WEBVTT

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Welcome to The Debate. Today we are looking at,

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well, the single largest asset class in the world.

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It is the thing that historically defined voting

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rights, status, and wealth. And today it is likely

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the biggest line item in your personal budget.

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We are talking about real estate. And to be clear,

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right out the gate, we aren't just talking about

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Zillow listings or, you know, open houses with

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fresh cookies. We are analyzing the strict definition.

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The land itself, the buildings on top of it,

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and the natural resources, the water, the minerals,

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the crops that come with it. Exactly. It's the

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physical stage upon which new life, well, happens.

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And the central question we are wrestling with

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today is this. Is real estate primarily a fundamental

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expression of natural rights, a vehicle for individual

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liberty and economic stability? Or is it a mechanism

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that locks in social stratification and, frankly,

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accelerates environmental degradation? I'm taking

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the latter view. I think if you look closely

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at the history and the data, you find that the

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estate part of real estate That legal fiction

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we wrap around the land has historically prioritized

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profit over people and extraction over sustainability.

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And I'm here to defend the institution. I believe

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that private property rights, specifically real

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estate, are the bedrock of free society and the

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primary engine for capital formation. I mean,

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without clear ownership, you don't have an economy.

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You have chaos. So let's get into the dirt. Let's

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do it. I want to start with the philosophy because

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it explains why we treat land the way we do.

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The idea that you can point to a patch of earth

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and say, this is mine and the state will project

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my right to it is a profound concept. It's not

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just modern capitalism. You can trace this back

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to Roman law, to Greek philosophy, and specifically

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to writers in the 15th and 16th centuries who

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discussed universal law. You're referring to

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the natural law arguments? Yes. Take Emmerich

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de Wattel. In 1758, he wrote the Law of Nations.

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He was instrumental in conceptualizing private

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property not just as a convenience, but as a

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prerequisite for order. The argument is that

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without the security of ownership, the private

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domain, citizens cannot truly be free or safe.

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I mean, if the king or the mob can take your

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home, you have no liberty. It sounds noble when

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you quote Vattel. It gives it this very clean,

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intellectual lineage. But I think we need to

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peel back that philosophical layer and look at

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what that order actually looks like in practice.

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You're talking about real property versus personal

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property. Right. Personal property is movable.

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Your car, your furniture, your crypto wallet.

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Real property is immovable. It's the land. But

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the way we handle that immovability is through

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a legal construct called the estate. That is

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the interest you hold in the land. And my issue

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is that this legal construct has often been weaponized.

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You speak of order, but whose order? The order

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of the majority. Look at the United States. According

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to the Congressional Research Service, as of

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2021, 65 % of U .S. homes are owned by the occupier.

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That is a stunning statistic. In a feudal system,

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the Lord owns everything, and you work the fields.

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In our system, two -thirds of families own their

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slice of the earth. That is a massive democratization

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of wealth. It is a large number, I grant you,

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but let's look at the quality of that ownership.

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We use terms like fee simple and leasehold. These

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aren't just vocabulary words. They define your

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power. I think it's important we define those

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for the listeners because it goes to the heart

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of my argument about liberty. Fee simple is the

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gold standard of ownership. It means you own

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the land, the air above it, the ground below

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it, and, crucially, you can leave it to your

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heirs. It is absolute ownership. When you buy

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a house in the suburbs, you usually get fee -simple

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title. Right. But then you have leasehold, or

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other fractured forms of tenure. In a leasehold,

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you might own the building, but someone else

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owns the dirt, and your ownership expires after,

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say, 99 years. Or look at a condo. You own the

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airspace inside your unit, literally the paint

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to the paint, but you share ownership of the

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structure. The complexity of these estates often

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serves to concentrate control. And historically,

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that control was acquired through means that

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were anything but natural law. Are you referring

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to the origins of the American market? I am.

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You cannot talk about American real estate without

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talking about the Louisiana Purchase of 1803.

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In business schools, it's taught as the greatest

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real estate deal in history. Because it was.

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Thomas Jefferson paid $15 million. Which breaks

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down to about four cents an acre. Exactly. Four

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cents an acre to double the size of the country.

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It paved the way for Western expansion. It created

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the inventory that allowed millions of poor immigrants

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to come over and become landowners, something

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they never could have done in Europe. Paved the

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way is doing a lot of heavy lifting there. Legally,

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scholars categorize that under acquisition by

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conquest or discovery. We bought the rights from

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France, but the land was fully occupied by indigenous

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peoples. France didn't really own it in any practical

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sense. They just had a map that said they did.

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That natural right to property you mentioned,

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Vattel praising, it apparently didn't apply to

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the people actually living on the land. It was

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a transfer of raw power, not a sterile business

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transaction. I acknowledge the violence of the

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acquisition. That is undeniable. And it's a dark

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stain. But we have to look at what happened after

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the acquisition. Once that land was brought into

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the legal fold, the system that was built, the

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surveying, the recording of deeds, allowed for

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a stability that didn't exist before. You mentioned

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business schools. Let's talk about the industry

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itself. It moved from the Wild West to a profession.

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A profession of gatekeepers. A profession of

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standards. The oldest real estate brokerage in

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the U .S., Baird &amp; Warner, started in 1855. The

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National Association of Realtors was founded

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in 1908. Before that, it was chaos. You could

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buy a farm and find out three other people thought

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they owned it. These organizations established

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a chain of title. When you buy a house today,

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you know you own it because of that infrastructure.

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That professionalization protects the little

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guy just as much as the big guy. Does it? Let's

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talk about who that professional infrastructure

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was designed to protect. The National Association

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of Realtors. which you cite as a beacon of order,

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presided over decades of segregation. We had

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the National Housing Act of 1934 and the Banking

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Act of 1933. Which saved the banking system during

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the Great Depression. They stabilized the banks.

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Yes, they created the 30 -year mortgage, which

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is great. But they also institutionalized redlining.

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The government maps explicitly graded neighborhoods.

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Green was good. Red was hazardous. And red almost

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always meant... black populations. We were looking

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at this through a modern lens, though. We have

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to. The Fair Housing Act didn't pass until 1968.

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That means for the first 60 years of this professional

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industry, it was legal and often policy to discriminate

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in renting, buying and financing based on race.

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The stability you love. was purchased by excluding

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entire demographics from building equity. You

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can't separate the asset class from that history

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because wealth compounds. If you were locked

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out in 1940, your grandkids are feeling it in

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2026. I agree that the history is flawed, but

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the mechanism of real estate, the ability to

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hold and transfer value is neutral. The policy

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was bad. The asset is good. And that brings me

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to the economic engine. You can't deny that real

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estate is the primary vehicle for wealth creation

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for the middle class. It is the only leveraged

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investment most people will ever make. I can

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deny that it should be. And I can certainly question

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the mechanics of it. Let's pivot to the money.

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You view real estate as an investment. I view

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it as shelter. When you mix those two, you get

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distortion. They aren't mutually exclusive. If

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I buy a home, I get shelter and I get a store

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of value. It's a forced savings account. Every

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month I pay down my mortgage, I am essentially

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paying myself. But look at the speculative side.

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We treat houses like stocks. We have investors

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buying properties in markets just because prices

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are rising, with no intention of living there.

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That signals value, though. It drives capital

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to where it's in demand. Take flipping. It gets

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a terrible reputation. But strip away the reality

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TV drama and what is it? It's arbitrage. Arbitrage?

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Yes. Arbitrage. Taking advantage of a price difference

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between two markets. An investor finds a property

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that is undervalued because it has a hole in

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the roof or, you know, 1970s plumbing. The market

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has discounted it heavily. They pour capital

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and labor into it, fixing the roof, updating

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the pipes, and they sell it for a profit. They

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have improved the housing stock. That is value

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creation, not extraction. If they didn't do it,

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that house would rot. In an ideal world, maybe.

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But often that flipping is purely cosmetic. Gray

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laminate floors and white paint over structural

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issues. Or it's just writing a bubble. And speaking

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of bubbles, if real estate is such a stable store

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of value, explain the crashes. Markets fluctuate.

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That's the nature of economics. Fluctuate is

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a very gentle word for what happened in 1929.

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The stock market crashed, and in the four years

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that followed, real estate values depreciated

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by 50%. Half the value of the nation's housing

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stock evaporated. That destroys lives. If your

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safety net can lose half its value in four years,

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it's not a safety net. It's a gamble. And we

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saw it again in 2008. But look at the response

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to that 1929 crash. That's my point about the

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resilience of the system. We didn't just let

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it rot. We created Fannie Mae in 1938. a government

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bailout mechanism. A structural innovation. Before

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Fannie Mae, a bank had to hold your mortgage

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for the full term. If they ran out of cash, they

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couldn't lend to anyone else. Fannie Mae was

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created to buy those mortgages from the banks,

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giving the banks fresh cash to lend to new homeowners.

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It created liquidity. It proves that the real

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estate market can evolve to support the population.

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It proves the market is so volatile, it requires

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massive federal backstops to function. And on

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the high end, it's even worse. The source material

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notes that luxury real estate in London and New

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York is essentially a safety deposit box for

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global corruption. Foreign officials use shell

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companies to buy penthouses, not to live in,

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but to launder money and protect it from seizure

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at home. Those are criminal edge cases. You don't

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judge the entire auto industry by bank robbers

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who use getaway cars. You do if the car is designed

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specifically to hide the robber. The opacity

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of real estate ownership, the ability to hide

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behind LLCs, is a feature, not a bug. We can

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argue about regulation, but I want to pivot to

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the physical reality of the asset. We've talked

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about laws and money, but real estate is dirt

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and timber. You mentioned earlier that the industry

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prioritizes profit over the planet. In 2019,

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the real estate sector was responsible for 39

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% of total global emissions. 39 %? Nearly 40%.

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And here is the kicker. 11 % of that wasn't from

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heating or cooling. It was solely from manufacturing

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the materials. The concrete, the steel, the glass.

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We are literally burning the atmosphere to build

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these assets. I'm glad you brought that up. Because

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this is where the industry is actually making

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its biggest strides. You are looking at legacy

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data. The modern real estate market is obsessed

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with efficiency. Since the 1970s, Poe inciting

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with the World Commission on Environment and

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Development, we've seen the rise of green development.

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Is it substantive change or is it just marketing

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brochures with pictures of leaves on them? It

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is substantive. Look at LEED certification. Look

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at the demand for green infrastructure. But more

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importantly, look at how the market prices risk.

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Today, you almost cannot close a commercial deal

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without an Environmental Site Assessment, or

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ESA. Explain what that is for the listener who

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hasn't bought a warehouse lately. An ESA is a

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due diligence report. A surveyor goes out to

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check for contamination, oil in the soil, asbestos,

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groundwater issues. If the land is sick, the

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deal dies or the price collapses. The market

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is explicitly putting a price tag on environmental

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health that forces owners to be better stewards.

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If you pollute your land, you lose your equity.

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That is a very optimistic take. I see it differently.

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I think the profession of environmental surveying

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is what we might call a self -licking ice cream

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cone. How so? The industry degrades the land

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for a century. Then it creates a cottage industry

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of surveyors to tell us how degraded it is. Then

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we pay developers to remediate it and call it

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green. It's a profit cycle based on fixing our

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own mess. And even with green buildings, look

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at the macro layout. Sprawl. You mean the suburbs?

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I mean the list of detached dwellings, mansions,

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villas, split -level homes. This model requires

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massive amounts of land per person. It requires

00:13:48.919 --> 00:13:52.080
miles of asphalt roads, more pipes, more wires.

00:13:52.259 --> 00:13:54.980
You can put a solar panel on a villa, but if

00:13:54.980 --> 00:13:57.279
that villa replaced a forest and requires a 40

00:13:57.279 --> 00:14:00.159
-minute commute in a car, it is not green. But

00:14:00.159 --> 00:14:02.720
that is what people want. You are criticizing

00:14:02.720 --> 00:14:06.200
the market for responding to human desire. People

00:14:06.200 --> 00:14:09.600
want space. They want privacy. They want a detached

00:14:09.600 --> 00:14:13.019
home. Real estate developers are just organizing

00:14:13.019 --> 00:14:16.940
space to meet human needs. Organizing space is

00:14:16.940 --> 00:14:19.740
a very sterile way to put it. We are turning

00:14:19.740 --> 00:14:22.919
wild animals and growing crops, which are part

00:14:22.919 --> 00:14:25.799
of the definition of real estate, into paved

00:14:25.799 --> 00:14:29.220
subdivisions. We are extracting utility from

00:14:29.220 --> 00:14:32.139
the earth at a rate that is unsustainable. But

00:14:32.139 --> 00:14:34.940
what is the alternative? Cramming everyone into

00:14:34.940 --> 00:14:38.080
high -rises? The beauty of our system is the

00:14:38.080 --> 00:14:41.039
variety of tenure. We have condominiums where

00:14:41.039 --> 00:14:43.580
you share the land. We have housing cooperatives

00:14:43.580 --> 00:14:46.500
where you own shares in a corporation. We have

00:14:46.500 --> 00:14:50.169
townhouses. This diversity allows people at different

00:14:50.169 --> 00:14:53.049
economic levels to enter the market. It allows

00:14:53.049 --> 00:14:55.789
entry, sure, but it also creates a hierarchy.

00:14:56.269 --> 00:14:59.490
The fee -simple, single -family home is the dream,

00:14:59.629 --> 00:15:02.669
and everything else is a compromise. And frankly,

00:15:02.870 --> 00:15:05.769
the complexity of things like co -ops often serves

00:15:05.769 --> 00:15:08.309
as another layer of exclusion. Have you ever

00:15:08.309 --> 00:15:10.470
tried to get approved by a co -op board in New

00:15:10.470 --> 00:15:13.289
York? It's not just about money. It's about social

00:15:13.289 --> 00:15:16.750
acceptability. It's about protecting the community's

00:15:16.750 --> 00:15:19.730
interest. That is the essence of real estate,

00:15:19.889 --> 00:15:22.769
balancing the individual right with the collective

00:15:22.769 --> 00:15:26.350
value. And I argue the balance is off. I think

00:15:26.350 --> 00:15:29.210
we need to zoom out to conclude. Despite the

00:15:29.210 --> 00:15:32.090
flaws, despite the redlining of the past and

00:15:32.090 --> 00:15:34.649
the emissions of the present, I keep coming back

00:15:34.649 --> 00:15:37.669
to the fundamental utility. For the average family,

00:15:37.909 --> 00:15:40.450
the home is the only leverage investment they

00:15:40.450 --> 00:15:43.429
will ever make. It is the only way they can turn

00:15:43.429 --> 00:15:47.169
a monthly expense, shelter, into an asset, equity.

00:15:47.769 --> 00:15:50.490
It is a powerful tool, I don't deny that. But

00:15:50.490 --> 00:15:53.110
it is a dangerous one. We are tying the financial

00:15:53.110 --> 00:15:55.509
future of the middle class to an asset that is

00:15:55.509 --> 00:15:57.909
physically vulnerable to climate change, which

00:15:57.909 --> 00:16:00.769
the asset class itself is driving. It's a vicious

00:16:00.769 --> 00:16:03.789
cycle. And by treating homes as financial vehicles

00:16:03.789 --> 00:16:06.809
first and shelters second, we create a society

00:16:06.809 --> 00:16:09.169
where housing is increasingly unaffordable for

00:16:09.169 --> 00:16:11.210
the people who actually need to live in it. My

00:16:11.210 --> 00:16:14.250
view is that the legal structure, the distinction

00:16:14.250 --> 00:16:17.129
between real and property, The professionalization

00:16:17.129 --> 00:16:19.990
of the industry provides the stability we need

00:16:19.990 --> 00:16:22.409
to solve those problems. We are seeing the shift

00:16:22.409 --> 00:16:24.370
to green building. We are seeing financing open

00:16:24.370 --> 00:16:27.389
up. The natural right to property is a vehicle

00:16:27.389 --> 00:16:29.909
for liberty, and we are getting better at ensuring

00:16:29.909 --> 00:16:32.870
everyone has a set of keys. And my view is that

00:16:32.870 --> 00:16:35.590
we need to stop looking at the espate, the profit,

00:16:35.769 --> 00:16:38.250
the rights, the flipping, and start looking at

00:16:38.250 --> 00:16:41.690
the real, the land, the water, the community.

00:16:42.240 --> 00:16:44.720
If we don't prioritize the physical reality of

00:16:44.720 --> 00:16:46.879
the earth over the legal fiction of the deed,

00:16:47.000 --> 00:16:49.480
we're going to find that our store of value is

00:16:49.480 --> 00:16:52.539
underwater, figuratively and literally. It is

00:16:52.539 --> 00:16:54.919
certainly the intersection where the physical

00:16:54.919 --> 00:16:57.360
world meets the legal world. And where the checkbook

00:16:57.360 --> 00:17:00.039
meets the chainsaw. We hope this discussion has

00:17:00.039 --> 00:17:02.480
encouraged you to look at your own housing situation,

00:17:02.840 --> 00:17:06.700
whether you rent, own, or are looking to buy,

00:17:06.880 --> 00:17:09.700
and consider how it fits into these global systems.

00:17:10.250 --> 00:17:12.430
Dig into the history of your own deed. You might

00:17:12.430 --> 00:17:14.970
be surprised what you find. Thank you for joining

00:17:14.970 --> 00:17:16.430
us on The Debate. Goodbye.
