08/20/2024
Buying a home is one of the most significant financial decisions you’ll ever make. We, the Realtors at Ketcham Realty Group, have demonstrated that we are a trusted resource. As an educated and experienced Broker, I am still ready to guide you through the homebuying journey and help you make the best decisions for your situation. With NAR’s recent settlement, there are several items designed to benefit homebuyers and make the process more transparent. Here’s what you need to know:
What the Settlement Means for Homebuyers:
- Written Agreement with Your Agent: Before you start touring homes, you must sign a written agreement with your agent. It may be just to see that particular house, or it might be for real estate services in general. Make sure this agreement reflects the terms you’ve negotiated and that you clearly understand the services provided, their associated costs, and your obligations.
- Key Components of the Buyer Agreement: The agreement with your agent must include four essential elements regarding compensation:
* A clear disclosure of the exact amount or rate of compensation your agent will receive or how it will be determined.
* Objective compensation terms (e.g., a specific dollar amount, flat fee, percentage, or hourly rate) and not open-ended.
* A clause prohibiting the agent from accepting compensation for brokerage services from any source that exceeds the agreed amount or rate.
* A clear statement that broker fees and commissions are fully negotiable and not set by law.
- In-Person & Virtual Tours: These written agreements apply to both in-person and live virtual home tours.
- Exceptions: You won’t need a written agreement if you’re just chatting with an agent at an open house or inquiring about their services. If you ask them real estate-related services, they will ask you to sign an agreement.
- Seller Compensation to Your Agent: The seller can still offer compensation to your buyer's agent. This information can no longer be shared on a Multiple Listing Service (MLS). The information about the sellers' or their brokers' offers should be shared with you by your buyer's agent.
- Buyer Concessions: You can still receive other concessions from the seller, such as offers to cover your closing costs.
What the Settlement Doesn’t Change:
- Once we decide to work together, I will continue to be your advocate throughout the home-buying process. Our written agreement will outline both of our responsibilities to each other.
- Your agent’s compensation remains fully negotiable. If your agent is a REALTOR®, they must adhere to the REALTOR® Code of Ethics and engage in transparent discussions about compensation. Be sure to ask questions and understand the services you’ll be receiving.
- You have so many options when buying a home. Work with an experienced and educated agent to ensure you make the best decision for your family's needs.
Abbe Justus
Ketcham Realty Group
Whether you’re a REALTOR®, brokerage leader, MLS executive, homebuyer, or home seller, the resources here provide the facts and latest updates on NAR's settlement agreement related to broker commissions.