What Sellers Need To Know About the NAR Settlement

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Recently, the National Association of REALTORS® (NAR) reached a settlement agreement that will change the homebuying and selling process. While a REALTOR® will still be there to help you through the journey, here’s an overview of the changes that will go into effect on August 17.

As a seller, you still have the choice of offering compensation to buyer brokers. You may consider doing this as a way of marketing your home or making your listing more attractive to buyers.

When working with your REALTOR®, they must disclose and obtain your approval for any payment or offer of payment that a listing broker will make to another broker acting for buyers. This disclosure must be made to you in writing in advance of any payment or agreement to pay another broker acting for buyers, and must specify the amount or rate of such payment.

If you choose to approve an offer of compensation, there are changes to how this can happen. As a seller, you can still make an offer of compensation, but your REALTOR® cannot include it on a Multiple Listing Service (MLS)—MLSs are local marketplaces used by both buyer brokers and listing brokers to share information about properties for sale. Your REALTOR® can advertise your listing via off-MLS platforms such as social media, flyers and websites. And, as a seller, you can still offer buyer concessions on an MLS, like concessions for buyer closing costs.

To read more details about these changes, visit facts.realtor.

What Homebuyers Need to Know About NAR’s Settlement

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Recently, the National Association of REALTORS® (NAR) reached a settlement agreement that will change the homebuying and selling process. While a REALTOR® will still be there to help you through the journey, here’s an overview of the changes that will go into effect on August 17.

As a buyer, you will have to sign a written agreement with your REALTOR® before touring a home. Before signing this agreement, you should ensure it reflects the terms you have negotiated with your agent and that you understand exactly what services and value will be provided, and for how much.

Your buyer agreement must include the following four aspects surrounding compensation:

  1. A specific and conspicuous disclosure of the amount or rate of compensation the real estate agent will receive or how this amount will be determined.
  2. Compensation that is objective (e.g., $0, X flat fee, X percent, X hourly rate)—and not open-ended (e.g., cannot be “buyer broker compensation shall be whatever the amount the seller is offering to the buyer”).
  3. A term that prohibits the agent from receiving compensation for brokerage services from any source that exceeds the amount or rate agreed to in the agreement with the buyer; and,
  4. A conspicuous statement that broker fees and commissions are fully negotiable and not set by law.

These written agreements apply to in-person and virtual home tours. However, if you are only speaking to an agent at an open house or discussing their services with them, no written agreement is necessary.

Sellers may still agree to offer compensation to your agent. This practice is permitted but the offer cannot be shared on a Multiple Listing Service (MLS)— MLSs are local marketplaces used by both buyer brokers and listing brokers to share information about properties for sale. Also, you can still accept concessions from the seller, such as offers to pay your closing costs.

To read more details about these changes, visit facts.realtor.