On Friday, the Plaintiffs’ counsel filed a Motion for Preliminary Approval of the commission-lawsuit settlement agreement with the federal court, so the two new rules will go into effect in late July, apparently. The plaintiffs have requested a hearing on final approval of the settlement by the court to be held on November 22, 2024.
The second rule about buyers having to hire a buyer-agent before touring a home is a done deal, mostly because nobody is objecting. At least not yet. It will become a major headache for all.
The first rule about home sellers not being required to pay a buyer-agent commission will be affected by the overall market conditions. Red-hot markets like Silicon Valley will likely be seeing zero percent (or close) being offered as a reward to buyer-agents. The demand is so strong there, the inventory is so thin, and the buyer-agents are so desperate that the sellers will get away with it. How much will buyers be willing to pay to hire a buyer-agent there? Not much – 1% tops – but the entry level there is $3,000,000.
But other markets will have different challenges – especially those that are slowing (or buckling under) from a heavier load of unsold listings and stingier demand.
The conversations will go like this:
Seller: It’s been thirty days, how come my house isn’t sold?
Listing Agent: I feel good, and it should be selling any day now. People are looking.
Seller: What are you doing to sell my home?
Listing Agent: I’m showering every day now in case someone wants to show your home.
Seller: Are you advertising in SF, LA, and NYC where all the rich people live?
Listing Agent: We are advertising world-wide.
Seller: Then what do you suggest we do?
Listing Agent: You should lower the price and pay more commission to the buyer-agents.
Seller: The last thing I’m going to do is lower the price. Aren’t I paying 4% commission already?
Listing Agent: Yes, because you saw in the news that realtors imploded, so commissions are less now.
Seller: You’re saying 4% isn’t enough?
Listing Agent: Correct, because I work for 3% and that leaves only 1% for the buyer-agents. You should increase it to encourage more buyer-agents to show it.
Seller: It sounds like you’re backing into a 6% listing.
Listing Agent: I’m sorry you feel that way, but yes. But hey, you got to try out lower commissions!
Seller: Well, I guess you got me because I want to sell. Knock off $5,000 off my price too.
Listing Agent: Off your $3,000,000 listing?
Seller: Ok, ok, knock off $10,000, but that’s it. I’m Not Going To Give It Away!
Realtors will still be holding all the cards, and will game any system you throw at them. I said this will blow over quickly, and a softer market will help keep the status quo. Listing agents may appreciate buyer-agents (finally), though paying them more won’t be an obvious solution for many. Expect a slower market instead.
Please pass the popcorn. This is going to be good…………
Think of this dilemma.
Raising the buyer-agent commission later will have minimal effect. After 30 days on the market, the buyers won’t want to see it unless the price was reduced substantially.
You can only count on a listing to be hot for the first week. After that it is crickets for most sellers.
Jim, you nailed it… again.