What does it mean for Home Buyers and Buyer's agents the latest changes in NAR commission split?

Posted on
March 16, 2024

Listing agents are now barred from utilizing the Multiple Listing Service (MLS) to present commissions to buyer’s agents. Agents representing buyers must now engage in written agreements with homebuyers, explicitly outlining service charges. This measure ensures transparent communication regarding agent service fees to potential homebuyers. As a result, buyer's agents must now showcase their worth to potential homebuyers in a market undergoing commission adjustments.

Why this change in the commission split between seller and Buyer's agents?

The legal action directed at the National Association of Realtors (NAR) is centered on allegations of antitrust breaches related to the association's guide lines regarding real estate agent commissions. Specifically, a collective of Missouri homeowners contended that NAR's regulations enforced excessive fees for agents, notably concerning the commission paid to buyer's agents. These alleged practices, as per the lawsuit, were deemed violations of federal antitrust legislation. Consequently, the lawsuit aimed to obtain damages from NAR, potentially amounting to triple damages reaching up to $5.4 billion.

When will the new NAR rules take effect?

The new rules are anticipated to go into effect in the middle of July.

How are the verdict and NAR settlement affecting Buyers' agents?

Now the problem is that the buyers would have to pay off of their pocket the commission because the lenders won't cover this expanse. This can go two ways: buyers will take on the search for a property to avoid paying the commission or the buyers' agents have to prove their value they bring to the buyers a lot more then gating information about the property. Even though the value of having a person negotiating and drafting transition document on buyer's behalf is valuable, buyer doesn't understand this value until they decide to make an offer on a property and have to deal with the headache of negotiating price and purchasing conditions for a property.  

The buyer's agent problem is that it'll be hard to demonstrate value to a buyer until actual transaction taking place. This triggers a much more comprehensive marketing package that a Buyer's agent have to prepare to attract buyers. A competitive advantage has been proven when Buyer's agents present insightful analysis about the possible options to improve and add value to the property after purchasing it. Agents can just go online to lookup the address of the property and order a Development Analysis for the property.

How are the verdict and NAR settlement doing to affect Home Buyers?

 The elimination of the "Participation Rule," which previously mandated seller agents to offer compensation to buyer agents, could lead to more flexible negotiations between buyers and sellers. This flexibility has the potential to put downward pressure on home prices, potentially making homes more affordable.

 

The settlement also emphasizes transparency. Buyer agents will now be required to have written agreements with their clients, outlining the services provided and the associated fees. This ensures clear communication from the outset, allowing homebuyers to make informed decisions about their representation. Additionally, the settlement removes NAR's control over how buyer agents are compensated. This opens the door to innovative fee structures that could further benefit homebuyers. However, this changing landscape also means the value of the buyer agents' compensation might be impacted. Homebuyers may need to be more involved in negotiating their representation to secure the best fit for their needs.

If you wonder how the new zoning regulations influenced the value of your property, check your address here.

How are the verdict and NAR settlement affecting home sellers?

The recent legal settlements between the National Association of Realtors (NAR) and homeowners regarding agent commissions present both potential benefits and challenges for home sellers. On the positive side, economists predict a significant decrease in commissions by up to 30%, which could translate to lower closing costs for sellers. This represents a substantial financial advantage, making home selling potentially more affordable.

However, the impact on selling prices is a matter of debate. While lower commissions could incentivize sellers to reduce listing prices, some experts believe sellers may choose to absorb the cost savings as increased profit. This could lead to a scenario where sellers benefit from lower closing costs without a significant change in overall market prices.

How are the verdict and NAR settlement going to affect the value of real estate properties?

Some experts predict a decrease due to the potential reduction in selling costs, particularly the buyer's agent commission. Their logic suggests that without this cost factored into valuations, sellers might be incentivized to lower prices. However, opposing viewpoints, like that of REDFIN CEO Glenn Kelman, argue for possible stability. This perspective highlights that historical valuations already considered the seller's cost of the buyer's agent commission. Consequently, sellers might not adjust prices downward simply because the commission is no longer explicitly paid. This scenario could leadto sellers pocketing the difference that previously went to the buyer's agent, potentially inflating the final sale price. Additionally, questions linger about how long sellers can maintain potentially inflated prices without adjusting to market realities. Furthermore, the current high-interest rates might influence buyer affordability, impacting overall demand.  

We'll stay in touch!

Felicia Nitu,
— CEO and Co-founder, CityStructure
Felicia Nitu - Founder and CEO of CityStructure

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