SteveReynolds

Broker Associate/Realtor

Image

St. Pete Real Estate News

May 2024

Big Changes to Real Estate Commissions

How the new rules affect sellers and buyers.

Image
Contact Me

A class action lawsuit against the National Association of Realtors (NAR) resulted in new rules affecting home sellers and home buyers.

What just happened?

But first: How the media got it so wrong.

The National Association of Realtors settled a lawsuit last week that could up-end the way real estate agents are paid, doing away with the traditional agent's commission of 5-6%.

FACT:

Nothing in the settlement between the NAR and plaintiffs takes away the right of a homeowner to negotiate compensation with a listing agent. Sellers and homeowners are still free to negotiate commission amounts and service levels.

How about this headline from CNN?

Image

So then, what changed?

2 things.

1. Listing agents can no longer include commission information on the Multiple Listing Service, also known as MLS. This is the agent-only website that feeds other home sites like Zillow and Redfin but also includes non-public information.

2. In order to see a home, the buyer must sign a Buyer's Agreement with their agent.

2 things? That's it?

Basically, yes. But read on for more details about what this could mean if you are buying or selling.

Why is the media saying sellers no longer have to pay buyers' agent commissions?

Home sellers have never been required to pay any commissions at all. Lots of homes are sold FSBO (For Sale By Owner) or using a flat-rate or limited-service broker.

Home sellers can (and should) continue to negotiate commission amounts with listing agents. If the home seller chooses to offer zero compensation to a buyer's agent, the listing agent should provide the seller with the pros and cons of such an approach.

Contrary to popular belief, there is no universally fixed commission rate for real estate transactions. The NAR has never set or suggested a “standard” commission amount for home sales. Instead, commissions have always been negotiable between sellers and their agents. The settlement only addresses how this compensation is communicated to the buyer's agent.

FACT:

First things first: debunking the “standard” myth.

A buyer's agent could easily view a home's compensation details on the Multiple Listing Service (MLS) website.

Affect on home sellers.

Old Rules: Commissions

New Rules (Beginning August 2024)

  • The NAR settlement prohibits listing agents from publicly displaying compensation offers on the MLS.
  • Buyers’ agents must now directly contact the listing agent or explore alternative sources to learn about compensation amounts.
  • Impact on transparency? While the intention was to enhance transparency, the practical effect is unclear.

Summary

There's no clear indication that moving commission information off the MLS website (and adding it somewhere else) will do anything to help buyers, sellers, or their respective agents.

Affect on home buyers.

The buyer's agreement is mandatory.

Old Rules: Buyers' Agreements

A buyer's agreement is optional.

All home buyers must sign a buyer's agreement with their agent’s brokerage before viewing homes. This agreement outlines the terms of the relationship, including compensation and representation.

New Rules (Beginning August 2024)

Summary

Before you visit a home, ask your agent if the seller is offering compensation and if so, will the amount cover all of the buyer's agent's fees.

Imagine stepping into a potential dream home, yet you haven’t even met your agent face-to-face. They slide a document across the table—a buyer’s agreement. It’s like signing a contract on a blind date. But those are the new rules.

Read the agreement carefully.

In some cases, buyer’s agreements include provisions that require buyers to pay their agent out-of-pocket if the seller offers zero compensation. Even when the seller provides some compensation, the agreement may stipulate that the buyer must make up any shortfall.

For instance, if the seller offers a 1% commission, the buyer’s agent might require a 3% commission plus additional fees, leaving the buyer responsible for covering the additional 2%.


While this approach ensures that agents are compensated for their work, it can create financial challenges for buyers, especially if they weren’t prepared for these extra costs. As a buyer, it’s crucial to carefully review the terms of any buyer’s agreement and discuss them openly with your agent to avoid surprises down the road.

I'm a seller:
Should I offer a commission to the buyer's agent?

The choice is entirely yours. Discuss the pros and cons with your listing agent before making a decision.


Consider this:


- A typical listing agent may or may not have an interested buyer for your home at any given time, but there are thousands of local agents representing different buyers.


-Many buyers don't have the funds to pay their agent out-of-pocket, but would otherwise be interested in buying your home.

- By offering compensation, you tap into this network. Multiple agents may have buyers who fit your home’s profile.

- The more agents who show your home, the higher the chances of attracting competitive offers.

- Ultimately, more agents and more exposure can lead to a higher sale price and a faster sale.

Summary

Discuss options with your agent. Commission or no commission, the goal is to net the most money possible for the sale of your home.

As a result of the settlement, some home buyers may opt to bypass a buyer's agent and work directly with the listing agent. The question is: Will this serve the best interests of either party? Consider this:

I'm a buyer. What should I do?

2. Negotiation Dynamics

1. Repair Requests and Negotiations

  • Imagine a scenario where a buyer, without their own agent, relies solely on the listing agent. After a home inspection, the buyer identifies necessary repairs.
  • The listing agent, who represents the seller’s interests, now faces a conflict. They must negotiate with the buyer on repair requests while also ensuring the seller’s satisfaction.
  • Conflict of Interest: The listing agent’s primary duty is to the seller. Balancing the buyer’s needs and the seller’s expectations can be challenging.
  • Buyer’s Disadvantage: Without an independent buyer’s agent, the buyer lacks someone solely focused on their side of the transaction. Their interests may take a back seat.
  • Listing agents have intimate knowledge of the property they represent. They know its strengths, weaknesses, and pricing strategy.
  • When buyers work directly with the listing agent, they may miss out on unbiased market insights. A buyer’s agent would provide a broader perspective, helping the buyer make informed decisions.
  • Buyer’s Disadvantage: Without their own agent, buyers might not receive objective advice on pricing or repair requests.
  • Listing agents are privy to confidential information about the seller’s motivations, timelines, and financial constraints.
  • Buyers deserve the same level of confidentiality. A buyer’s agent ensures that sensitive details remain private.
  • Buyer’s Disadvantage: Without their own agent, buyers risk unintentionally revealing too much information to the listing agent.

3. Disclosures and Confidentiality

In summary, while some buyers may choose to forgo a buyer’s agent, it’s essential to recognize the potential pitfalls. Having an independent advocate ensures a fair and balanced transaction—one that serves both buyer and seller effectively.

For sellers: a summary.

How Will Offering Zero Buyer’s Agent Commissions Impact the Pool of Buyers?

While offering zero commission to buyer’s agents may appear to save you money, it’s crucial to consider the potential consequences. Ask your agent about the impact on buyer interest:

-Will fewer agents show your home to their clients?

-Could this reduce the overall exposure and lead to a smaller pool of potential buyers?

What’s the Trade-Off between Commission Savings and Net Sale Price?

-Although saving on commission dollars seems appealing, consider the bigger picture.

Discuss with your agent:

Could offering a competitive buyer’s agent commission lead to a higher sale price?

-Is there a correlation between commission rates and final sale prices? For example, we know that For Sale By Owner homes sell at a lower price than comparable agent-listed homes. This is likely due to a number of factors, including listing agent expertise, marketing, and financial incentives offered to buyers' agents.

How Can We Strike a Balance?

Explore a middle ground. Ask your agent:

-Is there a commission rate for my home that will attract buyer’s agents while still being cost-effective?

-Can we incentivize buyers' agents without compromising our financial goals?

Remember, it’s essential to weigh the pros and cons carefully. A skilled agent will guide you toward a decision that maximizes your net proceeds. 🏡💼

For buyers: a summary.

  • Speak to your agent about compensation before you see your first home.
  • Ask your agent to inform you if the seller on every home you see is offering compensation to the buyer's agent.
  • If you choose a home where the seller offers no compensation, make sure you understand how your agent may charge you for their services.
Questions?

Dalton Wade Real Estate

Phil Wade, Broker

260 1st Ave. S.

St. Pete, FL 33701

C: 813-505-6796

Steve Reynolds, Broker Associate/Realtor