NAR Settlement VS Commissions: What you need to know

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  • Опубликовано: 10 июн 2024
  • The NAR just settled a massive case that could greatly affect how real estate agents do business. If you're a realtor and are wondering how this could affect your commissions, in this video I break down my initial thoughts about how this landmark shift may affect sellers, buyers, and their agents.
    Tiffany Webber is a real estate attorney and owner of Thomas & Webber, a real estate law firm in Mooresville, North Carolina. They handle both commercial and residential real estate closings, estate planning, and business formations.
    If you'd like to work with Thomas & Webber, please email info@thomasandwebber.com
    00:00 -- The Settlement
    02:25 - Impact for Realtors
    04:45 - The Path Forward?
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Комментарии • 33

  • @nickkatzer1475
    @nickkatzer1475 2 месяца назад +5

    The Seller is not paying the buyers fee, the Listing Agent is. It is very similar to a general contractor hiring a sub- contractor. The owner pays the general the general pays the subs. That is it. Is the fee to the Selling Agent negotiable, yes it is. This should have never gone to trial.

  • @deadcarz4926
    @deadcarz4926 2 месяца назад +3

    I was studying to take my test. Not now!

  • @samrei6223
    @samrei6223 2 месяца назад +3

    I don't see how listing agents will be able to lower their commissions...if they have to do all the showings, help confused buyers navigate getting a loan, deal with looklilous, etc...maybe initially but after the first year the agents left will start negotiating for additional commission for a buyer agent or to compensate someone on their team that does deal with the buyers.

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад +2

      This will be an interesting few months to here what the Real Estate Commission says

  • @paulscozzari1787
    @paulscozzari1787 27 дней назад

    Do you think this will lead to more dual agency transactions?

  • @michaelmatusa11
    @michaelmatusa11 2 месяца назад

    Things will work themselves out. May be a silver lining for buyers agents in that they could charge a flat fee that would guarantee them some income regardless if a home is bought. I'd be willing to pay a few thousand to a sellers agent as a fee if he reduced his commission on any sale.

  • @GiveyourselfAraise
    @GiveyourselfAraise 2 месяца назад +3

    This could really hurt the VA buyer that can’t bring money to closing even if they want to

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад +1

      We’ve been talking about this A LOT behind the scenes. I think something will have to change with how VA loans are currently working.

    • @joelballard4955
      @joelballard4955 2 месяца назад +1

      If a person doesn’t even have 5k in savings the last thing they should be thinking about is buying a house. Commissions need to cut drastically. There is not a realtor alive worth 6% of a 4-500k purchase. Agent commissions should be 1500-2500 each. Tops. This system of commissions needs broken.

  • @Starfish2145
    @Starfish2145 2 месяца назад +1

    Total compensation to the buyer from the seller on an FHA loan is 3% max. If buyer needs closing cost assistance and commission assistance to their buyer agent, this will not work.

    • @cobrabtc
      @cobrabtc 2 месяца назад

      Sure it does. The buyer’s agent gets paid less.

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад

      Negotiate seller concessions

  • @peterbedford2610
    @peterbedford2610 2 месяца назад

    Perhaps the biggest take away from this event will be that buyers and sellers will be more aware of the fact that sales contracts are negotiable, as are offers and counter offers during the process. Realtors often abused their knowledge by implying to their clients that certain aspects of the deal were not open to negotiation.

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад

      That is what I believe the main goal of the settlement is.

  • @gloriagunning4088
    @gloriagunning4088 2 месяца назад +1

    This will be good for real estate attorneys who can do a flat fee to guide buyers through the buying process because most buyers find the house they want online and don’t really need to pay an outrageous amount of money to a buyers agent.

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад +2

      Possibly...It could also have A LOT of work fielding questions and calls

    • @gypsy317
      @gypsy317 2 месяца назад

      @@TheRealEstateLawyer , yes, many real estate agents are so "concerned" that buyers won't have representation. I think hiring a real estate lawyer would be a much better option than hiring a real estate agent (who I think isn't even supposed to give any legal advice) to help with buying a house. Most people are quite capable of viewing houses on the internet and checking those houses out. If they're interested in a house, then they would retain a real estate attorney to guide them through the process and also possibly negotiate with the seller.
      I think an hourly fee structure would make more sense than a flat fee. Even at $500/hr, it would take 12 hours of billing time to get to about $5,000 in fees, and probably a real estate law office like this would have lower paid paralegals (or some type of assistants) who could handle a lot of the questions.
      Compare $5,000 in billing to a real estate lawyer to 3% of $1,000,000 house sale price of $30,000!! No comparison and you would get better advice from an attorney.

    • @DolceIbarra
      @DolceIbarra 2 месяца назад

      This is going to be a cash cow for attorneys.

    • @countrysister700
      @countrysister700 2 месяца назад +2

      If a buyer needs a Buyer Guide they need an agent.

    • @tigerx22
      @tigerx22 22 дня назад

      A buyer wont afford an attorney for the amount of time it can take.

  • @Starfish2145
    @Starfish2145 2 месяца назад

    We already have transaction coordinators! They do paperwork

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад +1

      Some do, not many.

    • @tigerx22
      @tigerx22 22 дня назад

      Most tc organize paperwork & check timeline & email your contract out for signatures. They dont decide for u which document to use for what & the verbiage to input & negotiation abilities

  • @Starfish2145
    @Starfish2145 2 месяца назад +1

    There is no incentive for buyers agent to show the property of the seller that’s not offering any compensation! Duh

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад +1

      Yeah there is…it’s called a fiduciary duty to the buyer when they enter an agreement.

    • @countrysister700
      @countrysister700 2 месяца назад

      ​@@TheRealEstateLawyer Under the new practice, if my low income buyer can't really afford to pay me but agrees to say 1% in the Buyer Rep Agreement, they won't want to see houses where seller won't help them pay me. Viewing a zero pay properties will be a fruitless fight unless the buyer has deep pockets. I'll tell them and let them decide, but the viewing likely won't happen.

  • @Starfish2145
    @Starfish2145 2 месяца назад

    There is no standard commission!!!!

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад

      There’s common practice but not a regulated set amount

  • @scottalexander814
    @scottalexander814 2 месяца назад +1

    So list the comp to buyer elsewhere. This won’t change anything.

    • @TheRealEstateLawyer
      @TheRealEstateLawyer  2 месяца назад

      I believe it will change a lot.

    • @countrysister700
      @countrysister700 2 месяца назад +1

      Realtor here. I think this has opened the festering wound of our allowing "bimbo" agents and poor PR to turn public opinion against agents. Those same plaintiffs won't fuss about their attorneys eating a huge piece of the settlement pie tho. We'll have to deal with a time window where the public may learn the hard way what the real estate transaction is like without compensated advocates. Will wait and see