Advice for working with a home buyer’s agent this spring
By Holden Lewis | NerdWallet
If you’re in the market for a home, you might wonder how you’ll be affected by a class-action lawsuit involving real estate agents and commissions. On April 23, a judge granted preliminary approval to the settlement proposed in March by the National Association of Realtors, which means new rules are on track to go into effect in July or August.
None of which means you have to suspend your home search. Here’s what to know about working with a buyer’s agent this season.
What are the new rules?
In the lawsuit Burnett v. National Association of Realtors et al., a group of home sellers argued that NAR and some major real estate brokerages had enforced rules that effectively limited the sellers’ ability to negotiate on commissions. Sellers have traditionally set the commissions for the agents on both sides of the deal.
As part of the settlement, NAR promised to alter some business practices. The three main changes are:
- Buyers, not sellers, will decide how much the buyer’s agent will be paid for a completed sale.
- Commissions for buyer’s agents will no longer be listed on the multiple listing service, a database of properties for sale in a geographic area. Previously, MLS fields visible only to agents, but not consumers, specified what percentage commission sellers were offering for each property.
- Your agent will be required to “enter into a written agreement” with you before giving you a tour of a home. While such contracts — often called buyer’s agency or buyer-broker agreements — are not new, there’s variation in how they’re implemented. Some states require them already. Some agents sign up buyers before showing properties, while others may explain the arrangement but not ask the buyer to sign anything until there’s a house to make an offer on.
These contracts will likely be mandatory by mid-July, and you can expect your agent to ask you to sign one sometime between now and then.