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Want to Save Money Buying or Selling a Home? A New Policy Will Help

Agent commissions could get kicked to the curb when rules go into effect


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Lower real estate agent commissions may be on the horizon — welcome news for home sellers and buyers who often have to fork over thousands or more to get through the process.

Why? After a litany of lawsuits, the National Association of Realtors (NAR), a powerful real estate trade group, agreed to do away with certain agent commission policies that critics say forced homeowners to pay artificially inflated costs to sell their homes.

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Expected to go into effect in mid-July, this major change to the way real estate agents have operated going back to the 1990s could lead to homebuyers and sellers negotiating lower agent commissions.

As part of the agreement announced Friday, the NAR would pay $418 million to help compensate home sellers across the U.S. Details on who will get a piece of the compensation are not yet available.

6 percent agent commissions a thing of the past? Or maybe no agent at all?

Currently, agents working with a buyer and seller typically split a commission of 5 percent to 6 percent that’s paid by the seller. This practice essentially became customary as home listings included built-in offers of “cooperative compensation” between agents on both sides of the transaction.

The rule changes the NAR agreed to as part of the settlement could give home sellers and buyers more impetus to negotiate lower agent commissions.

“It may take some time for the changes to impact the marketplace, but our hope and expectation is that this will put a downward pressure on the cost of hiring a real estate broker,” said Robby Braun, an attorney in a federal lawsuit brought in 2019 in Chicago on behalf of millions of home sellers.

Analysts with Keefe, Bruyette & Woods also anticipate that the NAR rule changes will lead to lower agent commissions and could persuade some homebuyers to skip using an agent altogether.

“In our view, the combination of mandated buyer representation agreements and the prohibition of blanket compensation offers made by listing agents and sellers should result in significant price competition for buyer agent commissions,” the analysts wrote in a research note Friday.

Setting the stage for homebuyers to negotiate a more competitive price for their agent’s services, the rule changes mean home shoppers will have to factor in how to cover their agent’s compensation.

Homebuyers could still ask a prospective seller for a concession that includes money to help cover the buyer’s agent compensation. However, a home seller with multiple offers could refuse such a request or opt to go with a bid from a different buyer who isn’t asking for such a concession.

“The real solution is for the industry to work to remove regulatory barriers that make it difficult for buyers to include this compensation in their mortgages,” said Stephen Brobeck, senior fellow at the Consumer Federation of America.

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The NAR has faced multiple lawsuits over the way agent commissions are set. In late October, a federal jury in Missouri found that the NAR and several large real estate brokerages conspired to require that home sellers pay homebuyers’ agent commissions in violation of federal antitrust law.

The jury ordered the defendants to pay almost $1.8 billion in damages — and potentially more than $5 billion if the court awarded the plaintiffs treble damages.

Who and what the settlement includes

The settlement, if approved by the court, would resolve that and similar suits faced by the NAR. It covers more than 1 million of the NAR’s members, its affiliated Multiple Listing Service and all brokerages with a NAR member as a principal that had a residential transaction volume in 2022 of $2 billion or less.

“Ultimately, continuing to litigate would have hurt members and their small businesses,” Nykia Wright, NAR’s interim CEO, said in a statement. “While there could be no perfect outcome, this agreement is the best outcome we could achieve in the circumstances.”

The settlement does not include real estate agents affiliated with HomeServices of America and its related companies.

Last month, Keller Williams Realty, one of the nation’s largest real estate brokerages, agreed to pay $70 million and change some of its agent guidelines to settle agent commission lawsuits.

Two other large real estate brokerages agreed to similar settlement terms last year. In their respective pacts, Anywhere Real Estate agreed to pay $83.5 million, and Re/Max agreed to pay $55 million.

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