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For more than a century, when someone wanted to buy a home all they had to do was walk into a real estate office and ask the agent to start showing them properties. That agent was typically paid by the seller if a deal ever went through.

All that changed Saturday.

As part of the settlement of an antitrust lawsuit brought by home sellers, the National Association of Realtors (NAR) agreed that sellers’ agents can no longer include an upfront offer of compensation to the buyer’s agent in order to list a property on the Multiple Listing Service.

As a result, buyers may find themselves having to strike a deal with their agents to pay them for work that used to be covered automatically by the seller, negotiating a price with their agent before even looking at a property.

It’s a change that agents said they have spent months preparing for. But that doesn’t mean they’re crazy about it.

“The buyer and the tenant are the ones at … risk of losing the most, due to the fact that they may not be able to obtain or afford proper representation,” said Gregory Gray, a real estate agent based in Howard County. “It tilts the scale in favor of the seller.”

But the change was defended by NAR President Kevin Sears, who said in a written statement last week that the changes “help to further empower consumers with clarity and choice when buying and selling a home.”

“As the August 17 practice change implementation date approaches, I am confident in our members’ abilities to prepare for and embrace this evolution of our industry,” his statement said.

The lawsuit against NAR claimed that its previous rules were anticompetitive. Under those rules, sellers had to include an offer of compensation for buyers’ agents if they wanted their home to show up in the MLS, the association’s listing of properties for sale.

Under the settlement announced in March, NAR now prohibits such offers in an MLS listing. While buyers and sellers could later negotiate some payment, it’s not set in advance, leaving buyers to pay their agents’ fee.

The shift could be less painful in Maryland, which has required written buyer agreements since 2016, said Maryland Association of Realtors CEO Chuck Kasky. But the new written agreements must disclose the amount or rate of compensation of a buyer agent, Kasky said in a resource video explaining the change.

“Real estate licensees will be required to enter into written agreements with buyers before touring a home. This applies to houses listed on a multiple listing service,” Kasky explained. 

Judith Egbarin, the owner of Blue Ribbon Realty, said that under the new arrangement will hit buyers the hardest. 

“They want the buyers to pay commission to their own agents, so who’s going to lose out the most?” Egbarin asked. She answered her own question by noting that “the buyer now has to come out of pocket even more.”

She said this will add to the fees that the buyer traditionally has to pay, like down payments and closing costs. 

Jennifer Young, from Jennifer Young Realty, agreed with Egbarin. Young said the new settlement would most negatively affect first-time home buyers. 

“I don’t think it’s a good thing. So I think it’s going to hurt buyers who are no-money-down, low-money-down buyers, first-time buyers, grant program buyers,” Young said. “So there’s potentially more cost to have proper representation.” 

But none of the agents felt defeated by the settlement and, in fact, all were looking ahead. Young said her firm had been preparing its agents for months before Saturday’s shift and Gray said that the settlement will leave a competitive landscape for buyers’ agents. 

“It’s going to be very competitive, and they’re going to have to show their value if they want to obtain the commission,” Gray said. “They’re not getting it from the seller or the landlord, they’re going to have to get it from their client, and they’re going to have to be able to negotiate.”

Egbarin said that real estate will just have to adapt and adjust.

“It’s just, we need to get used to it. And we will adjust,” she said. “I’m not frustrated yet, I am very optimistic, I want to see what happens.”

– This story was updated on Monday, Aug. 19, to correct Chuck Kasky’s title in the 10th paragraph and to clarify the effect of the NAR settlement throughout.



This article was originally published by a marylandmatters.org . Read the Original article here. .


NEW RULES FOR HOW MOST REAL ESTATE PROFESSIONALS SELL PROPERTY JUST TOOK EFFECT. THAT MEANS THERE ARE SOME CHANGES YOU NEED TO KNOW ABOUT ABOUT THE PROCESS. STEVE KING JOINS US LIVE WITH THE CONCERNS THAT A PALM BEACH COUNTY REAL ESTATE AGENT IS EXPRESSING FOR HOME BUYERS. AS WE MOVE FORWARD. STEVE. TODD. THESE NEW RULES WENT INTO EFFECT AS A RESULT OF A $418 MILLION ANTITRUST LAWSUIT SETTLEMENT. NOW, PEOPLE WHO ARE GOING TO TOUR A HOME NEED TO SIGN A LEGAL DOCUMENT BEFORE THEY COULD GO ON THAT HOME TOUR WITH THEIR REAL ESTATE AGENT. GARY PORTER WITH DOUGLAS ELLIMAN, REAL ESTATE IN PALM BEACH, SAYS THIS COULD CREATE PROBLEMS FOR BUYERS. I WOULD SAY THEY’RE JUST GOING TO BE CONFUSED. I THINK THAT BUYERS WILL BE WALKING INTO AN OPEN HOUSE, AND FOR ME TO EVEN SHOW YOU THE HOME, I BELIEVE YOU HAVE TO SIGN ONE OF THESE DOCUMENTS. SO I THINK BUYERS ARE JUST GOING TO KIND OF BE A LITTLE BIT HESITANT TO LOOK AT THESE THREE NEW DOCUMENTS. MOST PEOPLE DON’T WANT TO SIGN THINGS, ESPECIALLY LEGAL LOOKING DOCUMENTS, WHEN THEY DON’T EVEN KNOW THAT PERSON. PORTER SAY ONE OF THE DOCUMENTS REQUIRES THE HOME BUYER TO AGREE TO WORK WITH THE REAL ESTATE AGENT FOR A SET PERIOD OF TIME, WHILE ANOTHER ONLY COMMITS TO SHOWINGS FOR CERTAIN PROPERTIES WITH THAT REAL ESTATE AGENT. IT GOES FROM MORE COMMITTED TO MODERATELY COMMITTED TO NOT REALLY COMMITTED AT ALL. ALL THE DOCUMENTS ALSO CAN BE MODIFIED SO IF YOU SAID YOU WANTED TO GO LOOK AT HOUSES WITH ME AND DECIDED TOMORROW YOU DIDN’T WANT TO SEE THEM OR DIDN’T WANT TO BUY ANYTHING, THEN YOU JUST BASICALLY SAY, GARY, YOU KNOW WHAT? PLEASE CANCEL THAT AGREEMENT AND WE’LL HAVE TO RESIGN AND JUST CANCEL IT. AS FOR THE MULTIPLE LISTING SERVICE, IT’S PLATFORMS NO LONGER HAVE FIELDS FOR REAL ESTATE BROKER COMPENSATION LISTED LIKE BEFORE. I HONESTLY DON’T SEE IT REALLY HELPING ANYBODY. ASIDE FROM THE LAWYERS THAT SETTLED THE LAWSUIT. I MEAN, IF YOU ARE A HOME BUYER LOOKING FOR A HOME, BUT YOU’RE UNWILLING TO PAY A BROKER AND THE SELLER IS UNWILLING TO PAY THE FEE TO THE BROKER, THE A REALTOR MOST LIKELY WON’T SHOW YOU AROUND. AND FOR MORE ON THE NEW NATIONAL ASSOCIATION OF REALTORS RULES, YOU CAN VISIT OUR WPBF 25 NEWS APP. REPORTING LIVE

Palm Beach County real estate agent says new home buying/selling rules could present problems

New regulations are now in place for real estate professionals, and a Palm Beach County real estate agent says it could cause issues for home buyers moving forward.The changes follow a $418 million antitrust settlement.Now, homebuyers must sign a legally binding agreement with their real estate agent before touring a home with that agent.Gary Pohrer, a veteran real estate agent with Douglas Elliman Palm Beach, says he has concerns about the new regulations. “I would say (homebuyers are) just going to be confused,” Pohrer said. “I think that buyers will be walking into an open house, and for me to even show you the home, you’ll have to sign one of these documents, so I think buyers are going to be a little bit hesitant to look at these three new documents. Most people don’t want to sign things, especially legal-looking documents, when they don’t even know that person.”One of the documents requires the home buyer to agree to work with the real estate agent for a set period of time, while another only commits to showings for certain properties with that real estate agent. “It goes from more committed to moderately committed to not really committed at all,” Pohrer said. “All of the documents also can be modified, so if you want to go look at houses with me and decide tomorrow, you didn’t want to see them or didn’t want to buy anything, then you just basically say, ‘Gary, you know what? Please cancel that agreement,’ and we’ll have to resign and just cancel it.”Additionally, the Multiple Listing Service platforms have undergone changes, removing fields that previously listed compensation totals for real estate brokers, both sellers and buyers.”I honestly don’t see it really helping anybody,” Pohrer said. “Aside from the lawyers that settled the lawsuit. I mean, if you are a home buyer looking for a home, but you’re unwilling to pay a broker, and the seller is unwilling to pay the fee to the broker, then a realtor most likely won’t show you around.”For more information about the new rules, click here.Stay up-to-date: The latest headlines and weather from WPBF 25 Get the latest news updates with the WPBF 25 News app. You can download it here.

PALM BEACH COUNTY, Fla. —

New regulations are now in place for real estate professionals, and a Palm Beach County real estate agent says it could cause issues for home buyers moving forward.

The changes follow a $418 million antitrust settlement.

Now, homebuyers must sign a legally binding agreement with their real estate agent before touring a home with that agent.

Gary Pohrer, a veteran real estate agent with Douglas Elliman Palm Beach, says he has concerns about the new regulations.

“I would say (homebuyers are) just going to be confused,” Pohrer said. “I think that buyers will be walking into an open house, and for me to even show you the home, you’ll have to sign one of these documents, so I think buyers are going to be a little bit hesitant to look at these three new documents. Most people don’t want to sign things, especially legal-looking documents, when they don’t even know that person.”

One of the documents requires the home buyer to agree to work with the real estate agent for a set period of time, while another only commits to showings for certain properties with that real estate agent.

“It goes from more committed to moderately committed to not really committed at all,” Pohrer said. “All of the documents also can be modified, so if you want to go look at houses with me and decide tomorrow, you didn’t want to see them or didn’t want to buy anything, then you just basically say, ‘Gary, you know what? Please cancel that agreement,’ and we’ll have to resign and just cancel it.”

Additionally, the Multiple Listing Service platforms have undergone changes, removing fields that previously listed compensation totals for real estate brokers, both sellers and buyers.

“I honestly don’t see it really helping anybody,” Pohrer said. “Aside from the lawyers that settled the lawsuit. I mean, if you are a home buyer looking for a home, but you’re unwilling to pay a broker, and the seller is unwilling to pay the fee to the broker, then a realtor most likely won’t show you around.”

For more information about the new rules, click here.

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Get the latest news updates with the WPBF 25 News app. You can download it here.



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LOS ANGELES — Thinking of buying a home with the help of a real estate agent? You can no longer take it for granted that a seller will cover the cost of your agent’s commission.

Home sellers have traditionally offered a blanket commission to a buyer’s agent when they listed their home on the market. But that will no longer be allowed as of this weekend, when various changes to U.S. real estate industry practices are set to take effect.

A homebuyer may still try to negotiate such an offer from the seller. But if they decline, that would leave the homebuyer on the hook for paying for their agent’s services.

The National Association of Realtors is behind the policy changes, which stem from its $418 million settlement earlier this year of federal class-action lawsuits that claimed U.S. homeowners were forced to pay artificially inflated real estate agent commissions when they sold their home.

Companies behind several major real estate brokerage brands, including Keller Williams, Anywhere Real Estate, HomeServices of America, Re/Max and Redfin, also agreed to pay millions and make policy changes to make home seller lawsuits go away.

The new rules, which go into effect nationally on Saturday, apply to brokers and agents representing clients looking to buy or sell a home advertised on a multiple listing service, or MLS, affiliated with the NAR.

They boil down to two significant changes: Blanket offers of compensation on behalf of sellers to buyers’ agents will no longer be included in listings posted on the MLS, though they can still be made through other means. And homebuyers will be required to sign detailed representation agreements when they hire an agent.

It remains to be seen whether the policy overhaul will lead to lower agent commissions or fewer sellers opting not to offer to cover the buyer’s agent fees.

But the changes are likely to have the biggest impact on home shoppers — especially first-time buyers already facing elevated mortgage rates, a shortage of properties on the market and record-high home prices. They will now have to factor in the cost of hiring an agent if a seller isn’t willing to cover it.

“This will have a negative impact on a buyer’s ability to purchase a home, and so there are going to be quite a few large-scale changes in the buyer’s process,” said Bret Weinstein, CEO of Guide Real Estate, a brokerage in Denver.

Homebuyer representation agreements

Home shoppers who want to work with an agent will have to sign an agreement upfront that details the services that agent will provide and how much they will be paid, including whether it’s through a commission split with a seller’s agent.

Generally, an agent who represents a buyer typically receives around 2.5%-3% commission based on the purchase price of the home. Agents then share part of their commission with their brokerage.

Similar buyer representation agreements are already required in roughly 20 states. However, the new rules require that buyer agreements be completed before an agent begins working on a client’s behalf. That includes before the agent takes a buyer to tour a home, whether in person or virtually. A buyer can still go to an open house without signing a representation agreement.

“The big change now is that we are required to ask the buyer to commit to us early and hire us early in the process,” said Andrea Ratcliff, a Redfin agent in Indianapolis, where the policy changes were rolled out July 1.

One home shopper she spoke with was put off by the changes and the prospect of covering an agent’s fees, she said.

“They definitely weren’t ready to commit to me — weren’t ready commit to any agent, because they weren’t prepared to take on that cost,” Ratcliff said.

Removing buyer-agent compensation offers from home listings

Traditionally, a buyer’s agent’s commission has been paid by the seller. Agents who work with homeowners to market and sell their home would list the property on an MLS and include how much their client was offering to pay a buyer’s agent, a practice known as an offer of “cooperative compensation.” That’s when a seller agrees in advance to offer a commission on the sale of their home to be split between their agent and the buyer’s representative, typically around 2.5%-3% each.

The home sellers behind the lawsuits against the NAR and others argued sellers have had little choice but to offer to cover the buyer’s agent’s compensation in order to ensure their listing was shown to as many prospective buyers as possible.

To address this, homes listed on an MLS will no longer include a seller’s offer to cover the cost of a buyer’s agent’s services. However, they will still be allowed to advertise them practically anywhere else, including the agent’s own website, a display at an open house, or when communicating directly with an agent representing a prospective homebuyer.

Sellers may still elect to pay for a buyer’s agent’s compensation, but without the pressure of making a public, blanket offer on the MLS. Some may opt to pocket the savings and only cover their own agent’s commission.

“If there’s not a clear offer of cooperative compensation from the seller through their broker to the buyer’s broker, then yeah, it’s going to be part of [the] negotiation,” said Kevin Sears, president of the National Association of Realtors. “I think that will be something that we see changing in the marketplace.”

Where does this leave buyers and sellers?

Much of how the industry policy changes play out for buyers and sellers will depend largely on the state of the local housing market.

In a sluggish housing market where homes are taking longer to move and sellers are having to lower prices, it’s more likely that a buyer will be able to negotiate for the seller to cover their agent’s commission. In a hotter market, where properties are selling fast and receiving multiple offers, sellers will have the leverage to accept an offer from a buyer who isn’t asking for them to cover their agent’s fees.

While sales of previously occupied U.S. homes have been in a slump since 2022, years of underbuilding and other factors have kept the inventory of homes for sale at near all-time lows. That’s pushed up prices and fueled multiple offers for many homes, giving a clear edge to sellers in most markets.

Still, real estate agents say sellers should keep offering to cover the buyer’s agent commission.

“We’ve advised that it would be wise for sellers to continue to be open to covering some or all of the buyer’s costs, because the last thing you want to do when you are selling something is to make it complicated for someone to buy it or to limit the number of people who can buy it,” said Alex McEwen, associate broker with Selling Utah in Orem, Utah.

As for homebuyers, they will have to budget for the possibility that a seller won’t cover their agent’s fees. Those who can’t afford to do so may have to come to an arrangement with their agent to only pursue listings where the seller is offering buyer’s agent compensation.

Will commissions come down?

It’s unclear whether the policy changes will spur sellers or buyers to negotiate lower broker commissions, and whether they’ll succeed if they do.

Buyer-agent commissions have eased somewhat this year: The average buyer’s agent commission fell nationally from 2.62% at the beginning of the year to 2.55% through July 14, according to an analysis by Redfin. However, because home prices have kept rising this year, the average commission paid to a buyer’s agent in dollar terms has risen about 1.7% since January to $15,377.

Stephen Brobeck, senior fellow at Consumer Federation of America, expects that more sellers will be encouraged to negotiate with their agent to lower their commission by at least half a percentage point.

“That represents, over the course of a year in the housing market, a very large sum of money,” he said.



This article was originally published by a finance-commerce.com . Read the Original article here. .


A landmark settlement in a lawsuit against the National Association of Realtors could transform how homes are bought and sold starting on Saturday, potentially lowering commission costs and providing greater transparency.

But it could also complicate home purchases for first-time buyers and shake up the real estate brokerage industry.

“This is an opportunity for us to adjust and adapt. In this day and age, so many people are seeking out transparency, and this change in practices gives us that,” said Natalie Davis, a Realtor with Keller Williams Realty Downtown in Denver.

Although buyers and sellers alike could always negotiate terms, including the commission rate, with their agents, industry practice settled into a pattern where sellers paid commission costs in the 5% to 6% range for both sides of a transaction.

Home sellers in Missouri sued to end the practice, which they argued wasn’t fair and had them paying more out of pocket than necessary. The National Association of Realtors settled the case in March for $418 million and agreed to change some of its long-standing practices effective Aug. 17.

One of the biggest changes regards the posting of what a seller would pay an agent bringing a buyer to the table on the multiple listing service or MLS, which local Realtor associations have historically owned.

Agents could see the cooperative compensation information, but consumers didn’t have easy access. So long as sellers were footing the bill, wrapping the commission costs into the sales price, which lenders would finance, it didn’t matter much.

“No longer can real estate brokers put their commissions on the MLS. But they can put that information on their own websites. That is what you are going to see more of. But that will be up to each individual brokerage,” said Tyrone Adams, CEO of the Colorado Association of Realtors.

Buyer agents can contact the listing agent directly to obtain that information when it isn’t publicly available, an added step, but not a huge one.

Separating the commission information from platforms owned by Realtors was meant to address allegations of collusion, while also providing sellers more flexibility in compensating buyer agents.

“Sellers will need to be aware that by not offering compensation, they may diminish the buyer pool. It is the buyer’s choice, not the Realtor’s choice,” said Kelly Moye, a Realtor based in Northglenn.

Steering, or the practice of agents avoiding listings that are less favorable to them, is still prohibited. But it isn’t against the law for buyers to set such conditions.

That is where the tug of war will happen. A buyer who doesn’t have the extra money to cover their agent’s commission may want to limit the listings they consider to only those where the seller has agreed to pay.

But the starter-home market is also where homes sell the fastest and with multiple offers.

Even when the seller is willing to pay a buyer’s agent, showing up with a commission request below the competition could save a seller money and push an offer to the top, said Holden Lewis, a home and mortgage expert with Nerd Wallet in a blog post.

By negotiating on the front end with their agent, buyers can improve their chances when it comes to securing a purchase.

Agents will want to get paid — either by the seller or the buyer — and contracts will state that. But if the buyer is strapped, which is often the case with first-time buyers, they should try to negotiate terms.

“The contract will state how much you will pay the agent representing you either in a flat fee or a percentage of the purchase price, both of which are open to negotiation. Other elements up for negotiation include duration of the contract and geographic area (one or more addresses, zip codes, cities, and counties) for the scope of your search,” Holden said.

The settlement requires buyer agent agreements, which Colorado has long required.  Even standardized contracts leave room for negotiating. If an agent isn’t willing to budge or can’t seem to justify what they are asking for in compensation, consumers are encouraged to look elsewhere.

“As to the regular contract with a financial obligation to compensate the buyer agent, they should not sign this agreement unless they’ve read and understood it and it’s fair to them,” said Stephen Brobeck, a senior fellow at the Consumer Federation of America.

Buyers should request a copy of the agent contract and review it closely before signing, avoiding agents who don’t provide an advanced copy. Buyers should always weigh the services they will receive against the costs.

“We suggest they aim at the dollar equivalent of 2% or less of the sale price,” Brobeck said.

The average buy-side commission paid on a home purchased in Denver was 2.56% in July, down from 2.64% in January, according to a study from Seattle brokerage Redfin. Denver had the 18th highest commission of the 50 metro areas that Redfin examined.

Home tours a sticking point

Most listing agreements don’t allow a buyer to show up and tour a home on their own, aside from an open house. Part of that is to protect sellers, who typically leave when a showing is held and who don’t want strangers walking through their personal space unaccompanied.

The National Association of Realtors, as part of its proposed settlement, is requiring that brokers sign a “touring” or “showing” agreement before taking a potential buyer through a property. It isn’t a full-blown buyer-agent agreement, but will likely discuss compensation should the person touring decide to buy a home.

“The idea is to provide transparency to the buyer regarding compensation and where it will come from,” Moye said.

The Colorado Real Estate Commission, however, argues that showing agreements aren’t required by state law and are part of licensed brokerage duties, said Marcia Waters, director of the Colorado Division of Real Estate.

“That isn’t a consumer-friendly practice and if someone wants to see a property, they shouldn’t be forced to sign an agreement,” Waters said, adding the commission has told the Colorado Association of Realtors as much in a letter.

The Real Estate Commission provides many standardized forms the industry uses, but hasn’t created touring agreements and doesn’t plan to, Waters said.

“If brokers are using touring agreements, they have to hire a licensed Colorado attorney to draft those,” she  warned.

A tougher time for first-timers

Current homeowners who are trading up will typically have enough equity in their homes to cover the cost of an agent. They are also less likely to need hand-holding and can take on more tasks themselves. More concern is focused on first-time buyers.

“First-time buyers are those who need the agent the most. They are also the least likely to be able to afford their buyer agent compensation,” said Lindsey Benton, broker/owner of Live.Laugh.Denver. Real Estate Group.

Downpayment and closing costs are already a burden for many first-time buyers and covering agent fees will add to the upfront expenses that lenders still haven’t figured out how to roll into a mortgage. First-time buyers are also the most vulnerable if they try to go it alone.

The changes could revive less common practices, such as transaction brokers, who behave as arbitrators for both sides rather than fiduciaries for one side or the other, or using an attorney to draft a legally binding contract or buyer self-representation.

New technology-focused alternatives are already arriving. On the same day the NAR changes took effect, San Francisco startup Shay, which describes itself as the “first self-representation” platform for homebuyers, launched.

The tagline on its homepage is: “Buy a home without a realtor. Save $1000s.”

“Paying a real estate agent a fixed percent of a home transaction is simply a bad deal for many homebuyers. We enable homebuyers to save money by doing it themselves. This is similar to how TurboTax gives tax filers an alternative to accountants or Expedia gives travelers an alternative to travel agents,” said Peter Jeffrey, the company’s CEO and founder in a news release.

The platform offers more than 20 guides to help buyers with each step of a transaction and claims its AI models can generate offers, assist with negotiations and review agreements.

Adams counters that purchasing a home is the most complex transaction most consumers will ever undertake and having a trained professional assisting comes with important benefits.

“People will have more conversations about these things and understand what it means for them. That isn’t a bad thing,” he said.

Originally Published: August 17, 2024 at 6:00 a.m.



This article was originally published by a www.denverpost.com . Read the Original article here. .


Buying or selling real estate is perhaps the most complex transaction you’ll ever make.

That’s the cautionary adage some Maryland realtors tell prospective buyers and sellers. Hire us, they say, and we’ll advocate for you until the keys change hands.

How agents are compensated for that time and effort is the central focus of several changes coming Saturday to the National Association of Realtors. While denying any wrongdoing, the trade organization agreed to a sweeping overhaul of how it operates to settle a class-action lawsuit that alleged its policies and practices had artificially inflated commissions at the expense of sellers.

The settlement agreement ends the practice of posting compensation offers alongside properties on multiple listing services, and realtors must also sign a written compensation agreement with buyers before touring a home.

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Maryland has a law on the books requiring buyer agreements that disclose the specific amount or rate of compensation the real estate broker will receive. Even as realtor associations in the state say their fees have always been negotiable, the settlement has attracted fresh attention to the practice.

Here’s what Marylanders need to know.

Agent commissions add up

Agents representing both buyers and sellers have traditionally split a commission of 5-6% of the sales price, often paid by the seller. The Maryland Association of Realtors estimated the median sales price for a Maryland home was $430,000 in May, putting compensation around $21,000-$25,000 to be split between buyer and seller agents.

Some agents are concerned the policy changes will put more pressure on homebuyers to come up with financing for commissions, said Sarah Rayne, CEO of the Howard County Association of Realtors.

A home listed for sale on Multiple Listing Services will no longer include a blanket offer of “cooperative compensation,” in which the seller pays for a buyer agent’s commission. Buyers can still ask sellers during negotiations to pay for their agent’s fees.

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The practice of sellers’ agents splitting a commission with the buyers’ agents is known as cooperative compensation. The settlement agreement changes the way properties are advertised to no longer include a blanket offer of cooperative compensation to a prospective buyer’s agent when they advertise the property.

“They’re already kind of struggling to come up with a down payment, closing costs, all that money that you need to bring to the table in order to buy your first home,” Rayne said.

Rayne said first-time homebuyers are getting priced out of Howard County, a hot market where some starter homes are listed around $500,000 to $600,000. The lack of affordable inventory can contribute to a lot of competition for listings, she said.

If buyers are concerned about affording an agent, they may go into a transaction alone. They may have cost savings upfront, Rayne said, but they won’t have an advocate heading into financial negotiations later.

“They need somebody there who can help them work through this process,” she said.

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Figure out what you need

Not everyone is going to need an agent. That’s one of the tips Joanne Cleaver, a former real estate journalist and author of a book on negotiating realtor commissions, has learned over the years. The writer runs a Facebook group for buyers and sellers centered on negotiating how agents represent them.

For example, some property transactions require the help of a real estate attorney. If the attorney can handle the negotiations and transaction, perhaps an agent isn’t necessary, Cleaver said. Retaining a real estate lawyer could cost less than an agent commission in some cases.

First-time homebuyers or people searching for property in another state may prefer to work with an agent who has knowledge of a region or specific expertise. Experienced buyers and sellers also shouldn’t assume they can go it alone, Cleaver said.

That’s why it’s crucial for buyers to do research before hiring an agent.

“This is not ‘House Hunters,’” Cleaver said. People may think they need to move fast, but she cautions against signing a contract with an agent out of eagerness to buy a house.

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Sellers can also reduce the cost of commissions. Cleaver likes to ask agents what work they do beyond listing the home. Could some of that work, such as organizing an open house, be handled by the seller, Cleaver said.

When Cleaver was selling a home in Michigan, she found a discount agent who agreed to a flat fee of about $900 in exchange for listing the home. She reused old listing photos, wrote up the home description herself and timed the listing to go live on a Friday in hopes of catching the weekend house hunting crowd.

Within hours, Cleaver said, the agent forwarded an inquiry that resulted in an offer by the end of the day.

If an agent balks at a buyer or seller’s request to negotiate, Cleaver recommends not hiring them.

“Agents are really in a moment where they need to prove their value,” she said.

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Talk to more than one agent

Buyers and sellers should interview several agents before signing an agreement, said Cheryl Abrams Davis, president-elect of the Maryland Association of Realtors. The organization represents about 28,000 realtors.

“This is like anything else that you do in life when you go to a doctor or hire a tax preparer,” she said. “Those same questions you’re going to ask of them, you’re going to ask of your realtor.”

Abrams Davis recommends asking realtors about their negotiating experience, how long they have been in business, how many buyers they have worked with and how many houses they’ve sold. Reviews from other clients are important too, she said.

“The beauty of this process is that there are various options” for agent financing, Abrams Davis said. Some agents ask for a flat fee, and others set a percentage rate of the sales price.

The Maryland Association of Realtors puts out its own list of recommended questions for first-time homebuyers in choosing an agent. Association leadership said agent compensation must be specific, such as a percentage of sales price, a flat dollar amount or a combination of both. It cannot be open-ended.

“We are all about making sure there’s transparency about the process for all Marylanders and anyone moving into our state,” she said.





This article was originally published by a www.thebaltimorebanner.com . Read the Original article here. .


HOUSTON, Texas (KTRK) — Realtors are bracing for the biggest shakeup to their business in decades. Starting Saturday, Aug. 17, their commission structure will change.

The new rules result from a settlement announced in March by the National Association of Realtors. They eliminate the long-standing 6% commission sellers pay, which could potentially lower home prices.

Before this settlement, the industry was essentially setting commission rates.

A seller’s agent typically charges the seller 6% and shares the fee with the buyer’s agent.

Starting Saturday, sellers won’t be expected to make commission offers to buyer agents. That gives them the potential to pocket more money from selling their property.

RELATED STORY: Biggest shakeup in a century set to hit real estate agents this week

Starting August 17, new rules will roll out that overhaul the way Realtors get paid to help people buy and sell their homes.

It also means home buyers will ultimately be responsible for compensating their agent.

“We’ll see how this goes,” Tricia Turner with Tricia Turner Properties said. “Right now, buyers don’t have extra money. They have to come up with their closing costs and downpayment. To stick another fee on top of that is definitely going to change things. I will tell you, homeowners already are saying, ‘No. I don’t want to pay that buyer agent’s compensation.'”

Under the new rules, home buyers will also be required to sign a representation agreement with an agent before even touring a home.

For updates on this story, follow Briana Conner on Facebook, X and Instagram.

SEE ALSO: In 22 states and DC, buyers need six-figure household income to afford a typical median-priced home

A new report finds that in nearly half of US states, buyers will need a six-figure household income to afford a median-priced home in their state.

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In this do-it-yourself digital age, home sellers and buyers alike might wonder if they need Realtors — or, more precisely, to pay Realtor fees. Just how crucial are these agents to a successful real estate transaction?

Well, a good agent is really pretty useful. Especially if you’re buying a home: Agents have access to information you don’t, and it takes time and expertise to research properties, find the best ones for you and put together a strong offer. But sellers see many benefits, too, especially when figuring out the best asking price. Your home will still need to be staged, listed on the market and shown, too. Here, we’ll take an in-depth look at how real estate agent fees work and what you get for the money.

One important note first: Changes to the way commissions work went into effect on August 17, as a result of a long legal battle settled by the National Association of Realtors and several major brokerages. The commission system, and how it has changed, is outlined below.

The NAR lawsuit

In October 2023, a federal jury found that the National Association of Realtors (NAR), along with several large brokerages, conspired to inflate Realtors’ commissions. All of the brokerages settled out of court, and as of March 15, 2024, NAR did the same.

As a result, the longstanding traditional real estate commission model — that is, sellers footing the bill for both their own agent and their buyer’s, typically totaling 5 to 6 percent of the home’s sale price — is upended. Now, sellers’ agents may no longer make offers of compensation to buyers’ agents on the MLS (multiple listing service, a vast database of for-sale homes accessible only to industry pros). Home sellers might no longer need to pay the agent who represents their buyer, which could open the door to much more competition among buyer-side agents, and even more potential for fee negotiation.

How much are Realtor commissions?

Let’s recap the traditional commission model, before the rule changes took effect.

Only a very small portion of Realtors work on salary — working on commission is much more common. For years, the typical going rate was 6 percent, split down the middle between the buyer’s agent and seller’s agent. But it began to fluctuate with the advent of discount brokers and the rise of online, publicly accessible listings.

Of course, real estate commissions can be negotiated, and nowadays they typically run somewhere closer to 5 percent of a home’s sale price. That means the means the more expensive the home, the more money the agents make. The exact terms of an agent’s commission vary from sale to sale, and can depend on the region and which firm they work for.

Let’s look at an example. A 5 percent commission on a $250,000 home sale would come to $12,500. But on a $1M sale, a commission at the same rate would come to $50,000.

Assuming a 5 percent total commission under that model, here’s roughly what sellers could expect to pay based on the price their home sells for:

Home’s sale price
Seller’s agent commission (2.5%)
Buyer’s agent commission (2.5%)
Total commission (5%)

$250,000
$6,250
$6,250
$12,500

$500,000
$12,500
$12,500
$25,000

$750,000
$18,750
$18,750
$37,500

$1,000,000
$25,000
$25,000
$50,000

Seller vs. buyer commission

Sellers sign a listing agreement with a Realtor in which they agree to pay a commission fee after the transaction closes. If it’s an “exclusive right to sell” arrangement, they pay the fee even if they found the buyer on their own.

Commissions for both Realtors in the transaction have traditionally been paid by the home seller: Both the buying and selling agents are paid with proceeds from the sale of the home. These two agents typically split the total commission — so for a 6 percent commission, the selling agent would receive 3 percent and the buying agent would receive the other 3 percent. Now that the new rules have kicked in, that is changing.

It also changes in the case of dual agency, when one agent represents both the buyer and seller in a transaction. Laws about this vary by state; in some states, dual agency is not permitted. In this type of scenario, pay particular attention to the home appraisal to ensure you’re getting a fair price. While agents have a fiduciary duty to their clients, with dual agency, the lines can get blurred.

As Samantha Fish, an agent with Wesely & Associates in Grass Valley, California, points out, agents are still required to act in their clients’ best interest. “It’s in our ethics; it’s in our contract,” she says. “If someone comes into my open house and they like it, but they don’t have an agent, at that point I can say, ‘let me get you an agent from my office’ so they feel like they’re being represented 100 percent as well.” Still, buyers working directly with a listing agent may have more room for negotiation because the seller may agree to a lower selling price if the agent agrees to lower their fee.

The brokerage’s cut

Real estate brokerages may get a cut of the commission as well. The brokerage RE/MAX, for example, has a split commission setup by which its agents receive 95 percent of the full commission from the sale, and 5 percent goes back to the company.

“The broker has to set the policy and oversee, monitor and supervise everything the agent does,” says Patrick Duffy, broker/owner of Duffy Realty in Miami. “And if the agent does something fraudulent or unprofessional, the broker gets sued.”

What do real estate agent fees cover?

You might wonder, what services does this commission fee buy me? One of the biggest ways buyers benefit from working with a Realtor is gaining access to the MLS, the database Realtors use to see and list properties for sale.

The fee compensates the agent for time spent answering questions and helping you through the process. An agent is also able to utilize their skills and contacts to negotiate, find properties and take you on tours of multiple homes.

A Realtor’s fee covers a wide range of costs for sellers as well, including marketing materials, staging and showing the property, coordinating open houses and contacting agents of potential buyers. When an offer comes in, the listing agent negotiates on behalf of the seller, often presenting one or more counteroffers. A lot goes into listing a home, such as:

Creating a comparative market analysis to establish a competitive price
Arranging for photo shoots, sometimes including aerial shots via drone
Writing descriptive listing copy to attract interest from other Realtors and potential buyers
Providing staging guidance
Showing the property multiple times to prospective buyers
Hosting open houses, often on weekends
Providing yard signage
Making sure listings are populated on all major property search websites
Helping the seller review and negotiate buyer offers

As with most of the other expenses related to real estate transactions, a Realtor’s fee isn’t paid until the sale closes.

Average real estate commissions by state

Overall, the national average Realtor commission in 2023 was 5.49 percent, according to data from Clever. In all but a few states, the average commission ranged between 5 and 6 percent.

Keep in mind, though, ​​that Realtors may accept a lower commission for high-priced homes to earn a higher amount overall: Their piece of the pie may be smaller, but it’s a richer slice. “For example, if I’m listing a $4 million home at 6 percent, that’s a lot of money,” Duffy says. “In a situation like that there is greater flexibility to negotiate the commission — if you get $100,000 or $80,000 instead of $120,000, it’s still a good payday.”

Here are the average real estate commissions by state, according to Clever:

State
Average commission rate

SOURCE: Clever

Alabama
5.45%

Alaska
6.00%

Arizona
5.44%

Arkansas
5.99%

California
5.11%

Colorado
5.62%

Connecticut
5.47%

Delaware
4.88%

District of Columbia
5.49%

Florida
5.37%

Georgia
5.81%

Hawaii
4.78%

Idaho
5.50%

Illinois
5.35%

Indiana
5.56%

Iowa
5.67%

Kansas
5.58%

Kentucky
6.00%

Louisiana
5.56%

Maine
5.17%

Maryland
5.34%

Massachusetts
5.45%

Michigan
5.92%

Minnesota
5.82%

Mississippi
6.07%

Missouri
5.58%

Montana
5.50%

Nebraska
5.25%

Nevada
5.80%

New Hampshire
5.25%

New Jersey
5.21%

New Mexico
5.90%

New York
5.39%

North Carolina
5.52%

North Dakota
5.00%

Ohio
5.99%

Oklahoma
5.95%

Oregon
5.03%

Pennsylvania
5.48%

Rhode Island
5.50%

South Carolina
5.62%

South Dakota
5.49%

Tennessee
5.58%

Texas
5.73%

Utah
4.90%

Vermont
5.49%

Virginia
5.45%

Washington
5.25%

West Virginia
6.67%

Wisconsin
5.15%

Wyoming
6.00%

How to avoid paying Realtor fees

Selling your home without the help of a real estate agent — called “for sale by owner” or FSBO for short — is certainly possible. Between July 2022 and June 2023, 7 percent of home sales were sold by owners without the help of an agent, according to NAR data. But selling without an agent’s help is a lot of work to do on your own, much of it complicated.

If you don’t want to go it alone, ask agents from the outset what their commission is and compare the terms of each person you talk to. If you think the fee is too high, talk to them about lowering it. If the transaction is being handled on both sides by agents from the same brokerage, you might have more leverage to negotiate as well.

Alternatively, you could consider working with a low-commission real estate agent, who will likely charge much less than a traditional agent would (usually 1 to 1.5 percent of your home’s sale price). However, since they’re receiving a smaller commission on each property, these agents are typically focused on volume. As a result, you might not receive as much personal attention as you would with a traditional Realtor.

There are also brokerages and agents who work on a flat-fee basis. In other words, no matter how much your home sells for, they’ll receive a set amount rather than a percentage of the sale price.

If you want to avoid Realtor fees and sell your house quickly, another option could be selling to an iBuyer or a company that buys houses for cash. Both options will allow you to finalize your home sale fast, without paying any agent commissions. But the offers from these buyers will be less than you’d likely fetch in a traditional sale, and some charge service fees that are equivalent to what you’d pay in commission anyway.

Finally, remember that even if you’re not paying Realtor fees, there are still plenty of other closing costs associated with selling your home. For instance, you may be on the hook for things like title transfer fees, attorney fees, property taxes and more. And even if you sell without an agent of your own, you may still be on the hook to pay your buyer’s agent.

FAQs

What percent commission do most real estate agents charge?

Typically, each agent involved in the transaction (one for the buyer, one for the seller) earns somewhere between 2.5 and 3 percent of the home’s sale price as their commission fee. However, the amount is negotiable — and new rules as of August 17, 2024, mean the seller may no longer be obligated to pay their buyer’s agent’s fee.

Do sellers or buyers pay fees to the real estate agent?

Traditionally, sellers have been the ones who covered real estate agent commissions — both for their own agent and for the buyer’s. That changed on August 17, 2024, as a result of the NAR lawsuit settlement. Now, buyers may (or may not) be responsible for paying their own agent directly. The details of each transaction will be different.

How much commission do you pay on a $500,000 home?

It depends on the specific terms of each agent’s commission. Commissions usually total somewhere between 5 and 6 percent of the home’s purchase price — on a $500,000 transaction, 5 percent comes out to $25,000 and 6 percent comes to $30,000.



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Homebuyers face a changing housing market this weekend as major shifts to how real estate agents are paid take effect.

The National Association of Realtors (NAR) groundbreaking new commission-sharing agreement will end the common practice of home sellers automatically covering the fees for real estate agents on both sides of the transaction. The new rules start on Saturday.

The agreement is the result of the settlement of a series of lawsuits brought over the past few years challenging the long-held practice of splitting the sales commission between the seller and buyer agent. Plaintiffs in the legal battles, primarily home sellers who paid both agents, claimed commission sharing, also known as cooperative compensation, artificially inflated the cost of a home sale.

Although the NAR was the main defendant in several cases, other major brokerages, including Keller Williams and RE/MAX, were also named co-defendants. With the NAR settlement, however, most of these lawsuits will have been settled, clearing the way for a change in how realtor fees are negotiated.

Now, real estate agents are prohibited from advertising shared commissions on local databases, called multiple listings services (MLS), and buyers will instead have to negotiate their agent’s fees before they start viewing homes.

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How will the NAR agreement change agent commissions?

Even though these fees have always been negotiable, most homeowners entering into a listing agreement with a realtor have typically paid between 5% and 6% commission on the sales price, which was split between the agents representing the seller and buyer. The ultimate goal of the lawsuits was to reduce this percentage, thereby saving sellers money.

Since the settlement announcement in March, there has been a slight decrease in the typical percentage paid to buyers’ agents. According to a report from Redfin, the typical seller is paying the buyer’s agent a 2.55% commission through the period ending in mid-July. By comparison, the typical commission paid in January was 2.62%. The question is whether the new commission model will accelerate the decline in fees paid.

Marty Green, principal at the Texas-based law firm Polunsky, Beitel, Green, believes that once the agreement goes into effect, commission changes will remain modest — at least for now.

“It’s not likely they are going to turn a switch on August 17th, and suddenly everything’s going to be different,” Green says. The immediate effect will be more transparency between agents and their clients, emphasizing the buyer’s side of the commission discussions and whether sellers want to keep splitting commissions. Some sellers may decide to continue the practice to make their homes more attractive to buyers.

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Who benefits most from the change in how real estate agents are paid?

Although the settlement is meant to benefit all sellers and buyers, that may not be the case, according to Daniel Smith, founder of Keepingly, a home management platform. If the traditional model of commission sharing is fundamentally altered, it could simply lead to more upfront costs for buyers.

“For many consumers, particularly those with limited financial flexibility, this could make homeownership more challenging,” Smith says.

Aside from home sellers, who can decide if they want to continue footing the bill for the buyer’s agent and how much they are willing to pay, the other winners in this scenario are likely to be high-income buyers. These clients have the means to cover the costs of their own agent’s commission and may be more likely to shop around and negotiate agent fees.

On the other hand, the agreement could increase the challenges low-income and first-time buyers face in an already difficult housing market. Part of the settlement agreement includes a provision that buyers must sign a contract with their agents before touring any potential homes. That contract will likely include language that outlines how the buyer will be responsible for paying the agent’s commission if the seller decides not to.

If buyers have to pay for their agent’s representation, that cash needs to be paid upfront with the down payment and closing costs or somehow rolled into the mortgage, increasing the borrowed amount and the monthly payments along with it.

The increased cost of representation could also lead some buyers to hire an inexperienced agent or forego representation altogether, which could put them at a disadvantage when negotiating a home price or concession.

It will take time to measure exactly how much change the agreements will bring about to agent commissions. For now, it’s more important than ever that sellers and buyers understand the potential impacts of the settlement. For sellers, Green says, this means deciding whether to pay the buyer’s agent and for buyers, how to structure their offer in a way that makes financial sense.

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How new real estate rules are set to reshape home buying and selling across the U.S. – CBS News

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Starting Aug. 17, new regulations will change how real estate commissions are handled, potentially lowering costs for homebuyers and sellers. Under the new rules, buyers and sellers will have the opportunity to negotiate commissions directly with their agents, a shift that could impact everyone involved in the real estate market.

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EDINA, Minn. — The experience of buying or selling a home is changing. A recent National Association of Realtors settlement now requires buyers and sellers to negotiate house sale commissions, including who pays and how much.

A recent overhaul changed the way realtors get paid to help people buy and sell their homes. It’s part of a $418 million settlement announced in March between a nationwide group of homeowners and the National Association of Realtors.

“For consumers, it’s going to be more transparent and it really should be a smooth process,” said Jamar Hardy, president of Minneapolis Area Realtors. “Historically, a seller’s agent charged home sellers a fee, usually 5% or 6%, which was then split with the buyer’s agent. On a $500,000 home that would be $30,000 in commission.”

Lawsuits alleged the standard practice violated antitrust laws, though the association has long argued that the commissions were always negotiable.

Moving forward, buyers who previously didn’t have to pay a commission to their realtor who helped them purchase a home will be expected to pay for the service. Sellers will have to pay for their agent but will no longer have to pay for the buyer’s agent.

Listing agents and sellers will be prohibited from including offers of compensation to buyer agents on the multiple listings services, better known as the MLS.

“If sellers aren’t offering payouts right up front, that negotiation is going to happen at a time of offer, so we’ll see a little change there because again, that offer of compensation won’t be visible to us anymore,” said Hardy.

Real estate commissions in Minneapolis have fallen minimally since March, after the announcement of the settlement. It fell from 2.6% in March to 2.56% in mid-July.

Analysts with TD Cowen expect the settlement could reduce realtor commissions by 25% to 50%. Another change requires buyers’ agents to discuss their compensation upfront.

“I think that’s going to be the biggest change for both consumers and agents. It’s not just allowing somebody to walk through that house because we have a showing, let ’em run through really quick to see things,” said Hardy.

There are 22,000 real estate agents in Minnesota. Hardy says some may leave the business because of the changes,but others will thrive.

“I think competition is going to win out in the end, and people are going to truly know what we do for a living and understand what they’re paying for,” said Hardy.

The new rule changes the National Association of Realtors agreed to as part of the settlement take effect on Saturday.

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