Understanding Recent Changes in Real Estate Compensation: What Buyers and Sellers Need to Know
On August 17, a historic change reshaped real estate transactions, following a settlement by the National Association of Realtors (NAR). This impacts how compensation is handled, bringing more transparency to the process for both buyers and sellers. But what exactly has changed, and how does it affect you as a consumer of real estate services?
Understanding the Changes in Real Estate Compensation
While compensation in real estate transactions has always been negotiable, the way this compensation is paid might change. When selling a home, the homeowner now has a choice of whether to pay a buyer’s agent or not. This option has always existed, but a recent lawsuit and the resulting rule change have drawn more attention to it.
Benefits for Consumers
This shift is advantageous for consumers as it brings more transparency and disclosure about who pays what and how much. For professional real estate agents, this change also highlights their value—or lack thereof—to consumers.
To enhance this transparency, the Georgia Association of Realtors has updated the forms used in transactions. For instance, the Exclusive Seller Brokerage Engagement Agreement, the document used to engage a client when marketing and selling their home, now provides more details about compensation paid to both the seller’s broker and the buyer’s broker. Real estate professionals can now better explain how compensation works, the choices sellers have, and the pros and cons of offering or not offering compensation to a buyer’s broker. Ideally, this conversation should have been happening even before the rule change, but that was not always the case.
New Requirement for Buyers
Another significant rule change requires buyers to sign an agreement with their real estate agent before they start looking at homes, whether in person or virtually. This document has been in use by many Realtors, including The Curtin Team, but is now mandatory. The Georgia Association of Realtors has updated this document to clearly state the compensation the buyer’s broker will receive. Known as the Exclusive Buyer Brokerage Engagement, this document outlines scenarios where a buyer’s broker may be compensated, whether directly from the buyer, the seller, or the seller’s broker, and specifies the amount and services covered.
At The Curtin Team, we have always trained our partner agents to begin a relationship with a buyer by meeting to understand their goals and educate them on the process—including how we are compensated and the benefits of signing an engagement to work together.
Types of Compensation for Buyer’s Brokers
Compensation for brokers working with buyers can take various forms, including but not limited to:
– A fixed-fee commission paid directly by the buyers.
– Concessions from the seller.
– A portion of the listing broker’s compensation.
I am thrilled that this practice is now required, bringing more transparency to our industry. I believe it will elevate professionalism and encourage those who may not best serve buyer clients to pursue other directions. This change presents an opportunity to showcase our value.
Industry Impact
“This isn’t a significant shift for us, but our industry has never seen anything like this,” said Joanne Curtin, Founder of The Curtin Team. “We have more buyers coming to us now seeking expert guidance, and we are confident in providing a superior customer experience by having these conversations and highlighting potential value gaps between Realtors,” she added.
We are already seeing a shift in buyer engagement and increased transparency. Buyers might want to limit the number of days they agree to the engagement or restrict the contract to specific homes.
Changes in Communicating Compensation
Another new rule states that offers of compensation cannot be communicated on Multiple Listing Services (MLS). What does this mean? If a listing broker gets a seller’s approval to make an offer of compensation to a buyer’s broker, it cannot be shared on an MLS. However, it can be communicated through other marketing avenues. Therefore, it is more crucial than ever to hire a real estate professional with a strong marketing presence and a solid local agent network.
Benefits of Offers of Compensation
Offers of compensation benefit both buyers and sellers. For buyers, it ensures access to representation throughout the homebuying process, helping them achieve homeownership on terms that best suit them. For sellers, it attracts more buyers and broadens the pool of prospective buyers by lowering the barrier for those who may not be able to afford to pay buyer agent compensation out of pocket.
For Sellers
Compensation is negotiable. The amount you pay should reflect the value you receive. Your real estate professional should guide you through the available options and help you make the best choice for your home sale. Trust your real estate professional, but if they cannot clearly explain your options and justify their compensation, seek a second opinion.
For Buyers
In Georgia, it’s “buyer beware.” Due diligence falls on the buyer, so having a professional guide you is wise. Asking a Realtor to show you a home without signing an agreement is not an option. If someone is willing to break the law and do it anyway, consider whether that is the person you want representing your best interests. Now more than ever, a strong relationship with an experienced real estate team is crucial!
We are here to answer your questions and provide guidance. Please reach out if we can assist you.
