08/15/2024
Starting Saturday, August 17th, changes stemming from the National Association of Realtors (NAR) settlement in the Stitzer-Burnett case will come into effect. These changes will impact how real estate transactions are conducted, particularly in how buyer's agents and their compensation are handled.
Two major rule changes will be implemented:
Written Agreement Requirement: Buyer's agents must now have a formal written agreement with their clients. This change ensures that the terms of representation, including compensation, are clearly defined from the start of the home-buying process, before touring homes. The agreements must include the agent compensation, a term stating the agent cannot receive compensation that exceeds the agreed amount or rate, and that broker fees are fully negotiable and not set by law. Although buyer agreements have been used in the industry for years, they are now mandatory. I think this will lead to better-defined roles and improved buyer agency overall.
Advertising Compensation Restrictions: NAR-affiliated Multiple Listing Services (MLS) will no longer advertise the compensation offered to buyer's agents. This does not prevent sellers from covering the cost of the buyer's agent if agreed upon. Look for the buyer's agent's commission to be written into the offer as a credit from seller to buyer, unless the buyer chooses to cover the cost out of pocket.
I'm sure we will see an evolution in the process as feedback is received from the market. Ultimately, I think we will see positive change and more transparency.
If you have any questions or concerns about how these changes might affect your real estate transactions, please don't hesitate to reach out.