NAR Settlement: Understanding the Impact on Real Estate Compensation

In light of recent developments surrounding buyer’s agent compensation in real estate, it’s essential to stay informed and prepared for the changes ahead. The National Association of Realtors (NAR) settlement has triggered significant adjustments that impact both buyers and sellers alike. Here at Powers Realty Group, we are committed to providing you with clarity and guidance through these changes.

Understanding the NAR Settlement

The NAR settlement involves a substantial sum of $418 million, to be paid out in installments over the next two years, pending final approval by the court. This settlement addresses various aspects of buyer’s agent compensation and aims to bring transparency and fairness to real estate transactions.

To gain a comprehensive understanding of the settlement terms, you can refer to the NAR Settlement Overview on powersrealty.com here.

Implications for Buyers

1. Effective August 17, 2024, significant changes will be implemented regarding buyer’s agent compensation. Offers of cooperating compensation through MLS systems will no longer be accessible to real estate agents via MLS portals. Instead, buyers and their agents will need to enter into a Buyer Agency agreement before viewing any properties together.
2. This means that buyers and their agents must establish compensation terms beforehand, either as a fixed dollar amount or a percentage of the sale price paid at closing. Sellers are not prohibited from offering compensation to buyer’s agents, and real estate brokerages can indicate this willingness on their websites.
3. To facilitate this transition, Powers Realty Group is proactively adding offers of compensation to our listed properties on PowersRealty.com. This adjustment aims to streamline the buying process and ensure clarity for all parties involved.

Key Amendments to Real Estate Business Practices

The NAR settlement introduces several amendments to real estate business practices, emphasizing transparency and fairness in transactions. These amendments include:

1. Prohibition of any NAR requirement for sellers or listing brokers to make offers of compensation to a buyer’s representative.
2. Elimination of offers of compensation to buyer representatives on MLS systems, including the removal of the current broker compensation field.
3. Prohibition of disclosing listing broker or total combined compensation on the MLS.
4. Requirement for buyer representatives to enter into a written agreement with buyers prior to touring any home, outlining compensation terms.

Will Agents Have to Use Buyer Representation/Agency Agreements?

Under the terms of the proposed settlement, all MLS participants must enter into buyer agreements with buyers before touring homes. This requirement is expected to apply to every residential real estate agent in the country, in addition to complying with state and local requirements related to buyer representation agreements.

For example, in Wisconsin, buyers must sign an agreement upfront establishing the terms of engagement with their REALTOR^®. Similar requirements may exist in other states, emphasizing the importance of clear documentation regarding compensation arrangements.

These changes represent a significant transformation in the real estate industry, emphasizing transparency and clarity in compensation agreements. We at Powers Realty Group are dedicated to guiding you through these changes and providing exceptional service every step of the way.