Frequently Asked Questions
Are agent commissions negotiable?
Yes. Compensation is currently negotiable and will continue to be negotiable. Compensation should always be negotiated between agents and the consumers they serve.
How does the settlement impact home sellers?
After the new rule goes into effect, listing brokers and sellers could continue to offer compensation for buyer broker services, but such offers could not be communicated via the MLS. The settlement expressly provides that sellers may communicate seller concessions — such as buyer closing costs — via the MLS provided that such concessions are not conditioned on the use of or payment to a buyer broker.
What do I do if my home is currently on the market?
After the new rule goes into effect, listing agreements should be amended to reflect that offers of compensation cannot be communicated via the MLS. The settlement expressly provides that sellers may communicate seller concessions — such as buyer closing costs — via the MLS provided that such concessions are not conditioned on the use of or payment to a buyer broker.
Can real estate commissions be financed?
According to NAR, financing commissions is not feasible under the current structure of the residential mortgage finance system, and there is no clear short-term legislative or regulatory fix.
Can a buyer request the listing broker to pay compensation to the buyer broker?
Yes. According to NAR, a buyer can request the listing broker to pay compensation to the buyer broker.
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