Unpacking NAR Settlement And Buyer Agency

Join eXp leadership as they dive into the recent NAR settlement and what exactly it means for real estate agents. This presentation will bring clarity to you, your buyers and your sellers.
#eXpProud
Chapters:
0:00 Introduction
2:36 The Settlement
6:00 In Practice
10:15 Updated Practices And Moving Forward
18:37 You MUST Ask For Concessions In The Contract
20:41 Treat Your Buyers Like You Treat Your Sellers
22:36 What Can You Do Today? Working With Sellers
33:30 What Can You Do Today? Working With Buyers
38:08 What Industry Changes To Watch For Next
40:16 What's Next From eXp?
42:07 Get On The Train! eXp Exclusives
43:15 Q&A
56:20 Big Agent Meeting Link
58:30 Wrap Up

[@KarlyNoorda]

People will have to accept the possibility that we won't ever return to 3%. If sellers must sell, home prices will have to decline, and lower evaluations will follow. Sure I'm not alone in my chain of thoughts.

[@leojack9090]

Buy now, home prices will not go lower. If rates drop, you can refinance.

[@fadhshf]

The government will have no choice but to print more notes and lower interest rates.

[@LucasBenjamin-hv7sk]

Well i think, home prices will need to fall by at least 40% before the market normalizes. If you do not know whether to buy a house or not, it is best you seek guidance from a well-experienced advisor for proper portfolio allocation. So far, that’s how I’ve stayed afloat over 5 years now, amassing nearly $1m in return on investments.

[@LucasBenjamin-hv7sk]

Finding financial advisors like Amber Angelyn O'malley who can assist you shape your portfolio would be a very creative option. There will be difficult times ahead, and prudent personal money management will be essential to navigating them.

[@pattychafatelli7108]

Lol! Yeah, NAR will never see another dime from me! Agents should start a class action suit against NAR!!!

[@kaimoonrealtor7808]

Amen! Terrible.

[@heidikapcsosrealtor]

They buckled and did not protect us!

[@ashleykorthauer1760]

Why are we mad at NAR? Wasn't it all the individual agents that were not being ethical? It sounds like agents weren't telling their clients how they were going to be paid. That's not on NAR. That's on all the agents who weren't doing right.

[@Mrtrainer100]

As a real estate trainer and a real estate agent with 25 years of experience, I am surprised, that NAR didn't use the following defense: "the 6% commission readily shared by the listing agents with agents who bring buyers is a great tool to create much higher exposure of the properties and, thus, selling the properties for much higher prices. Thus, sharing the 6% commission benefits our clients who are the sellers". By not using this point NAR has let its members down.

[@gueldasevere5466]

So true

[@FinesseSoCocky]

I’m a new realtor it seems like I came in at a tricky time but I’m happy because i believe I will survive and thrive this 😊😊.

[@thedebtalchemist]

It’s an opportunity to dethrone realtors that are not prepared.

[@FinesseSoCocky]

@@thedebtalchemist I honestly feel that way because I don't know the industry in any other way but how it is currently lol

[@DarrellEssexdoubleteam]

You will because you don’t know any other way then the new way. The old school agents will be the ones affected because their systems and methods are so deeply ingrained that it will knock them down. You on the other hand don’t have any systems yet so your systems will be built off this new landscape.

[@Tincupping]

It will be tough. Good luck.

[@FinesseSoCocky]

@@Tincupping thank you so much I actually have two deals in closing at the moment. So far I've been doing OK I'm willing to accept challenges 😄😄😄

[@jaysengstacken2118]

This video reads like damage control from NAR.

[@CarlaHamsells]

The fact that sellers are going to be able to negotiate with each buyers agent is going to lead to racism and inequality in certain markets. I have gone with my pre-qualified clients to show luxury homes, and been refused color of my clients skin and my skin. This is not good.

[@nelsonsantiago651]

Absolutely! What if your Seller offers higher compensation to a white agent with white clients, but a lower compensation to a black agent with black clients. Before it was published for all to see.

[@METALBUG999]

sounds like a lawsuit to me. have you talked to a lawyer?

[@marciamakoviecki3295]

There are already laws against that. Did you and your clients file a lawsuit?

[@user-lp1xx6mi1o]

"If it is not in the contract, it is not part of the deal"... live by that rule regardless of industry shifts and changes.

[@marciamakoviecki3295]

Yes, but it's not good if the agents are negotiating their commissions and who pays it in the offer... you risk losing the sale for the seller or the house for the buyer, which is against your fiduciary duty to the client.

[@WisdomConfetti]

@@marciamakoviecki3295 that will change because it has to be in the contract at this point. If it’s not, an agent or Realtor won’t get paid.

[@davemoll1151]

Glad to see you are "excited" about the ruling. Do you work for the Government?

[@pattychafatelli7108]

Yeah they were just a little too 'excited' for my comfort. It's time to watch and to follow the money....that's where the answers always are!

[@marciamakoviecki3295]

Lol

[@elitorres-realtor]

The result of this will be more professionalism in the industry. I too am excited.

[@pattychafatelli7108]

Please explain to me how this is more professional! This is turning back the clock by decades. How long have you been a realtor? I have been in ,residential mortgages and real estate since the 1980's and this is a big "lose" for real estate!@@elitorres-realtor

[@CherylBimini]

Thanks to Holly, I learned to embrace the Buyer Broker Employment agreement from the Beginning! Thanks for always pushing standards up

[@marciamakoviecki3295]

The old BBE is gone. Now you have to negotiate your pay in the agreement with your buyer explicitly.

[@pattychafatelli7108]

Buyers are going to get the sh*tty end of this! Especially first-time buyers. Glad you're "excited" I've been at this 30+ years and I am disgusted!

[@BestCaseForRealEstate]

I do not want to pay dues to NAR any longer

[@judymoore4692]

@@BestCaseForRealEstate thats how I feel. Did they just throw all of us under the bus and give up...this is all insane. NOTHING exciting about this. She doesn't even say WHAT it is that is exciting...just a bunch of jibbers.

[@pattikam3727]

We are going backwards. Buyers won't be represented again. Then they will sue NAR again.

[@pattikam3727]

Yep

[@petermarkseo6398]

Ex Realtor here I'm setting up a national MLS platform for licensed agents with a unique angle

[@kellywestrealtor]

"This is such a great thing" Why do I feel like I am being Gaslite? If this was "so great" the NRA would not have been fighting in court. I believe this will be hurt first time home buyers, USDA, FHA and VA buyers.

[@marciamakoviecki3295]

Yes, there's alot of wishful thinking in this presentation. The entire point of the lawsuits is that sellers want to pay WAY less commission. Period. And there are Buyer lawsuits happening, too. They don't want to have to pay all of the commission in the purchase price, which is exactly what always happens. Basically, the agent compensation as currently handled isn't 'fair' to buyer or seller. Hence the class action lawsuits.

[@ml9557]

buyers are going to go direct to listing agent and bypass paying any buyer's agent commish. you can try the seller credit angle but bottom line buyer agent commish is going to crash to flat fee and will not exist as before.

[@evaguitar]

Agree, if you think about it people won’t pay a dollar to buy a song so they are not going to spend for representation

[@adamblacketter]

And you think the listing agents will represent you for free. You will have to pay them to represent you as your Buyer Agent.

[@ml9557]

@@adamblacketter buyers agents are going to get paid.. a lot less under the new rules.

[@adamblacketter]

@@ml9557 that’s your opinion, they don’t have to. Buyer brokers can charge their clients whatever they want and always could have. Buyer-Broker agreements have been around for decades, this isn’t new.

[@bethchiles5952]

I have confidence that we'll get great guidance.

[@catmini72]

"Coolest opportunity"? What?🙄 I don't see it. Please consider the ramifications of this for New Construction, where licensees representing the Builder/Listing also work with the unrepresented Buyer in 95% of the sales. And paying a buying agent based on whether the listing agent "likes" the agent bringing the offer is flaky as hell... makes agent relationships the priority over fiduciary responsibilities. Sounds like it'll be junior high all over again!

[@thetriadbroker]

Yes, as I mentioned in my comment our industry just turned into the Wild Wild West! We are going to see so much dirty practices. The DOJ will just change things again we they see how dirty some agents can get. Sad!

[@pcsfortbliss]

I agree with VA. There is no limit on the closing cost side. The 4% max in on the concession side, I feel this is easier play for those of us that serve that population.

[@mariacristinacarvalho6904]

I also have add in the contract a out buyers broke agreement, never had a problem.

[@scottalancummingsmba-realt55]

Maybe we should all collectively leave NAR? Isn't this only binding to REALTORS? Does this apply to non-REALTOR agents?

[@mariacristinacarvalho6904]

Congratulations EXP. Not with y company but this video is an excellent way to show your competence.,👏🏻👏🏻

[@livingincharlottenorthcarolina]

In our state, we no longer have a spot to add in verbiage for this. Will all contracts change?

[@ChrisColgan]

Great job Leo!!!

[@garyzeller3063]

Great session.....

[@angelakidd4u]

Will we be adding this negotiation verbiage into state contracts like it is in California?

[@helenferrer78]

Thanks. great information.

[@shaylabajaliarealestate4637]

Can we add on the buyers broker agreement a line that say something along the lines of "the compensation amount agreed on from the buyer does not apply for new construction?" ...because buyers will not want to sign that they will pay the higher percentages of compensation that some builders may give. We don't know what they will end up buying-they may buy pre-existing homes or new construction so if we add a line like that, wouldn't we be covering all bases?

[@buddiemac3827]

Once again, solutions for something that never was a problem. Attorney compensation needs to be changed.

[@atlhomeguide]

To be totally honest I don’t see why everyone is saying this is “the end of buyers agents”. All that happened was they made something that was already known, MORE KNOWN. This will encourage more buyers and sellers to try and negotiate compensation (which has already been happening). It’s up to agents if we are going to go for it or not.

[@inesdelacruz7274]

Thank you Leo & Holly for this presentation.

[@katherinecheney9221]

I've been doing Buyer & Seller presentations and explaining how commissions work to both for Years!!

[@user-tu3gp2sz2g]

Great information

[@CaliforniaCoastInvesting]

Can we say something like “buyer agent compensation will depend upon negotiation, up to 3.5%” ?

[@jackiebadiali5629]

"Treat your buyer like you treat your seller" is great and I always do a consultation with my buyers however, most buyers have limited funds so paying my service fee is likely to cause a financial problem. Creates more competition amongst buyer's agents so our value add will be more important or we stand to lose our buyer to a lower fee agent.

[@kaimoonrealtor7808]

Good afternoon from New Jersey 🎉

[@OhioRealEstateConcierge]

Thanks for this ...

[@adamblacketter]

Listing brokerages will still offer buyer brokers commission. The commission just won’t be in the MLS listing anymore.

[@marciamakoviecki3295]

Lol it's not that simple. Read the settlement

[@adamblacketter]

@@marciamakoviecki3295 yes it is, I have read it.

[@Tschaf]

Informative .....

[@jackiebadiali5629]

I think we'll start seeing more FSBO's and buyers (DIY'ers) working together to avoid the commissions. Who's idea was it to sell all our listings to the Big Z and similar websites? When I first got into real estate this floored me tbh. Who can we sue for that ridiculous idea? There's got to be some type of conflict of interest we can find issue with...?

[@marciamakoviecki3295]

Zillow, Redfin etc al have already put a big divet in the market.

[@PaulsPatio]

Shirpa? I must have Missed that one in the brochure 😮

[@americanadvocacygroup7939]

The impact of this new regulation on real estate agents and brokers is significant and depends on how the National Association of Realtors addresses the situation. If buyers are permitted to find homes on the internet, it is likely that they will go directly to the seller's agent, potentially eliminating the need to pay any commission to a buyer agent. Conversely, if buyers are not allowed to find homes on the internet, it raises the question of how they will be able to find a home. This could result in buyers being required to hire an agent to assist them in their search, as they have the ability to access multiple listing websites to find their dream home.

[@legertonrealestate]

the catch 22 is if the buyer is only paying one side the next question from the buyer is since I am part of a dual agency I feel the price should be reduced by the lessoned commission expense to the buyer. There is a lot more to this and most buyers will still want representation. ;-)

[@marciamakoviecki3295]

​@@legertonrealestateand they can pay a buyer's agent, it just may be $500 instead of $5000.

[@marciamakoviecki3295]

Buyers have been able to shop homes online for many years. That's not changing.

[@realtyvegas]

can we get a copy of the slide deck?

[@cristybritton1481]

THANK YOU Leo and Holly for your professionalism, your knowledge, and your guidance! So proud to be part of our brokerage.

[@clarasusanaescobar8691]

Where do you offer a buyer compensation that the seller has agreed to like 1-2% in the broker's remarks?

[@pattiharris211]

If seller wants to offer a buyers agent compensation where can we put that information? Not in the MLS? Private notes?

[@suziespurdis869]

Companies are allowed to advertise compensation for each home on their websites.

[@peterbedford2610]

If nothing else, this will bring awareness to the buyers and sellers if their options and the law.

[@marvnicholson4289]

This session was very educational for sure, but if the market couldn't be any tougher, yikes.

[@dosmasdos9542]

I’m confused would the listing agent contract have a commission split clause ? Would the listing agent continue to cut half of the commission to the BA?

[@ashdav9980]

No, the buyers agent has to suck off the teet of the buyer now, not the seller. There is a separation of this coop where both agents sucking the teet of the seller. Buyers will have to negotiate the buyer commission with their buyers agent.

[@user-pc5fp6vk4r]

Clear as mud, but stay excited y’all

[@pattikam3727]

LOL .. not funny but funny

[@marciamakoviecki3295]

When you're a broker, everything is a wonderful opportunity

[@lindseyh7047]

So what exactly is the benefit for a NAR membership besides the Realtor trademark designation?

[@AaronRosenRealty]

Nothing

[@VANCOUVERHOUSEFINDER]

This is crazy . Imagine listing agents not only negotiate the offer but with every agent and before every showing

[@thedebtalchemist]

As it should be… Why would a realtor work for someone without setting the terms with the buyer?

[@dosmasdos9542]

I mean is part of the job description

[@Tincupping]

Who in the world would hire a listing agent? Would never use one. Did so once and it was a total waste on my money.

[@scottalancummingsmba-realt55]

What if eXp reaches a better settlement with this suit that may be in direct conflict with the NAR suit? What does that mean? What governs us...NAR or eXp? What does HUD or Fannie Mae or Freddie Mac have to say about this? What if they say no you can't do that?

[@sharonandmike8809]

If I’m looking to sell, I’d definitely hold off until July. Seems like home sales might fall off the cliff for the next couple months.

[@ashdav9980]

😂😂😂No, home sales price has to do with supply and demand….supply, or lack of, being the most important thing now. People aren’t going to stop needing a place to live because of buyers agent commissions. And what do you think buyers will due to their buyers agent, who they think is worthless anyway, if buyer keeps missing out on houses because buyers agent wants too much commission? Some agents are touting the comissions will go up….laughable. 😂😂😂😂😂

[@MM-ig2zq]

Sellers never paid anything. It was buyers money that paid. No way I’m paying an agent plus an overpriced house.

[@kathrynp7595]

You are acting like this is a good thing for realtors, it is but for only the exceptional well experienced agent. New agents will leave in droves

[@Goducks34]

He has to, these brokers don’t want agents to leave the industry, that’s their bread and butter

[@evaguitar]

Agree, this is bad for everyone. Especially the buyers

[@thedebtalchemist]

Why don’t you position yourself to take advantage of this change. Think outside of the box

[@yourrealtoronretainer]

1. The majority of buyers (especially first time home buyers) cannot afford commission so it will become the norm to have that be written in a contract. Seller will receive 1 or 3 offers (todays market is more like one if it’s an average home) and they will see BAC like they would seller credit. 2. As a buyers agent , I already set my commission as 3% personally. I’d tell my buyer if the listing BAC is 2.5 they’d have to pay 0.5. Now I’ll tell them the same thing and say how much would you like me to ask the seller to pay? And then write that into the contract. 3. For my listing I’ll prime the seller by saying I’m charging you 3% however expect most if not all offers to include a requested BAC because most buyers already are strapped bringing their down payment and closing costs that they need help with their representation. Even explain to them the way things used to be with sellers offering BAC in the beginning to show not much has changed.

[@wendyweihe4229]

One take away today … as Realtors we spend our time negotiating for our clients , seems like there will be a lot of time spent now on negotiating for ourselves , thus taking away time from the client.

[@judymoore4692]

Nothing exciting about this Holly...nothing...

[@morrismedina2341]

Professionalism secondary to who can get the most money to the sellers! Buyers as a group unfortunately will realize what part they play as soon as the listing agent shares whom they represent.

[@METALBUG999]

if some agents and brokers didn't engage in steering and violating antitrust this major lawsuit wouldn't happen.

[@sharonandmike8809]

As a seller, why would I want to concede up front on giving buyer concessions? That’s like negotiating against yourself.

[@LindaSmithRealtor]

Your Az rules do not transfer across states - MI took commission rates OFF PAs in early 2000s - the commission is not part of the clients agreement between each other - its a separate contract. Lenders do NOT allow unlimited seller concessions & must be approved by underwriting - This currently contradicts our progress. This is going backwards.

[@johnmensch2805]

Do you have printable copies of all the pages you posted on this video today ?

[@stephanielittlefield9024]

Check your email from this afternoon from Leo

[@johnmensch2805]

@@stephanielittlefield9024 I do not see an email from him.

[@kevinrushton2906]

I am going to raise my commission rate because of this.

[@jeannotnelson4048]

does this really have to be an hour long? summary please - a wonderful way to confuse and frustrate everyone more. if the listing agent ans a sole mandate then buyer commisions from outside agents wanting to show should be negotiated with the listing agent as it comes out of thier commision.

[@stephanielittlefield9024]

Increase the playback speed if nothing else. 🤷🏼‍♀️

[@MsAntoinetteCollier]

I’m taking my exam next week. I’m a lot more worried…

[@marxiejones353]

You are joining g a profession at this new beginning. You will not have any hang ups in doing your job, running your business and getting paid for doing your job!!! Good luck on your exam

[@premierrealty122]

Sales promo for EXP lol

[@lvnn6198]

This is not exciting. I feel like this will cause chaos for awhile and eventually we will end up back to the current set up

[@Tincupping]

Reasons to stop using realtors…..the short list and nice list: 1. Cost: Real estate agents typically charge a commission fee, which can be a significant amount of money. By not using an agent, you can potentially save on these fees. 2. Control: Without an agent, you have more control over the buying or selling process. You can directly negotiate with the other party and make decisions without a third party involved. 3. Privacy: Some people prefer to keep their real estate transactions private and may feel that using an agent exposes too much personal information. 4. Flexibility: Working without an agent allows for more flexibility in scheduling viewings, meetings, and negotiations, as you are not dependent on someone else's availability. 5. Learning experience: Handling a real estate transaction on your own can be a valuable learning experience, providing insights into the process that you may not have gained otherwise.

[@stephanielittlefield9024]

Is this AI? Just curious. Reminds me of something I could have Chat GPT come up with. Not trying to be rude. Just wondering.

[@Tincupping]

Terribly funny. Just good writing. Do you use AI for your channel? Come on dude…not cool.@@stephanielittlefield9024

[@marciamakoviecki3295]

Lol you think the seller isn't going to notice on the contract that you expect them to cover your buyer agency fee? That defeats the entire essence of the lawsuits!

[@billbyun]

Nice positive effort to spin this downsizing of real estate agents. The major need for buyer’s agents will be eliminated, as warranted.

[@scottalancummingsmba-realt55]

I envision lots more buyer lawsuits coming down the pike along with possible Fair Housing discrimination suits. Buyer has no transparency. Buyers will lose representatin in some aspects going back to the 1980s. All commissions should be public knowledge. This is a big step backward for our industry. The only positives are getting rid of unprofessional agents and improving communication to our clients

[@thetriadbroker]

Buyers can't afford to pay for agency. They have never had to think about that. This is going to hurt buyers! The NAR and the DOJ has turned our industry into the "WILD, WILD, WEST" Also, lets please remember that this entire proposed NAR settlement is only in place for 7 years. After 7 years the entire settlement agreement is set to expire. So what will that mean, we just go back to working the way we work now. Changing our systems all over again like were all a bunch of damn rats in a lab running down whichever tunnel our nose is pointed. This attorney breaks the entire agreement down, all 108 pages. kzbin.info/www/bejne/rqOZoZann7WLjcksi=jOhhnPojNK4zA-e8

[@Kcatorealty]

This is bull corn

[@scottalancummingsmba-realt55]

This hurts the buyer and makes our job harder

[@PaulsPatio]

Watch 6 months from know EXPI will change its name like Facebook to meta ❤

[@user-vi2dk1qz5f]

I gotta be honest with you your explanation of all this is about as clear as a speech by our vice president, Kamala Harris and I know it’s not you it’s the new rules.

[@billbyun]

😂 perfect observation 😂

[@pattikam3727]

Clear as mud.. nothing exciting about this at all. I don't love where we are headed at all. LOL

[@JJ.ReLaTrix]

🩷🤍🏡🔑

[@theonerealestatesecret]

You wait for a law suit to up your game.😢. Tricky language. Fees fees and more fees.

[@pattikam3727]

Oh soooooo open for discrimination .. wow.

[@pattikam3727]

Unethical, Discrimination.

[@Bud88883]

THIS GUY IS A SCAMMER FROM WAY BACK!!! DO NOT GIVE HIM ANY IF YOUR HARD EARNED MONEY!!!!!