Posted by Angela Espinosa on 1/19/07 4:48pm
Msg #171724

Any Attorney in California re: fees

I have an idea to contact notaries in my zip code area and within/30 miles to get together and agree on what fees we would charge for Heloc, Refis, doc printing, travel etc. Another notary rotary member told me it was illegal and price fixing. True?

Thank you

Reply by PL on 1/19/07 5:10pm
Msg #171728

Not an attorney, but

you would have an easier time herding cats. One only has to look at OPEC and see that they all agree to some sort of price and then the next day turn around and do just the opposite. Set your price compete the best you can and move forward.

Reply by Stamper_WI on 1/19/07 5:21pm
Msg #171735

Re: Not an attorney, but

Yes that is price fixing. Realtors can't do it either. PL is right too. Even if you do it, it most likely won't work.

Reply by TRG_wy on 1/19/07 6:12pm
Msg #171744

Re: Not an attorney, but

I don't see it as "price fixing". It is more a co-op. You can still compete but at the same time you are bring fees more in line with one another - not $50 apart.

Reply by Roger_OH on 1/19/07 6:31pm
Msg #171749

Tim...

"...you are bringing fees more in line with one another." Pretty much the definition of collusion to control prices among a group of competitors, and definitely illegal. If you have 5000 signings under your belt, why would you want to charge the same as someone with 25? Some SAs ARE worth $50 more than others in terms of experience and proven quality.

And as noted before, there is nothing to stop one from still undercutting another - how would you even know? The best road is to gauge your marketplace and price according to what it and the competition will bear. Just about every job is negotiable.

Reply by TRG_wy on 1/19/07 9:34pm
Msg #171760

Re: Tim...

"Pretty much the definition of collusion to control prices among a group of competitors, and definitely illegal. "
Absolutely NOT true. I grew up in farming country where crops and orchard produce were always done this way. Matter of fact this still holds true today for any commidity. By your standard, gas pricing is illegal.

Reply by Gary_CA on 1/19/07 10:42pm
Msg #171772

Two suspect examples...

truth is produce and gas are prime examples of collusion at work, at least informally.... and if it ain't illegal it sure oughta be.

Reply by dickb/wi on 1/20/07 3:27pm
Msg #171851

it is anti trust to fix fees among competitors.......... n/m

Reply by MikeC/NY on 1/19/07 5:38pm
Msg #171739

Google "price fixing" and you'll get your answer...

Reply by PAW on 1/19/07 8:34pm
Msg #171757

See Msg #171755 n/m

Reply by Roger_OH on 1/19/07 10:29pm
Msg #171770

Thanks for the thorough definitions - hope it helps Tim! n/m

Reply by TitleGalCA on 1/19/07 9:47pm
Msg #171764

You've had good advice about price fixing. And, it's valuable and on point.

However - I dunno...the lowly notary that always gets the shaft-ola when it comes to being paid or even requesting a reasonable fee for a reasonable service?

I wouldn't have any problem with it (price fixing). That is the very reason there has been so much talk about an 'organization' (and not one with three initials that only cares about their fee base...notaries).

But I'm only a lowly notary subject ot the whims of the (2) SS's I work for and my own TC.

Reply by Kevin/Ct on 1/20/07 3:49am
Msg #171786

Yes, it is price fixing. Any agreement that restrains competition and free trade violates such law. There need not be an express formal agreement to constitute price fixing. An informal "understanding" among individuals to control prices also constitutes prices fixing. There is case law that indicates that even an agreement among individuals to freeze their prices at their individual levels even if their pricing levels differ from each other at the relevant time also qualifies as price fixing. Price fixing can result in severe penalties.

Reply by Ernest__CT on 1/20/07 7:20am
Msg #171796

Yes, it IS price fixing! Don't do it. Period. n/m

Reply by Angela Espinosa on 1/20/07 1:24pm
Msg #171837

Re: Yes, it IS price fixing! Don't do it. Period.

Well....it seems the consensus is that it IS price fixing. Paw that you for the article, I appreciate that. Guess my great plan has a small flaw (an illegal one). It's just so frustrating to get talked down to "we pay $50.00 and 10.00 more for edocs and by the way the signing is in one hour". I just have to remember that Jan/Feb are s-l-o-w months.

Thanks again everyone