By MICHAEL EDLEN | Special to the Palisadian-Post
By now, most people have heard or read about the recent lawsuit settlement agreement made by the National Association of Realtors. This agreement will not take effect until July, and there is already much misinformation about the outcomes, even from federal government officials.
Some of the statements have implied that real estate transactions could become almost free, making homeownership more affordable, and consumers would be much better protected. This settlement would assure none of this.
- The settlement forces real estate brokers to reduce their compensation. Not True. The settlement does not impose any limits on what Realtors can charge or on the services they provide. Realtor fees have always been negotiable, in line with the competitive nature of the industry. There is a wide variety of fees, levels of marketing, service and professional competence.
- The settlement will, for the first time, prohibit sellers from paying a commission to a buyer’s agent. Not True. Sellers have never had an obligation to pay buyer agent compensation, even though it has long been a general practice in this country to incentivize buyer’s agents to ensure optimal exposure to a seller’s listing. The agreement does restrict properties with an offer of buyer agent compensation from being displayed on a Realtor-owned MLS. Still, the practice cannot be restricted in any other form of marketing. Sellers may still choose to pay buyer agent compensation to help differentiate their properties.
- The settlement relieves sellers of any financial burden of buyer agent fees. Not True. Sellers may decide not to offer buyer agent compensation, but they still have various costs in the transaction. Buyers may choose to write an offer that includes a contingency requiring the seller to cover some of their costs or request other concessions.
- The settlement will reduce the total costs of transaction services, leading to lower prices that, in turn, make home ownership more affordable. Not True. The market supply and demand always determine real estate values. Real estate transaction costs include many other charges besides the fees paid to agents involved. Even if the commission is reduced by 1% because of increased pressure on the brokerage community, it would have a relatively small impact on the cost of the home. Also, most likely, few sellers would then believe their home was worth less and gladly give that difference to the buyer. Homeownership is less affordable at the present time due to economic market forces, such as interest rates and very low inventory available in nearly all areas of the country, not because of typical brokerage commission structures.
- The settlement benefits buyers, who will now be able to negotiate their fee for representation. Partially True.
Buyer representation has traditionally been compensated by sellers, which benefits buyers who are obtaining a loan because it allows them to finance that amount over time instead of coming up with additional cash to close the escrow. On the other hand—and especially for all-cash buyers—this settlement might somewhat lower the buyer’s costs. One difficulty with the settlement in this regard, though, is if a buyer obtains a VA loan, they are prohibited from any buyer-paid commissions. - The settlement results in significant restitution to consumers who were “harmed” by their real estate transactions in recent years. Not True. While the settlement fund is huge, the attorneys are requesting the court to give them over $80 million in fees. From what we are informed, with more than 20 million people in the “settlement class,” the projected payout per seller works out to between $10 to 13 each.
- Because broker’s fees will now be negotiable, costs for real estate transactions will always be lower now and into the future. Not True. As pointed out in the previous clarifications, sellers may elect to offer buyer’s agents even higher compensation of one sort or another, depending on the real estate market. In a “buyer’s market” environment, which we have not experienced since 2010, there may be a variety of incentives sellers will choose to offer.
There will certainly be procedural changes in the industry due to the settlement and other lawsuits, but the fundamentals of residential real estate will essentially be much the same. It’s crucial to recognize and appreciate the complexities of real estate transactions, and the essential roles of Realtors in providing services to both sellers and buyers. The brokerage community has always been able to adapt to changes in the world, and no doubt, by this summer, it will have done so again.
Also, in defense of the real estate industry and profession, this is an unusual field in which the agents often must work long and at odd hours in the best interests of their clients—be they buyers or sellers—and without any compensation until they help people achieve their goals.
While it is true that the most successful agents do earn a great deal of income through their work, the average agent in this country has a taxable income of less than $50,000. They take on a great responsibility and assume the risks of managing their business, hoping to end the year with some compensation for their investment of time and money.
Michael Edlen has been a Realtor for more than 35 years, has experienced three major real estate cycles, and provides consultation services to people with questions regarding their real estate properties and investments. He may be contacted for a confidential discussion at 310-600-7422 or michael@edlenteam.com.