NAR Settlement Announced – Now What?

by Tammy Murphy | Mar 19, 2024 | BLOG, Buyers, Current Events, Neighbor Chat, Networking, Podcast, Real Estate News, Real Homes to Love, Sellers

NAR Settlement Announced – Now What?  If you are like many, this is the breaking news and hot topic – and depending on your news source – highly debatable!  As with ANYTHING you should do your own research, ask questions and seek to understand as to HOW THIS AFFECTS YOU.  Everything is being distorted when it comes to the NAR Settlement and it does not necessarily mean that Realtors have CUT their commission, or that you don’t need to use a Realtor, or any other variety of click bait topics being trolled!

First, the settlement that was “announced” is an agreement that is YET TO BE ACCEPTED.  It is subject to still change and just as the DOJ previously had made an agreement with NAR that they then RESCINDED – nothing is set and final, until the ‘fat lady of justice process’ actually SINGS.

Second, NEVER has the commission rate been decided or directed by NAR; nor is it set in stone – it has ALWAYS BEEN NEGOTIABLE.  It has been a process that was incorporated in the sale of a home to be paid by the seller proceeds, that also allows for the compensation to the BUYER’S AGENT without having the Buyer come out of pocket directly for the payment of their Agent’s fee for services; which for 116 years was an agreeable process and standard industry.  Now What??

MY TAKE on this – which I have been in the business since 2001 and seen many changes in the process – some for the better service of our clients; ease of business for the Agents; and in general, just because of technology changes.  IF YOU KNOW ME – then you know I have had my pulpit moments for just about all of those changes! LOL

In this case, I think the NEGATIVE IMPACT of this “settlement” stands to hurt our BUYERS and SELLERS – ultimately doing EXACTLY THE OPPOSITE of what “was intended” by this lawsuit / settlement.  Why do I say that?  Well, if the BUYER is now responsible to PAY for their Realtor FEES, it is currently only able to be done OUT OF POCKET and NOT ROLLED INTO THEIR LOAN.  So someone looking to purchase a $100,000 home, not only needs to have the 3.5% (5 or 10 or whatever down-payment percentage determined by them for the loan they are seeking) PLUS the closing costs (which BTW were NOT included in this lawsuit discussion as “needing to be negotiable for the Buyer so they were fully aware of what their costs are / were”) which can be 1%-5% depending on where / what are closing costs are factored into the specific type of loan they are using.  This DOES NOT INCLUDE the Out of Pocket Expenses Buyer has for the PROCESS: Inspections and Appraisal fees (typically anywhere from $400-$1500+) again – DEPENDING on the type of property, location and type of loan.  SO MANY VARIABLES that go into determining WHAT THE BUYER is going to pay – and yet ANOTHER REASON THE BUYER NEEDS TO HAVE A REALTOR ON THEIR BEHALF THAT IS WORKING TO ENSURE THEY UNDERSTAND EVERYTHING INVOLVED WITH THEIR PURCHASE.

Don’t even get me started how this is setting the country up for massive issues with Fair Housing Violations, REDLINING, and a complete DISCRIMINATION against all those from First Time Buyers – to our MILITARY – to everyone else who may be in a “situation” that takes special care!

If you are a SELLER – you will be affected in a different way and should ask questions of any Realtor you look to HIRE, as to what this means for YOU.

If you are a BUYER – you will be affected THE MOST, and having a honest discussion with a Realtor you seek to HIRE, is critical to ensure YOU get the representation you want / need and understand HOW THEY WILL BE PAID.  Again, so many factors involved depending on the house, location, and loan you want…make sure you get the answers you need to be able to do what is BEST FOR YOU.

For the people who may have ever thought REALTOR SERVICES ARE FREE – that is WRONG.  Of course the fee for using a Realtor is being PAID (by someone) and for those who FAILED TO DISCLOSE WHO WAS PAYING FOR THE REALTOR(s) – SHAME ON YOU for getting us all into this mess!  (But YES, there is A LOT that we do that is “extra” and sometimes we do A LOT OF WORK and don’t get to the closing table – which means we are NOT GETTING PAID!)  Having our commission tied to the actual CLOSING PROCESS ensures that we are COMMITTED TO THE PROCESS FOR OUR CLIENT (otherwise it just becomes an ala cart pricing structure that you pay each time you want us to show a house, write a contract, attend an inspection, negotiate an issue, etc…)  my eyes are rolling back in my head at this point!!!

Want to know more about what I think??  I cover it here on an BONUS episode of The Real-Tea Podcast and I am ALWAYS HAPPY TO ANSWER YOUR SPECIFIC QUESTIONS FOR YOUR SPECIFIC SITUATION 😉  Watch the video episode on YouTube at https://youtu.be/aY6P6J3zTr4  or audio version on Spotify at https://podcasters.spotify.com/pod/show/real-homes-to-love/episodes/The-RealTea-on-NAR-Lawsuit-Settlement-e2h8dhi.

And YES – there is reliable details about all of the FACTS, this site is PUBLIC and available to update YOU on this subject (without the rhetoric, hype, or click bait!!)  FACTS.REALTOR