseeing
the whole title operation to make sure everything runs proper.
BrokerIPTV: So, I think a lot of real estate brokers in
Colorado have heard of ABAs or AfBAs as it is properly known as, affiliated
business arrangement; what's the difference for a lot of brokers out there or
even consumers that are looking to see between say a traditional title company
without broker ownership and an AfBA where you have real estate brokers as the
primary owners?
John Clikeman: Well, the main difference is the fact that we
can operate on a much more, what I would call efficient and economical basis
than the what I refer to as traditional title companies. That means we don't have the need for a sales
force. We do have need for followup and
public relations with our owner brokers, but we don't have the expenses that a
traditional title company would have and that allows us to function what I
believe is much more efficiently.
BrokerIPTV: Another question I get a lot of brokers
asking me is the legalities of an AfBA in the Colorado title insurance field. I mean how long have they had ABAs or AfBAs
here in Colorado?
John Clikeman: Since probably about the mid '90s is when
they came forth in Colorado. They have been in the US in other
states for a lot longer than that. The
concept was not born in Colorado
by any means. Basically, Colorado law now does
recognize the validity of AfBAs. They
have to be in compliance with the Colorado
regulations as promogated
by the Division of Insurance.
BrokerIPTV: And then distributions, I mean there could be
distributions based on profitability.
How are those handled and how do they work with RESPA?
John Clikeman: One of the guidelines of RESPA in Colorado
law is that you can only be compensated according to your ownership percentage
in the company, in other words, you cannot be compensated under volume of
business criteria, which would say one guy gets x amount of money because he
sent x amount of orders.
BrokerIPTV: Right.
John Clikeman: It has to be based solely on the
profitability if there is profitability and then the distributions are based
upon that specific ownership interest of the individual.
BrokerIPTV: Great.
Well, keen insight John. I
appreciate you sharing the concept of AfBAs here in the ownership of real
estate brokers in Colorado
title insurance companies. Thank you.
John Clikeman: Thank you.
Posted on October 14, 2008 05:14:06 by Mark Eibner
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