DOJ is NOT happy 😠 with NAR Lawsuit Settlement - BUT can they stop it?!

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  • Опубликовано: 29 янв 2025

Комментарии • 105

  • @harmonw.robinsonrealtor9356
    @harmonw.robinsonrealtor9356 6 месяцев назад +5

    We need to kick NAR to the curb. Don't let DOJ make this a federal issue, it needs to be a state and local issue.

    • @brianfitzrealty
      @brianfitzrealty  6 месяцев назад

      Unfortunately it's not that simple. In most states (mine included) if the broker is part of NAR, all agents working under them must also be part of NAR. It's an antiquated system that needs updating, but apparently not high on the priority list. The DOJ is most definitely not done with NAR - at least not until November...

    • @harmonw.robinsonrealtor9356
      @harmonw.robinsonrealtor9356 6 месяцев назад +1

      @@brianfitzrealty I'm familiar with the protocol, but what has NAR done for you, the agent. I've been around this giant for 50 years and can't put my finger on one thing I've gotten from NAR.

    • @guineapigzed
      @guineapigzed 5 месяцев назад

      @@harmonw.robinsonrealtor9356 nation rip off organization
      Pure scum!
      Time to pull the bandages off!
      I’ve never had a good time with a realtor.
      They work for themselves!

    • @guineapigzed
      @guineapigzed 5 месяцев назад

      @@harmonw.robinsonrealtor9356 yep

  • @AlexNova
    @AlexNova 5 месяцев назад +1

    Truth is buyer pays it all into their new loan. Seller should just look at net and move on. Government needs to stick to taxes and move on.

    • @brianfitzrealty
      @brianfitzrealty  5 месяцев назад

      Exactly!! I can't tell you how many times I have had this exact conversation with my sellers over the past few weeks.

  • @TheeLynnChase
    @TheeLynnChase 5 месяцев назад +1

    This is the dumbest lawsuit ever. Next there will be a seller lawsuit suing over not being able to offer commission to whomever brings them a buyer! Do sellers have to sell FSBO in order to offer a commission to whomever brings them a buyer? This is the dumbest thing I've ever heard.

    • @brianfitzrealty
      @brianfitzrealty  5 месяцев назад +1

      I don't disagree, but it is what it is at this point. Just gotta move on and figure out how to best serve our clients moving forward.

  • @GregPentecost
    @GregPentecost 7 месяцев назад +6

    The big picture here is the government is interfering in the market. I am ok with necessary government intervention, but there is not a legitimate problem here. No one is being hurt and anyone who wants to operate the way the DOJ recommends can! There is NOTHING stoppping them. Let the market regulate itself - it usually comes out better than government overreach.

    • @brianfitzrealty
      @brianfitzrealty  7 месяцев назад

      I don't disagree, but the challenge is what constitutes "necessary". It's way above my pay grade, that's for sure. 🤣

    • @abbyynorman2874
      @abbyynorman2874 7 месяцев назад

      STOP paying the fees to NAR-now Marxist with Marxists LOGO! What has NAR done for RE NOTHING! Parasite organization

    • @abbyynorman2874
      @abbyynorman2874 7 месяцев назад +2

      @@brianfitzrealtywhat’s Not necessary is NAR-35 yrs in biz NEVEF needed NAR-! Put them out of bIZ & stop paying these not needed fees -

    • @abbyynorman2874
      @abbyynorman2874 7 месяцев назад +1

      Biden wants us all EQUALLY POOR-vote with your pocket book NOT your emotions! Any realtor that voted for the present admin in White House-you got what you deserve

    • @johnPxIV
      @johnPxIV 5 месяцев назад

      You're spot on with this!

  • @4realtybytoddbinns376
    @4realtybytoddbinns376 7 месяцев назад

    Great video! Thank you!!! Totally agree with all you said...

  • @michaelmurphy2067
    @michaelmurphy2067 5 месяцев назад

    great video nice job

  • @remocres
    @remocres 3 месяца назад

    i see no need for a buyers agent and when i sell it will be either fsbo or only listing agent can show and buying i only deal with list agent or owner . homes are hard enough but everyone has there had out with give me thousands and you rarely can trust anyone . i seen inside appraisers and saw the deals before grand recession . its another reason homes got too expensive

    • @brianfitzrealty
      @brianfitzrealty  3 месяца назад

      I'm not sure I entirely follow what your suggesting, but it sounds like you do not see the value in a buyer's agent. It is absolutely OK to buy a home without one. It's great that everyone has options. However, I don't think it was appraisers that made homes more expensive. It's due to the lack of homes being built to satisfy the demand for those homes. When there are 10 people bidding on one home, it's going to drive prices up.

  • @skillfulwebdesign
    @skillfulwebdesign 8 месяцев назад +1

    So if I as a home seller want to offer a sellers consession to a buyer's agent and place that offer on a 3rd party NON-MLS or BROKER website...DOJ wants to ban me.from doing that?!

    • @Luke-pc5rb
      @Luke-pc5rb 8 месяцев назад

      Yes.

    • @brianfitzrealty
      @brianfitzrealty  8 месяцев назад +1

      That's correct - the DOJ does not want ANY blanket offer of compensation in the listing itself. They are OK with the seller paying a buyer agent commission, but it has to be negotiated as part of the deal, not beforehand.

  • @GeorgeKlenkar
    @GeorgeKlenkar 8 месяцев назад +2

    Buyers are gonna be screwed. So sad for 1st time home buyers.

    • @brianfitzrealty
      @brianfitzrealty  8 месяцев назад +1

      This will absolutely hurt buyers who are barely able to scrape up enough for the down payment and closing costs as it is. I am ALREADY seeing the value of buyer leads plummet. During my new buyer consult, I explain that they may have to pay for some, or potentially all, of my commission and they look at me like I've got three heads. In the past, I'd explain it no differently, but also tell them that the situation is rare. Moving forward, it will be the norm. Until the market flips to a buyer's market, it is going to be very difficult (but not impossible) to get an offer accepted with a full buyer agent commission included. I can see most sellers paying for some portion of it and the rest being paid for by the buyer. We'll have to wait and see how it actually plays out - if every offer includes buyer agent commission, then it's impact will be much smaller.

    • @ML-ql5kj
      @ML-ql5kj 7 месяцев назад +2

      @@brianfitzrealty buyers agent fees will be going down. more buyers will be going directly to listing agents.

    • @debbie6533
      @debbie6533 7 месяцев назад

      @@ML-ql5kj True and definite conflict of interest

    • @rack9458
      @rack9458 7 месяцев назад +1

      ​@@debbie6533Are you saying there is something wrong with dual agency? Are real estate agents incapable of representing both sides?

    • @debbie6533
      @debbie6533 7 месяцев назад

      @@rack9458 not here in California

  • @FloridaLivingFun
    @FloridaLivingFun 6 месяцев назад

    Can brokers add an addendum to the new agreement stating that "Offers submitted by this broker will be submitted with a contingency on the sales contract of the seller paying the buyer broker commission?"

    • @brianfitzrealty
      @brianfitzrealty  6 месяцев назад

      Yes, I believe something to that effect will work. I'd check with your brokerage to get the proper wording though.

    • @FloridaLivingFun
      @FloridaLivingFun 6 месяцев назад

      @@brianfitzrealty I am the broker. I wish they would clarify this more. As far as submitting an offer with a statement in the additional notes section of the contract like: "Seller will pay __% commission to buyers broker" It makes it contingent on accepting the offer. I don't think the DOJ can stop that. So by letting the buyer know this plan in advance they might be more likely to sign the agreement.

    • @brianfitzrealty
      @brianfitzrealty  6 месяцев назад

      Yeah, it's frustrating seeing many of the state real estate associations not providing agents/brokers with updated forms. Every new form I've seen has been generated by a local brokerage.

    • @guineapigzed
      @guineapigzed 5 месяцев назад

      @@brianfitzrealty yep; there’s the arrogance again.
      You lot gonna insist on the same thing.

    • @guineapigzed
      @guineapigzed 5 месяцев назад

      @@FloridaLivingFun rip off artist
      This is why Freedom day August 17, we’re free.
      Scum bags rewrite to get the same end.

  • @debbie6533
    @debbie6533 7 месяцев назад

    My feeling is I wish they would make up their mind. It’s hard to move forward with this uncertainty

    • @brianfitzrealty
      @brianfitzrealty  7 месяцев назад +1

      OMG - YES!!!! Who didn't see this happening. When you blow up the organization that writes the rule book, you end up with all these other smaller organizations trying to figure it out on their own. I've seen at least a half dozen different approaches from various MLS's across the nation on how to handle it. What is crystal clear at this point is that sellers STILL want to be able to offer a buyer agent commission because they recognize that it will attract more buyers who do not have the means to pay for a buyer agent in addition to all the other closing costs/down payment. It's such a mess and I'm hearing mixed messaged from everyone. Ultimately, it will be the broker that sets the policy for his/her agents.

    • @debbie6533
      @debbie6533 7 месяцев назад

      @@brianfitzrealty My broker has us listen to the Zoom meetings with the California Association of Realtors given by their attorneys but there is still a lot of confusion. I also have my NMLS license so I am thinking about just doing the loan side, which is better than sitting on the bench until they decide who is on first. (Abbott & Costello)?? I feel it’s too risky right now.

  • @OnlyInLasVegas
    @OnlyInLasVegas 3 месяца назад

    If the seller approves it, they should be allowed to place their offer for compensation anywhere they want. I don’t know of any other occupation you are supose to work for free (with buyers) and have no idea if you’re going to ever get paid.

    • @brianfitzrealty
      @brianfitzrealty  2 месяца назад

      It does seem a bit silly. Now that it's been a few months, offers of compensation are still being made, but communicated via text/phone/email which is terribly inefficient.

  • @RoryVanucchi
    @RoryVanucchi 7 месяцев назад

    Huge step backwards.
    Only government can destroy something that functions just fine.
    Buyers paying agents eliminates 85% of Realtors.
    I see agents offer from 1-3% and builders up to 6%, so hard to grasp intent.
    Big companies will increase market share and mom pop disappear as always with meddling.

    • @brianfitzrealty
      @brianfitzrealty  7 месяцев назад

      I am already seeing consolidation happening in my market. Smaller brokerages are being gobbled up by the bigger ones. This trend will continue well into next year and perhaps beyond. The agents that are left will have tremendous upside once rates start to come down, demand softens (it already is in some spots), and inventory gets "unlocked".

  • @guineapigzed
    @guineapigzed 5 месяцев назад

    The arrogance of realtors is stunning!

    • @brianfitzrealty
      @brianfitzrealty  5 месяцев назад

      Arrogant is the last word I'd use to describe REALTORs. Nearly all that I've had the pleasure of working with over the years are caring, selfless, humble, and always looking out for their client's best interests. Are there some bad apples out there, sure, but overall, it's a great group of people.

    • @guineapigzed
      @guineapigzed 5 месяцев назад

      @@brianfitzrealty yes more arrogance,
      August 17 Freedom day!
      No longer do we need realtors.
      I’ve been paying for their services through mortgage payments that I pay interest on!
      No more, that’s where the savings come in!

    • @brianfitzrealty
      @brianfitzrealty  5 месяцев назад

      Just want to let you know that this past weekend was the changeover to the new system - most deals included compensation for a buyer agent.

    • @guineapigzed
      @guineapigzed 5 месяцев назад

      @@brianfitzrealty the mafia is strong

  • @royalricci5205
    @royalricci5205 8 месяцев назад

    This is going to be nothing but a disaster for those looking to buy. I can see agents now telling buyers 5k up front non refundable and no guarantees Those with money will be able to have representation and those out will be left out in the cold.

    • @brianfitzrealty
      @brianfitzrealty  8 месяцев назад

      It will definitely have an impact on those that need representation the most but can least afford it. I've already had to turn a few clients away that are not unwilling, but unable, to pay for my services out of pocket. When I explained that there is a real possibility that in the event that the seller would not pay my commission, they would have to walk away from the house, they were not willing to do so. In a way, it's better to have that conversation up-front rather than deal with it during the stress of an offer/negotiation. Buyer agents who are not having those conversations up-front are eventually going to run into a situation like I just described and are going to be upset for doing all that work for nothing.

    • @patmagic3301
      @patmagic3301 7 месяцев назад

      Yes, until someone jumps on this new predicament, builds a better mouse trap and dematerializes the need for agents. Just another step. Sorry inevitable 🤷‍♂️
      Maybe buyers will just tell agents to pound sand . There’s always someone willing to do it for less.

    • @rack9458
      @rack9458 7 месяцев назад +1

      This will lead to buyers contacting the seller agents directly or hire a real estate atty. No one is going to pay a buyers agent $5000 to drive around and open doors!

    • @patmagic3301
      @patmagic3301 7 месяцев назад

      @@rack9458I don’t think the average buyer can afford that. Buyers can do their due diligence ahead of time and just be house specific in a contract.

  • @dewholdingsllc1050
    @dewholdingsllc1050 8 месяцев назад +2

    As a long time REI I have always used a flat fee listing service to list my properties on MLS. As a buyer I have never used an agent. I analyze my own properties and I fill in the state promulgated forms.
    Best practice is to pay a real estate lawyer for one or two hours to review any contract and any other documents. Much less expensive than paying any % commission.
    I have never met a NASA level scientist doing real estate deals. It’s not that hard.

    • @brianfitzrealty
      @brianfitzrealty  7 месяцев назад +3

      Cool - sounds like you have figured out a process that works well for you. Since you are routinely doing deals, it makes sense to have it set up the way you have. But for most people who buy a house every 10-15 years, a buyer agent adds tremendous value.

    • @dewholdingsllc1050
      @dewholdingsllc1050 7 месяцев назад

      @@brianfitzrealty I am a firm believer in paying a lawyer for one or two hours of their time if a client needs help or I need help and any specific legal authority. That turns out to be much less money out of pocket than paying a % up to 6% of a $1M or more property. Housing markets are extremely local to a zip code. In my ACL market an SFR average home value is $750K up, most in this area are a $1M or over. Paying 3-6% on $1M sale is too high. If the DOJ and plaintiff's attorneys get their way, I see flat fee contracts between sellers and agents and buyers and agents the way of future.

    • @GregPentecost
      @GregPentecost 7 месяцев назад +1

      You miss the whole point of hiring an expert in a field. You're a REI, so am I and a former agent - very different than the typical person going through a once or twice in a lifetime event. RE is in your lane - it's not in most people's.

    • @dewholdingsllc1050
      @dewholdingsllc1050 7 месяцев назад

      @@GregPentecost Did you read my two posts above. What did I say? Pay a real estate lawyer for one or two hours of their time. I think you missed my posts. Again, pay a real estate lawyer if seller or buyer don’t understand contract law or how real estate contracts work. They are real estate experts in addition to legal experts.
      Agents and brokers are not experts to give legal advice or legal opinions and are conflicted because they are trying to get paid on the deal.This was only one class action case. Others are pending. DOJ got interested because several "expert" broker firms were posting about how to get around the jury verdict. Touting loopholes. DOJ is watching.

    • @GregPentecost
      @GregPentecost 7 месяцев назад

      @@dewholdingsllc1050 Most people don't want to pay lawyer rates to walk them through and explain each step to them.
      You already know the process. As an agent I spent most of my time helping people understand the process - the knowledge and information you now take for granted.
      I wasn't giving legal or financial advice. I was helping people understand the process.
      As an investor I do what you do, but that's because I know the process and only need to call in that particular expert when they are necessary. You and I have knowledge of the RE process that 99.9% of people do not have.

  • @JeffTetzlaff-is8nj
    @JeffTetzlaff-is8nj 6 месяцев назад +1

    I may be a simpleton consumer, but I have sold my home 5 times in history. Felt cheated every time having to pay a buyer agent. I bought homes 5 times, and buyer agent provided NOTHING. As a consumer, I will be interested to see how a buyer agent type sales person is going to get buyers to pay them to do something the consumer can do better than the agent. I will laugh at the agent who says to me, "please sign this contract and agree to pay me $" or I cannot help you find a home. Really? And if I do find a home, how are you going to help me present "final & best" when it is a closed bid? You don't know anything more than me because you cannot see the other offers. Good luck getting buyer agreements signed!! I think you all are thinking like Real Estate people and not how consumers actually think. If you cannot list homes, you are going to find yourself in a different career. Like I said, I'm just the idiot consumer, and I will never agree to pay a buyer agent again. Maybe America thinks different.

    • @brianfitzrealty
      @brianfitzrealty  6 месяцев назад +1

      Price is only an issue in the absence of value. Clearly, the buyer agent offers no value to YOU, but there are many others that find the exact opposite. If you have sold 5 homes, you are WAY above the average homeowner that purchases a total of 3 homes throughout their entire lifetime. As such, you have quite a bit more experience with the process so it may make sense to buy/sell by yourself. But for the vast majority of people who do it every 20-25 years, it makes sense to enlist the help of a professional.

    • @harmonw.robinsonrealtor9356
      @harmonw.robinsonrealtor9356 5 месяцев назад

      @@JeffTetzlaff-is8nj by obtaining the loan, which includes most fees, you are paying the fee anyway!

    • @guineapigzed
      @guineapigzed 5 месяцев назад

      @@brianfitzrealty more arrogance
      It never stops with realtors, they love to get their script going.

    • @johnPxIV
      @johnPxIV 5 месяцев назад

      The buyer's agent provided a lot that you just don't understand.

  • @abbyynorman2874
    @abbyynorman2874 7 месяцев назад

    Who’d you vote for “Capitalism or Marxism”…you got what you deserved! This admin wants us all EQUALLY POOR-elections matter! 😅😂😅

  • @shawnp.2084
    @shawnp.2084 8 месяцев назад +4

    The majority of the country believes in decoupling commissions

    • @brianfitzrealty
      @brianfitzrealty  8 месяцев назад +5

      That's fine - we can decouple the commissions. But please don't complain when commissions AND home prices go up together. It's sooooo obvious to me that is what's going to happen (it's already happening) but no one seems to realize it. For experienced / value-added agents, this new system is going to work out in their favor.

    • @shawnp.2084
      @shawnp.2084 8 месяцев назад +3

      @@brianfitzrealty How are commissions going Up? The free market will decide whether 1) there is any commission 2) new brokerages are flat rate fees 3) if you increase your commissions, consumers can go somewhere else

    • @brianfitzrealty
      @brianfitzrealty  8 месяцев назад +4

      1) Nobody works for free 2) Flat fee brokerages exist today 3) This will drive out so many agents from the industry that the only ones left will be true professionals that expect to be compensated fairly for their experience and value they bring to the table. Less competition means higher prices (i.e. commission). Price is only an issue in the absence of value...

    • @shawnp.2084
      @shawnp.2084 8 месяцев назад +1

      @@brianfitzrealty you’re missing the point and Cruz of this lawsuit which is steering. Sellers can offer zero or very little compensation to the buyers side. In the past that same seller would get blackballed and have their house sit on the market. On top of that, the doj has made this a personal vendetta

    • @larryjones9773
      @larryjones9773 8 месяцев назад

      @@shawnp.2084 Brian doesn't understand how the free market is supposed to work. Most buyer's agents (about 1,000,000) will be 'fired' as soon as the changes are implemented. This industry has lied to homeowners for decades by saying that buyer's agent's services are FREE. That lie will now come back to haunt them. No buyer will now agree to pay a broker, since it has been 'FREE' for decades.
      The buyer's agent in this video gets waterboarded (at 5:03, with an assist from the DOJ), for refusing to lower his fee. It worked. He lowered his fee. The free market and a little waterboarding WORKS. ruclips.net/video/bL6ZBNv2EQ8/видео.html