There has been a lot of conflicting information that has been reported about the National Association of Realtors (NAR) lawsuit settlement. The settlement has not been approved yet, and there could be additional changes.
Here are the current facts:
Effective on or about July 15, 2024 all Realtors will be required to do the following:
- Buyer's agent commissions cannot be disclosed on the Multiple Listing System (MLS).
- Agents must have a Buyer's representation agreement before a house is shown.
What does this imply for you?
The settlement would preserve the choices consumers have regarding real estate services and compensation.
Sellers:
- A listing agent will negotiate the listing commission with the seller.
- Once this rule goes into effect, listing brokers and sellers could continue to offer compensation for buyer broker services, but such offers can not be communicated via the MLS.
Buyers:
- A written buyer's agent agreement specifying the maximum commission the buyer is responsible for is necessary.
- Just as sellers negotiate commissions, buyers will now negotiate with their agents.
- Buyer commissions can be paid directly from the buyer, as a seller paid concession, or as a portion of the listing broker's compensation.
- Buyer agreements can cover one or multiple properties and/or span a defined time period.
- The buyer's agent should document the commission amount and how it is to be paid on the sales contract, which can match or be less than the agreed-upon amount in the buyer's agreement.