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National Association of Realtors Settlement FAQ
National Association of Realtors Settlement FAQ

Amidst the NAR settlement developments, stay informed with key takeaways and FAQs to help professionals navigate the changes effectively.

Updated over a week ago

National Association of Realtors Settlement

Author: De Wilmore

Last Updated: Mar 26, 2024

The dust hasn’t settled yet on the NAR news. While the National Association of Realtors (NAR) is still reviewing the terms of the settlement, Radius is working tirelessly to set you up for success. We are attending legal forums on a daily basis to make sure we have the most updated information to share with you, and will continue to host rooms discussing the impact and our recommendations.

Key Takeaways

  1. We continue to encourage you to become familiar with the buyer broker agreements for your specific region, as we feel these will provide you with the most protection when you work with buyer clients.

  2. No real changes will take effect until mid July

  3. The terms of the settlement are subject to change. We will keep you informed of any evolution when announced

  4. Any already-signed listing agreements are not subject to the proposed changes

For more detailed information about some of the more frequent questions we’ve been receiving from our agents over the past week, please feel free to browse our FAQs BELOW, which we will continue to update over the coming weeks as more information becomes available.


FAQs Regarding NAR Settlement

Enforcement of Buyer Broker Agreements

Part of enforcing buyer broker agreements might involve audits or compliance checks by brokerage firms, MLSs, or state licensing boards to ensure that agreements are being used appropriately and that consumers are adequately informed.

NAR would likely involve a combination of increased transparency, adherence to ethical and legal standards, and possibly new or enhanced mechanisms for ensuring that all parties understand and agree to the terms of these agreements.

Offering Buyer compensation Outside MLS

Since it will not be listed on the MLS, compensation offerings can be communicated directly to buyer agents through marketing materials, property listings on broker websites, or during direct negotiations. Real Estate professionals might explore alternative compensation models that don't rely on the traditional split compensation structure once facilitated by the MLS. This could include hourly rates, fixed fees for service, or a percentage of the purchase price directly agreed upon between the buyer and their agent.

Listings Active Before and After Policy Changes

The enforcement of new rules on existing listings would depend on the specific terms of the policy change. Typically, policies apply prospectively, but it's crucial to review the specific language. There will more than likely be grandfather clauses.

Seller Concessions and Buyer Compensation

If allowed by NAR and agreed upon by the seller, seller concessions towards buyer's agent compensation can be a part of the negotiation and should be documented in the purchase agreement.

Communicating compensation Offerings via Email

Yes, you can email agents about your listing and include information about buyer compensation offerings, as long as it complies with any new ruling or change as it relates to the NAR settlement terms.

Buyer-Broker Agreement Before Showings

Mid-July 2024 will require all practitioners to have a buyer-broker agreement in place prior to any showing. Brokers should require a signed agreement before showing properties as it enhances commitment from the buyer and clarity about compensation arrangements.

Impact on Open Houses

Open houses generally welcome potential buyers without requiring a buyer-broker agreement upfront. However, interested buyers would need to engage a buyer's agent and enter into an agreement to pursue the property further.

National MLS Possibility

While there's ongoing discussion about consolidating MLS systems for broader access and efficiency, the real estate industry is highly regionalized, and a national MLS would require overcoming significant logistical, regulatory, and competitive barriers.

Finding Out if Seller Offers BAC (Buyer Agent compensation) Prior to Touring

Since compensation will no longer be displayed in MLSs, real estate professionals will be compelled to have more active engagement with their listing agent counterparts which would include asking if BAC is available for property being shown.

Dual Compensation and Working Directly with Listing Agents

Transparency and informed consent are key. Buyers can work directly with listing agents, but all parties' roles and compensation should be clear. Advantages may become less clear for a listing agent if no buyer compensation is offered.

Undisclosed compensation from the seller

All compensation arrangements must be transparent and agreed upon by all parties involved in the transaction.

Future compensation rates

Compensation rates are subject to negotiation between buyers, sellers and their agents. Transparency about how compensations are split is crucial, but the actual split can vary.

Concessions on MLS

Yes, seller concessions can be listed on the MLS, but they must be separate from compensation structures and are part of the negotiation between buyer and seller. This may be subject to additional discussion.

Incentives for Seller to Compensate Buyer Brokers

Offering compensation to buyer brokers can widen the pool of potential buyers by incentivizing buyer agents to show the property.

More Buyers Paying Agent/Broker Fees

Changes in how compensations are structured and disclosed might lead to different negotiation dynamics, when buyers take on more responsibility for agent fees.

Adding Paperwork/Documents for Current Listings

Depending on regulatory or NAR policy changes, additional documentation may be necessary to clarify compensation structures and agreements.

Forms for Seller Compensation

Use the appropriate forms that comply with local and/or national guidelines to outline the compensation arrangement as part of the offer process.

No Compensation and Ethical Concerns

Steering clients based on compensation could raise ethical issues. REALTORS are obliged to act in their client's best interest, regardless of compensation.

Compensation from Both Buyer and Seller

This is typically governed by disclosure and consent rules. Dual compensation must be transparent and agreed upon by all parties. This matter is subject to further clarification and discussion based on NAR settlement terms.

Forms per Buyer or Showing

Since the buyer-broker agreement outlines the working arrangement and financial expectation between buyer and their agent, additionally it will indicate the term of the agreement e.g. June 1, 2024 to November 1, 2024, there will be no need for multiple agreements.

Retainers from Buyers and Sellers

Similar to attorneys, brokers can collect retainers if agreed upon by the parties, documented, and compliant with state laws and ethical guidelines.

Seller Credit in MLS Listings

Listing a seller credit is permissible as long as it's accurately described and does not mislead participants about the nature of the concession.

Listing Agents Showing Compensation on Instagram (IG) and Facebook (FB)

Yes, listing agents can show compensation offers on social media platforms like Instagram and Facebook, provided they comply with any applicable laws, regulations, and ethical guidelines set forth by the National Association of REALTORS® (NAR), local real estate boards, and the MLS. Transparency is key, and any compensation disclosure should be clear and accurate to prevent misleading information. It's also crucial to ensure that such disclosures align with privacy laws and the platforms' terms of service.

Use of the SELM Form

The Seller's Election to Exclude Listing (SELM) form is typically used when a seller wishes to exclude their property from being listed on the MLS for a certain period. If you are referring to the use of this or a similar form in your practice, it depends on the specific circumstances of your listing agreement and your client's preferences. Some sellers may choose to use this form for privacy reasons, to test the market, or for other strategic reasons. It's essential to discuss the implications of using such a form with your seller to ensure it aligns with their selling goals and understand how it affects exposure and marketing.

Seller Crediting the Buyer at Closing

Yes, a seller can credit the buyer at closing. This is often negotiated during the contract phase and can be part of the purchase agreement. Seller credits can cover various buyer costs, such as closing costs, prepaid items, or points to lower the mortgage interest rate. However, it's important that the credit adheres to lender guidelines, as lenders may have limits on the amount of seller credit based on the loan type and down payment amount. Full disclosure and agreement by all parties, including the lender, are necessary.

Buyers Working with Different Local Agents in Multiple Areas

Buyers looking in more than one area can indeed have agreements with different local agents for those areas. This can be beneficial for buyers since local agents have specific market knowledge, connections, and expertise that can aid in the home search. However, clear communication and agreements are essential to define the scope of representation and avoid conflicts of interest. Each agreement should specify the geographic areas or types of properties covered, ensuring that buyers and agents have a mutual understanding of the extent of their working relationship.

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