Small Business News Online € World Wide Web Edition € November 1995 € Page 4

GUEST COMMENTARIES BY SMALL BUSINESS HAWAII MEMBERS


Commercial Realtors: Friend or Foe?
By Susan Kinsler, Aloha Indoor Tanning

[Editor's Note: This is a follow-up to Ms. Kinsler's October Commentary]

I've been quoted in the past as saying, "If you ever want to liven up a party mention Bank of America and everyone comes to life trying to top everyone else's horror story." Well, Bank of America is running neck to neck with Commercial Realtors. Everyone seems to have a Commercial Realty Horror Story. In last month's column I asked for "any comment about or complaint against a commercial real estate agent." WOW! 87 Responses. Unfortunately ‹ They were ALL COMPLAINTS. That's right. Not one positive word on one commercial agent. I was accused of having offices, stores, phones and household's bugged because I described a nightmare that we all shared at one time or other.

As promised, here's the survey results. If you count more than 87 votes it's because some of you couldn't make up your minds so you listed two and sometimes three companies. They were judged on: telephone response time; accuracy of information; punctuality; sensitive to small business owner's hours/needs and preparedness at site (did agent arrive first, find key, air out, etc.)

Question #1: Name the BEST commercial real estate company.

There aren't any 53
You're kidding 21
You really must be blonde 9
Sure 4

Question #2: Name the WORST commercial real estate company.

Monroe, Friedlander 51
CBI 46
Chaney Brooks 43
CB Commercial 29
I2C 18
Landmark 18
Wagner & Wagner 2

At least we no longer have to wonder why big corporations hire mainland companies to do work that can be done locally. It seems that most of you would like to do just that when it comes to finding and/or leasing out commercial property. If that isn't legal then you'd rather do it yourselves. Mary, from Euro Motor Sales, thought that having a classified section in this newsletter would help. How Œbout it Sam? Two of the calls were from actual commercial agents. Pat Wolf of Western Pacific Land and Steve Sofos of Sofos Realty. They both suggested that when looking for commercial space that we contact a broker to do the leg work for us and to look out for our best interests. They even claim that they'll work weekends. As Steve's office is very close to mine and he received NO complaints ­ I took him up on his suggestion. He's now my new best friend. I see a sign or spot a location and he does all the phoning and research. I've even met with him on a Saturday. The best part is ­ it doesn't cost me a dime. If I get a space the landlord pays. He's saved me time and let's face it ­­ that's worth money to us.

I hope the seven companies that made our survey get mad. I hope they direct that anger in the direction it belongs. With themselves. We've been punished enough. Instead of taking the Biting The Hands That Feed Them concept to new heights maybe they'll think the way they've treated us and try to make friends. I know they're listening. But, DO THEY HEAR???



Office of Consumer Protection?
By Ken Schoolland , Schoolland International Partnership

The State Office of Consumer Protection has just warned businesses that gift certificates must be honored for one year beyond the expiration date shown on the certificate. A business that does not honor gift certificates for a year after the expiration date could be fined up to $10,000 per violation.

It is clear that the Office of Consumer Protection lacks confidence in the consumer's ability to read, or to be responsible for, the terms and conditions of a simple contract. I can understand this lack of confidence, especially since most consumers have been taught reading and responsibility during 12 years of government schooling.

This case reveals the unlimited potential for the Office of Consumer Protection. Once a consumer pays money for something, then contract deadlines need not apply. Some day, movie tickets, warranties, life insurance, and homeowners' mortgages might all have their deadlines extended arbitrarily by the Office of Consumer Protection.

And what about all those deadlines imposed on the public for things they didn't even want to pay for? Clearly people should be allowed to pay parking tickets and tax returns a few years late. Why should there be any deadline at all? If a manicurist can be fined up to $10,000 for enforcing a deadline on a gift certificate, then why not the same for tax collectors?

Government officials like deadlines when they're taking money, but they don't like limitations when they're spending our money. When it comes to construction of a capitol building, a convention center, or a highway no one in government wants to be held to either a deadline or a budget. The Consumer Protection Agency should fine state legislators $10,000 for each violation of a deadline or budget. Now that's protection!



Government In Your Face, Or in Your Mirror?
By Richard O. Rowland, CLU, CFC, Rowland & Associates

I'm in favor of more government. The more the better.

Does that sound a little out of character? Have I been bitten by a rabid Hillary Clinton?

No, I'm not pulling your leg.

My personal goal is to get 100% self government for each of us.

Many, many individuals spend their life talking about "there ought to be a law" e.g. "Charley shouldn't eat so much, lets force him to behave" or "the public is too dumb to understand this, so let's prepare a 20 page disclosure form written by attorneys in language so confusing that most college graduates couldn't understand it. Then we will have each stupid person sign such before they act. That will help." Sure it will. It will help employ thousands of attorneys doing useless tasks.

I like to identify such "ought to be a law" individuals as "other" governors. Every time a problem arises, they want to correct it by telling others what to do. When this type of person gets into formal government, they focus on governing "others" to such an extent that many (if not most) fail to govern themselves. Matter of fact, they exclude themselves from responsibility and accountability at every opportunity. After all, they are so "busy" with the massive and essential work of "governing" (others) that it would be unreasonable to expect them to concurrently govern themselves. Or so they think. The result: Events like the US Congress Banking overdraft scandal. Did you note that most members who had successive problems with their personal bank accounts in that controversy were, at first incredulous that you and I would actually expect them to have been governing themselves and their personal checkbooks?

An almost perfect example of such an attitude was U.S. Representative Patsy Mink remarking that the Balanced Budget Amendment, if passed, would make it "difficult for us to govern." Well I certainly would hope so! The whole idea of that legislation was to deprive people like her of limitless power over your pocketbook.

Let's make it difficult; no, lets make it impossible, for others to "govern" us. Let's get them out of your face.

How might we do that?

Well, we focus on governing ourselves, that's how. And we start insisting that each individual in "Government" is held strictly responsible and accountable for the situations that arise from their actions!

The best way to do that is to make each legislator financially and personally liable for the results of his or her legislation. This is, legislation that they vote for. If they hurt you, you can successfully sue them! That includes unintended consequences that should have been foreseen.

How to make that work? Put a sunset on every piece of legislation (like 10 years). At sunset, the current legislative body would have to repass or modify the document and thereby each individual legislator who voted for it would become 100% responsible and accountable for the next 10 years.

Then we might, just might, start getting some real "self government" in government.

Could we start with identifying, by name, the individuals who saddled us with this State mandated workman's compensation fiasco? What's that? Did you say it was done too long ago to really "get at" the ones who did it to us?

Thanks, made my point. Put a sunset (right now) on current legislation and tell current legislators we are going to hold them accountable in their pocketbook (retribution) or their personal freedom (jail) if they screw it up and thereby do damage to anyone or any worthy citizen.

Is it possible that given these personal consequences some of the legislators might decide to let us govern ourselves?

If so, then they could spend some time learning to govern themselves.

So, you see, more government is the solution to too much "government."

Look in your mirror and say hello to "the governor."

That's what the Bible says; "Physician, heal thyself"



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