There are big changes coming up which will affect how buyers, sellers, and agents will be allowed to do business with one another.
I believe there will be chaos in the marketplace for many months until the real estate and lending industries sort themselves out.
The changes will go into effect when and if the courts ratify settlement arrangements which have been agreed upon by the parties to a number of class action lawsuits. It is thought that the courts will ratify in mid-summer.
I believe that the upcoming changes will make it much more difficult for people to buy and sell. 76% of buyers want to be represented by a buyer agent. If and when the practice changes embodied in the NAR Proposed Settlement go into effect, buyers will have to pay their Buyer Agents in cash. This will reduce their funds for down payment. Unless the lending industry changes its guidelines on allowable seller credits, there will be a catastrophic shrinkage in the already-stressed pool of potential first-time homebuyers whose biggest challenge is usually coming up with funds for down payment. If demand shrinks, so will home prices--possibly by a lot more than the commissions home sellers will not be paying to buyer agents.
Realtors® should expect to see the practice changes go into effect around mid-July 2024 and will be required to abide by them. However, the settlement agreement is still subject to final court approval, so it is possible that the deadlines and specific practices outlined below may be modified in the coming months.
“Cooperative Compensation” refers to the practice of a listing agent offering a portion of their commission to an agent or representative of the Buyer.
Cooperative Compensation can no longer be advertised on the MLS.
Cooperative Compensation is no longer required at all.
Cooperative Compensation can still be advertised off-MLS.
Sellers may offer concessions or subsidies towards a Buyer’s closing costs, which can be advertised on the MLS.
Realtors® are prohibited from filtering or restricting MLS listings shown to their clients based on broker compensation.
Written Buyer-Broker agreements are required before touring a property.
Realtors® are prohibited from leaving compensation open-ended in their buyer-broker agreements.
Realtors® are not allowed to say their services are free.
Cooperative Compensation must be conspicuously disclosed to Sellers in writing. Seller approval is also needed before making an offer of Cooperative Compensation.
Realtors® must conspicuously disclose to prospective Sellers and Buyers that broker commissions are not set by law and are fully negotiable.
Big changes are always confusing. The confused mind does nothing.
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