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 homebuyers?
MLS participants working on behalf of buyers would be required to enter into written agreements with their buyers before touring a home. These agreements can help consumers understand exactly what services and value will be provided, and for how much.
How will this impact VA loans?
- NAR recently submitted a letter to the Department of Veterans Affairs (VA) urging them to revise its policies pertaining to fees veterans cannot pay when using their VA home loan benefit.
- NAR specifically calls on the VA to allow their buyers to compensate their representative directly, which is currently prohibited under their policies. The letter stresses the importance of professional representation for veterans in the purchasing process and outlines the potential consequences for VA buyers in situations where compensation is not offered from a seller.
Does the settlement change access to mortgages for buyers?
No. Under the settlement, buyers still have the same options when it comes to compensating their real estate representatives. That is, the listing brokers can compensate the buyer broker, the seller can compensate the buyer broker, or the buyer can compensate their broker directly. Based NAR’s interpretation of current guidance, buyers should still be able to get financing from Fannie Mae, Freddie Mac, and the FHA under these scenarios. NAR is working to verify that this interpretation will hold. However, none of these agencies will allow the buyer to finance a commission into the mortgage at this time.
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.
Do I need to use a REALTOR® to buy a home?
It is the consumers choice to use a REALTOR®. However, the services REALTORS® offer are invaluable, such as their expert guidance, market knowledge, negotiation skills, ability to tackle complex contracts and much more. You can navigate the real estate market with confidence when you have a REALTOR®.
Will open houses be considered the first showing for unrepresented buyers and therefore require a signed Buyer Representation Agreement?
No. We do not believe that an unrepresented buyer at an Open House invokes the requirement of having a Buyer Representation Agreement in place.
Are renters required to sign a Buyer/Tenant Representation Agreement before touring a rental property?
The settlement only deals with properties for sale on this issue of buyer representation, and it does not address rentals or change anything about needing a written agreement prior to showing a rental property. It would still be a smart idea to have a conversation with the client about how the agent will be compensated and have the Buyer/Tenant Representation Agreement signed.
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