Commissions and Representation - Get To Know the NAR Updates

Exciting things are happening in the real estate world, and we want to keep you in the loop! The National Association of Realtors (NAR) has just rolled out some important updates that could impact your next move—whether you're buying or selling.

A few key changes involve new requirements for Buyer’s Agent Representation, how Buyer Agent Commissions are handled, and updates to the MLS (Multiple Listing Service) regarding commission discussion.

Here’s what you need to know:

Buyer Representation

As a Buyer, before you start viewing properties with an agent, a new NAR rule requires that you sign a formal agreement with your agent, outlining the terms and duration of the relationship, the services provided and the compensation to your agent. This agreement ensures that Buyers receive clear, committed support from their agents throughout the home-buying process, and makes clear that the Buyer is responsible for the Buyer’s agent commission. This is designed to ensure that everyone is on the same page from the beginning. Here’s what it means for you:

  • Clear Expectations: The agreement outlines the services your Buyer’s Agent will provide and how they will be compensated. This transparency helps avoid any misunderstandings later on. If a Seller is open to paying a Buyer’s agent commission, Buyers will be able to negotiate with Sellers to have them pay some or all of the Buyer’s agent compensation.

  • Better Representation: By formalizing the relationship, your Buyer’s Agent can fully commit to helping you find the right property, knowing that both sides understand the terms of the partnership.

Buyer Agent Commission: Understanding Who Pays

One of the most notable changes is the shift in how Buyers’ agents are compensated.

  • Transparent Commission Discussions and Payment: Traditionally, Sellers have paid the commission for both the Seller’s Agent and the Buyer’s Agent. While this can still happen in negotiations, based on the new Representation agreement, Buyer’s are now responsible to pay their Buyer’s Agent directly. These updates ensure that commission responsibilities are clear from the start, helping both Buyers and Sellers navigate the financial aspects of the transaction more effectively.

Changes in the MLS

There have been updates to how compensation details are handled within the MLS as well.

  • Open Negotiations: MLS will no longer include fields for Cooperating Broker Compensation, and discussions within the platform about compensation are now more limited. This change aims to promote a more transparent and competitive market environment. As a result, Buyers and their agents will need to directly negotiate compensation terms rather than relying on pre-set figures in the MLS. This shift empowers buyers to engage more actively in determining the compensation for their agents, potentially leading to a more tailored and equitable arrangement.

Our Commitment to You

As always, we are committed to staying ahead of industry changes to keep you informed in this shifting market. Our team is fully prepared to navigate these new rules and ensure that your real estate transactions are smooth and successful. If you have any questions about how these changes might impact your specific situation, we would love the opportunity to answer your questions and work through this together.

In the meantime, HERE is great read for a breakdown of the changes.

.Cecilie Korst\\\