How Libertarianism Has Negatively Affected My Life -- Plus, How To Study For State-Wide Testing

By Victor J. Ward

One of my current areas of interest is Real Estate Development. I have a couple of large projects -- large projects to me, not to your typical large-scale land developer. I am working with some great people who are very knowledgeable. Two of the people are Real Estate Brokers. I am considering using one or both of them to sell my homes.

But, I have also been considering selling the homes myself. That is: I would be my own Broker. But, before I become a Broker, I need to become an Agent.



In California and, I imagine, in most of the country, the way the Real Estate Business works is that the Seller of property typically contacts someone who is a Broker. That Broker may or may not have salespeople that work for him/her. Those salespeople are typically called Real Estate Agents. (Technically speaking, the Broker is also an Agent; the Seller is the Principal.)

An Agent cannot sell a house unless the Agent has an employing Broker. Obviously, this is a stupid law and regulation passed by the State. Why can't I hire whomever I want to sell my homes? Why can't someone hire me to sell their home(s) if they so choose? (Of course, the same questions can be applied to the area of law or dentistry or medicine. Why can't we do what we want to do?)

But, before a person can become a Broker, they have to have two years of experience as an Agent. Then, after the Agent has the experience, the Agent can take another test to become a Broker.

So, although I have an MBA and a JD, the State requires me to sit for a test to become a Real Estate Agent. But, at least the Trial Attorneys Union paid enough of the Legislators that they exempted all Lawyers from having to take the educational prerequisites. Thus, all I had to do was to register and take the test.

The registration process was frustratingly slow. Keep in mind that the State did not actually assign my test date. All the State had to do was to cash my money and send me a form saying that I could schedule my own test. It took the state 1.5 months just to get this done.

I received the one page letter informing me that I could take the test. Yes, I got the letter in the mail. There is no way for the State to communicate with examinees through email.

Amazing.

I got the letter on Saturday, March 14. I looked on the Department of Real Estate website for the next testing date. They had a test on March 19 and another test on March 20. After that, there were some other tests in April. They give the test several times a month.

I struggled a bit with what day to choose. I had not really studied for the exam, and there was not a serious penalty for having to take the test again. (It's a $15 fee each time you need to re-take the exam.) But, at the same time, I did not want to go into the test and fail. Who wants to do that?

It's been a long time since I studied for one of these tests. And, giving myself six days was not much time. Additionally, I knew that I was not going to study each day.

I decided that taking the test on the 19th was too soon, but that I could probably pass if I took the test on the 20th. So, I registered.

I didn't take a prep class. I did not read any prep books. (I have a prep book, but I did not read it.) Here is the key to taking Statewide and Nationwide tests: Find as many old yet official tests and questions. Then, take those tests over and over again.

Remember, the State has to pretend to be fair and equal. So, the exam given in 2010 has to be very similar to the exam given in 2015. Even if you only have one old exam, read it and study it over and over and over again. The Test Examiners may not ask exactly the same questions -- although sometimes they do -- but the questions have to be on the same topics, and the questions are going to have the same cadence and rhythm and "feel" to them.

All these things are very important when you take a test. Again, the more familiar you are with the official test, even old ones, the better you will do.

Another testing tip is that when you are studying, force yourself to give the answer in a shortened amount of time. If you are doing an essay question, and you know that the actual test will give you one hour to answer that question, force yourself to give the best answer in 30 minutes. If you have 30 seconds to answer a multiple choice question, answer it in 15. Obviously, your answers are not going to be great, but you are challenging yourself in practice so that when the testing begins in earnest, you will be more than ready.

I have more testing tips. Please email me if you want more. I became an expert on how to take tests since I took the Bar exam six times before passing. I know what to do and what not to do.

Back to the Real Estate test: I drive to Oakland for the test. And here is where Libertarianism starts making things difficult. I park in a State owned building. The parking token has "The City of Oakland" written on it. I am not pleased, but I remind myself that I need to focus.

I walk past a couple of homeless guys. I think that they would have a job if not for stupid minimum wage laws.

Again, I tell myself: "Victor -- Focus!"

I walk into the building for the test. It's a building owned by the State of California.

I have to walk through a metal detector staffed with a whole bunch of State Employees. Some are standing; some are sitting. I don't know why most of them are there.

I get into the elevator, and, immediately after the doors close, I read a sign that says something like: "If you are in this elevator, thank a Union employee."

I almost lose it.

Then, I get to the test, and the guy at the front tells me where to put my stuff. I have to take off my hat.

Why? I don't bother to ask.

I have to take off my coat. I think to myself, "What if I get cold?" Again, I don't bother to ask.

I have to take off my watch, which is clearly a regular watch, not some Apple Watch that has all of the answers to life's questions.

I comply with everything and get a seat.

I had to be there between 8:00 AM and 8:30 AM. I got seated around 8:20 AM. Most of the people had already started the test.

Everything was computer based, so that was good. They had a little dry erase board for all of the examinees, along with a dry erase pen, a dry erase eraser, and a calculator.

I plunged in. And now, this is where my focus got severely challenged. There were several questions like the following:

IF SELLER WANTS TO SELL HIS HOME TO ANYONE BUT A CERTAIN MINORITY GROUP, YOU AS A LICENSEE SHOULD DO THE FOLLOWING:

A. TELL THE SELLER THAT IT IS HIS HOME AND THAT HE CAN DO ANYTHING HE WANTS TO DO WITH IT.

After I read answer A, my first thought is: "A is clearly the right answer. It's the Seller's freakin' house and he can do with his house whatever he pleases."

Then, I go to the next answer:

B. TELL THE SELLER THAT THAT MINORITY GROUP TYPICALLY HAS A LOT OF MONEY AND THAT HE CAN PROBABLY GET A GOOD OFFER FROM SOMEONE OF THAT BACKGROUND.

Now I am thinking: "Well, B might be true. That's some good advice."

Since A is true and B could be true, I am hoping that answer D is going to be: "ALL OF THE ABOVE.

If D is ALL OF THE ABOVE, C must be true.

C: DO NOT SAY ANYTHING TO THE SELLER.

That seals it. A is clearly true. B could be true. C is also clearly true. I know for certain that D is "ALL OF THE ABOVE."

D. TELL THE SELLER THAT DISCRIMINATION OF ALL KINDS IS PREVENTED BY LAW IN REAL ESTATE LISTINGS.

Answer D shocks me back into reality. I am reminded that I am not taking a test about how things should be, I am taking a test about how things are.

I had to go through a two-step analysis for many of the questions. I was at a decided disadvantage.

Many Black people say that standardized tests are written in a discriminatory fashion, and that you need to be White (or Asian) in order to understand some of the questions. Well, I was doubly-disadvantaged: I am a Black Libertarian!

Where are my rights?

No justice, no peace!

Heck no, I won't go!

Hey, hey, ho, ho, discrimination against Black Libertarians has got to go!

Occupy the Department of Real Estate!

I want my Union rep!

Black Libertarian lives matter!

If you pass the test, they don't tell you your score. I was blessed to not know my score.

Anyone want to buy/sell a house? (That's probably an illegal attempt at solicitation.)

Victor J. Ward  first came across libertarianism by reading Murray Rothbard's Ronald Reagan: An Autopsy and Walter Block's Defending the Undefendable. He holds a law degree from the University of California, Hastings College of the Law and an MBA from Santa Clara University.