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Did The Court Get It Right Ruling Against NAR and the Big Real Estate Brokers?
You may have heard about the lawsuit where the National Association of Realtors was sued whereby the Plaintiffs alleged that NAR conspired to inflate commissions for Sellers, also alleging that Buyers would pay their own brokers, if not for NAR basically holding Sellers hostage to getting their properties listed on the MLS. As I read some of the commentary, it sounds as though the Plaintiffs allege price fixing, and lack of transparency in real estate transactions. WOW! Is all I can say to that. Being a Realtor for going on 32 years now, I would have to disagree with some of this. From the very first class, the trainers beat it into our heads that commissions are negotiable. That agency relationships must be disclosed to buyers and sellers. That dual agency must be approved by both the buyer and the seller and they must both understand what fiduciary duties they are giving up because of the dual agency arrangement. Disclose, Disclose, Disclose is what we heard. Now as the market has changed on a dime, we are seeing anything and everything but fixed prices. Commission rates are all over the place in our market, and that is because they are NEGOTIABLE. Of course there can always be some bad actors out there in the marketplace, but to try to change a business practice that helps buyers buy, and sellers sell, and allows them the right to negotiate their price, terms and commission rates with their brokers and each other, I believe would be so disruptive and counterproductive, that the parties will just find new ways to negotiate around it.
To pay today’s real estate commission, a seller factors that into his asking price, and so does the entire market place. If that changes and the buyer now has to pay his own broker, then the pricing of homes will need to decrease, and sellers will not be happy. Or, Buyers will need to offer a higher price and ask for Seller Concessions to help pay the buyer’s real estate commission, because Buyers will still be shopping with a limited amount of money to make their purchase, and will require down payment help, closing cost help, and now lets add on Buyer commission help? So all of you real estate agents out there, better start letting your voices be heard to your local, state and national associations about this issue. And BTW, all you mortgage brokers, you need to put in your commentary as well, because this can have a huge impact on getting your borrowers qualified, if they now have to start coming up with a Buyer’s side commission, along with all the other costs they pay on the ALTA. Personally, my hope is that this gets appealed and overturned, because we don’t need to turn an entire industry upside down to make improvements in transparency and fair dealing. We can do that by self regulating ourselves, as we have been doing for over 100 years. I would love to hear your thoughts on this lawsuit and where you think we might be headed because of it.
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4 Replies
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Thank you for your feedback, Wendy Lahn.
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Thank you Wendy for the information. When is this going to take effect and what happens with loan officers with realtor PREFFERED Referral Partners?
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Is this ruling against the National Association of Realtors state specific or National?
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Thanks Wendy. How do you see how the Court’s ruling against NAR affect realtor referring partners for loan officers?