New Real Estate Rules Ban Secret Commissions to Curb Inflated Home Prices

By Thea Felicity

Mar 17, 2024 08:35 AM EDT

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This aerial picture shows homes near the Chesapeake Bay in Centreville, Maryland, on March 4, 2024.
(Photo : Photo by JIM WATSON/AFP via Getty Images)

The National Association of Realtors (NAR) of the United States announced a recent settlement, resolving legal disputes with specific home sellers, poised to change how homes are bought and sold substantially. 

Per CNN, the new real estate rule will help individuals deal with the difficulties posed by the rising housing costs. By addressing and reforming existing regulations that are believed to have artificially inflated home prices, the NAR settlement seeks to introduce a fresh era. This time, characterized by fairness and openness in real estate transactions, benefits both buyers and sellers alike.

What Are The New Real Estate Rules Of the National Association of Realtors (NAR)?

At the heart of these changes lies a shift in the treatment of commissions. 

While commissions will still exist, they will now be open to negotiation, providing more flexibility for both buyers and sellers. In NAR's announcement, the new agreement prohibits the disclosure of agents' compensation on listings within multiple listing services (MLS), aiming to prevent potential conflicts of interest and ensuring that clients are not directed towards properties based on higher commission rates. 

Additionally, brokers are now required to subscribe to Multiple Listing Services (MLS), many of which are owned by NAR subsidiaries. Buyers' brokers must establish written agreements with their clients, ensuring transparency in the process of buying and selling homes.

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What Does The New Real Estate Rules Imply?

Now, the changes in commission regulations are expected to have far-reaching effects beyond just commission structures. 

Financial analysts anticipate that these alterations could result in a significant reduction in fees, between 25% to 50%. This reduction has the potential to change how the real estate market operates fundamentally. 

As brokerages adapt to these shifts, consumers may have access to a broader range of services, spanning from more affordable, basic options to premium, comprehensive services tailored to individual needs. 

Unlike the conventional practice where sellers traditionally covered the costs of agents, the settlement now opens the door for homebuyers to potentially bear these expenses. While this may seem like a shift in responsibility, it also presents an opportunity for buyers to negotiate and tailor services to their needs. 

Conversely, sellers will no longer be obligated to pay commissions to buyer agents on MLS systems, potentially reshaping the traditional commission structures and fostering more detailed negotiations between buyers and sellers.

Following the NAR real estate rule settlement, experts predict a decrease in commission fees, while others speculate on the emergence of new brokerage models and how they might influence market dynamics. This means that there might be clear differences offered by different providers, with others exerting new and creative ways of doing real estate business.

Amidst these changes, the concern is to make real estate more accessible to first-time and lower-income buyers after VCPost reported the concern about the fall in mortgage applications.

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