All the things to know about what you see in the news about the real estate industry
And wow. There has been a LOT of news out there lately. You’ve probably seen the headlines over the last week or so, about the “seismic” changes coming to the real estate industry. Lots of info out there feels an awful lot like clickbait, to say the least, and in most cases, it’s quite confusing and misleading.
Here’s a little recap of what’s happened, what’s happening, what’s (likely) to come, and most importantly, how it might affect you if you are thinking about buying or selling real estate.
This is all facts, with my thoughts in italics…
What’s happened: Over the past few months, there have been a couple of class action lawsuits brought against the National Association of Realtors and some of the larger players in the real estate space. In short, a class of homeowners in Missouri allege that they had no idea that they had choices when listing their home, did not know they could negotiate, and felt that they paid inflated fees when listing and selling their homes.
While the suits were going on for a while, the big news came in the last week, when the National Association of Realtors agreed to settle this case. IF the settlement is approved by the court, they’ve agreed to pay out $418m over the next four years, AND make some substantive changes to the way the system works, and the way agents are paid.
The changes that will go into place, should they be approved:
- Compensation offered by sellers will no longer be visible in MLS. What this means: Up to now, commissions have been distributed this way- Sellers list their home with a listing agent for a fee (for the purposes of this exercise, we’re going to use an imaginary number of 10%). FROM that fee, they agree to offer compensation to the buyer’s agent. (In many cases, half, so in this scenario, from the 10% listing fee, each agent gets half at closing.) This compensation offered to the buyer’s agent has always been visible in MLS, and as is to be expected, there are agents who have been accused of “steering,” or taking buyers only to see homes that pay them well. This will go away to eliminate any real or perceived steering of clients.
- Buyers working with a buyer’s agent will need to sign a contract with that agent prior to viewing any homes. This is really only a variation of what’s going on now, and has from years. You should really always have a very good idea of how your agency relationship works- what your agent does for you, how they get paid, and who is paying them. Part of this is getting it all in writhing. This covers the agents, yes (because we can’t and don’t work for free), as well as the buyer, who better understands the buyer agency they’re in.
What these things mean and where I think the media has things a little twisted:
There is lots of news out there saying that “The 6% Commission is Gone!” and while that is definitely attention grabbing, it’s a bit more nuanced than that.
First and foremost, commissions are now and have always been negotiable. Now, this doesn’t mean that the agent you want, or the services that you know will fit your needs, will cost what you want to spend- but there are many, many options in the marketplace. I liken it to a little black dress- you can buy one at Walmart, Nordstrom, or Saks Fifth Avenue. They are all a little black dress, but they are definitely not the same price, nor the same quality. There may be a time and a place for each option, but they’re not interchangeable.
Our industry was definitely ripe for some change, so this will definitely bring about some interesting changes and business models.
Sellers and listing agents will likely, in many cases at least, still offer buyers’ agents commissions as part of the transaction. While there will need to be a contract in place between buyers’ agents and buyer clients that states the buyer will pay the commission should none be offered, my expectation is that sellers who want to get the most qualified buyers in there homes will indeed still use this as a form of incentive.
In the cases (and there will be some) where the sellers/listing agents are not offering any form of compensation for the buyers’ agent, the buyer will have options on “how” to pay for their representation. It can be negotiated in the contract for purchase (basically asking the seller to “pay”), or the price can be bumped up just a bit to include it.
- As it must now be made clear to sellers that they do not NEED to offer compensation, one of my largest concerns is that there will be occasions where first time and/or inexperienced buyers will feel like they cannot afford buyers’ representation, when in most cases, they can’t afford not to. By going directly to the listing agent, they’ll be working with the agent who represents the seller, and they’ll have no one on their side. (And trust me, that is seldom good for the buyer, even with a very ethical agent.)
- Another expectation/concern I have as we navigate through these changes is that while the headlines make it seem as though there will be a big reduction in the price of houses, name me another circumstance where the cost of “goods” goes down and the price of the item to the consumer drops. In other words, I have every expectation that if the neighbor sold their home for $400,000 while paying commissions to both their listing agent and a buyers’ agent, the “new” seller is not going to sell their home for less because they’re not paying the buyers’ agent compensation. They’re going to want to list at the same price their neighbor did.
I could go on. But in short, there will be lots to navigate over the next year or so. Please feel free to let me know if you have any questions. The headlines are confusing, so if you’re stumped on what’s going on, reach out. I’m happy to answer anything you might think of.
Onward!