I got an update on the group of brokerages who have hired the same law firm to go after the National Association of Realtors. If they intend to disrupt the August 17th changes, they better get on it! But they are going let that go, and instead they will be pursuing the legal alternatives to end the Clear Cooperation Policy.
Regardless how you feel about the CCP, the sellers should have the right to choose in or out. Will getting rid of the CCP create more off-market deals and help eliminate the buyer-agent? Absolutely, but that’s the trend any way.
Compass held its Q2 earnings call on Wednesday, July 31, 2024. During the investor Q&A portion, CEO and Founder Robert Reffkin claimed that NAR’s “clear cooperation” rule is on borrowed time.
Clear cooperation requires that REALTORS® list a property on an MLS affiliated with the National Association of REALTORS® (NAR), within 24 hours of marketing the listing elsewhere. The rule is one of several that has been described as violating antitrust statutes, allegations that have brought the real estate industry under scrutiny over the last year.
In court filings for the case Top Agent Network, Inc. v. NAR, et al (where the plaintiff alleges clear cooperation is a tool of monopoly), NAR appeared “amenable” to revising the rule. Reffkin claimed such a change–and more–are inevitable.
“I think clear cooperation will end,” he said, and called the rule “anti-homeowner.”
“I believe that too much of the way the system works today isn’t for the homeowner. And so what–I’ll give you a couple examples. Days on market is the killer of value. Price drop history is the killer of value. The reason why private exclusives at Compass are so popular is because they do not have days on market when they go up, they do not have price drop history. When you go to a Mercedes-Benz lot or any other luxury goods, you don’t see on every Mercedes-Benz the price drop or the days on market,” said Reffkin.
He continued:
“Clear cooperation, the problem with it is, it’s forcing homeowners into negative insights. It’s saying anyone who has an agent, after one day of public marketing where it was no negative insights on a place like Compass or through your agents, you have to put it in the MLS, and then it goes to the system which the homeowner doesn’t have a choice on.”
Starting next weekend, this is the form you will see at every open house in California. It is a mandatory form, and EVERY visitor must sign it or they won’t be allowed to view the home.
What’s worse is that the association will be sending shoppers around to verify agents are using the form, and properly explaining the options. Fines will be levied upon those who don’t.
Visitors will want to use their real name, just in case they decide to buy the home. But you’d be crazy to give your actual phone number because the agent will call you until you buy or die.
Buyers need to be prepared to take the next step if they like it – do you buy it from the agent on duty? How many other buyers are they already representing? Should I hire my own buyer-agent?
Living in Flat City can be a disaster for those recent purchasers who buy the wrong house, or get divorced. If you have to resell your home in a year or two after buying it, the down payment will get eaten up and you may not be able to buy another house….unless you leave town.
When the impact from the NAR settlement was coming into focus in April, the NSDCC active listings that offered a 2.5% commission to the buyer-agent was at 57%.
Of the last 105 NSDCC listings, 36% are offering 2.5% or more commission.
The new rule hasn’t gone into effect yet, but more listing agents must be confident that lowering the incentive to buyer-agents is a good idea. In ten days, there won’t be any commission offered on the MLS, and you can tell by the way it is going that any possible ‘seller concessions’ will be minimal. Of the 64% who are offering less than 2.5% in today’s count, NINE of them are offering zero percent already – and the rule isn’t even in effect yet!
I think that the whole idea of seller concessions paying for the buyer-agent commission will be toast within six months. If buyers want their own representation, they will have to pay for it out of their own pocket.
The buyers with limited cash available will be forced out of the market until they can come up with more capital. Or go direct to the listing agent, which is going to become a lucrative option for many.
Now that rates have come down close to 6%, the next ten days should be a real sprint!
After that, there should be a lengthy adjustment period. Random twitter post:
There were 52 new listings in the last week, which keeps the number of actives around the 500 mark (492). But we emptied out the pendings drawer last month. The number of July closings is up to 212 sales and there will probably be a few more tacked on to that number before it’s done! Of the 212, there were 36% of the sales that were all-cash.
To put it in perspective, here are this year’s NSDCC monthly sales:
Jan: 108
Feb: 157
Mar: 149
Apr: 200
May:186
Jun: 153
Jul: 212
(July, 2023: 170)
April’s 200 sales seemed like the high point of the year. By June, the count was down to 153 and it looked like the rest of 2024 was heading due south. What a rebound!
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We sold a home with Jim and Donna and from beginning to end they were consummate professionals. Their initial walk through the property resulted in a list of items to be repaired or updated. They supplied a list of vendors and job quotes to do the repairs and updates. We originally wanted to sell ‘as is’ and just get it over with. They gave us a selling price for ‘as is’ and options for doing a few updates/repairs to doing it all with the selling price for each option. We agreed to do all they suggested and we sold for the exact price they predicted. For every dollar spent we got back more than $2 back in the selling price. And they got that price in a rising interest rate environment! Donna and Jim are extremely detailed and guide you through ever aspect of the sale. There were no surprises thanks to their guidance. We couldn’t be more pleased with their representation.
Thank you Donna and Jim,
Jerry and Mary
Heather Quejada
March 27, 2025
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We have known Jim & Donna Klinge for over a dozen years, having met them in Carlsbad where our children went to the same school. As long time North County residents, it was a no- brainer for us to have the Klinges be our eyes and ears for San Diego real estate in general and North County in particular. As my military career caused our family to move all over the country and overseas to Asia, Europe and the Pacific, we trusted Jim and Donna to help keep our house in Carlsbad rented with reliable and respectful tenants for over 10 years.
Naturally, when the time came to sell our beloved Carlsbad home to pursue a rural lifestyle in retirement out of California, we could think of no better team to represent us than Jim and Donna. They immediately went to work to update our house built in 2004 to current-day standards and trends — in 2 short months they transformed it into a literal modern-day masterpiece. We trusted their judgement implicitly and followed 100% of their recommended changes. When our house finally came on the market, there was a blizzard of serious interest, we had multiple offers by the third day and it sold in just 5 days after a frenzied bidding war for 20% above our asking price! The investment we made in upgrades recommended by Jim and Donna yielded a 4-fold return, in the process setting a new high water mark for a house sold in our community.
In our view, there are no better real estate professionals in all of San Diego than Jim and Donna Klinge. Buying or selling, you must run and beg Jim and Donna Klinge to represent you! Our family will never forget Jim, Donna, and their whole team at Compass — we are forever grateful to them.
Lou F
March 27, 2025
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WeI had the pleasure of working with Klinge Realty Group to sell our home in Carmel Valley, and I cannot recommend them highly enough!
Jim and Donna demonstrated exceptional professionalism, offering expert guidance on market conditions and pricing strategy, which resulted in a quick and successful sale.
Communication was prompt and we were well-informed throughout the entire process.
For anyone looking for a dedicated and knowledgeable real estate team, look no further!
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William Sams
March 25, 2025
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Donna and Jim Klinge of Klinge Realty Group have our highest possible recommendation. From Donna and Jim’s first visit to our house through closing their advice and counsel was candid and honest in all dealings. They kept us fully informed throughout the process. The house sold less than three days after listing with a two-week closing. My wife and I have sold several houses during our lives. This was by far the best experience. Klinge Reality is a premium service realtor. You can’t make a better choice for someone to sell your home fast and for top dollar.
Emily Hernandez
December 29, 2024
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Donna and Jim provided exceptional support and professionalism throughout the entire process. We couldn't have been happier with their efforts. They made our house shine, and thanks to their expertise, it sold above the listing price in the very first weekend! Truly a fantastic experience from start to finish.
Jesus Adrian Sahagun
November 11, 2024
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This year has been difficult on our family, mainly due to having to sell our home. Thankfully we knew God had a plan for us and working with the Klinge team was a key part of it. It was an obvious decision to work with them again after such an amazing experience when purchasing the same home we needed to sell. The challenge was, how will we do this in so little time with so much going on? Jim and Donna held our hand every step of the way. Whenever an unexpected issue arose they found and provided a solution. Never once did we feel pressured to make a decision and the Klinges were always reassuring after providing the information that the decision was ours to make. Despite the curve balls, they never panicked and exemplified the “can do” attitude, making us feel optimistic and taken care of. Their expertise and professionalism was superb. But of all the reasons to work with the Klinges, the most impactful and valuable is their compassion and genuine care for their clients. We pray that we can one day purchase our forever home and you better believe that Jim and Donna will be representing us - as long as they will have us of course. Thank you again Klinge team! Your execution, experience, and care are unmatched.
SABIHA PASHA
July 23, 2024
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Jim and Donna were fantastic! Jim understanding my needs, recommending potential places, pointing out the pros and cons of each property was invaluable. Then when the offer was accepted Donna’s organized guidance through the inspections, paperwork etc made the whole process seem effortless.
So grateful that I had them on my side!
Anu Koberg
July 13, 2024
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We first found Jim through his blog at bubbleinfo.com, which really showcased his knowledge of SoCal real estate. Since then we've done three transactions with Jim and Donna, and they are an incredible full service agency, with Jim's deep market insight and Donna's deft contract and project management. We trust them implicitly in their analysis and strategy, which is based on years of experience. They're always available and on top of things, and we strongly recommend them to anyone.
Bjorn Isachsen
July 10, 2024
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The Good
The Klinge Realty Group operates like a finely tuned machine, with a very personal touch. We contacted them on a Sunday and they were talking to us about our family and our needs on our living room couch the following day. They carefully listened to us and worked with us to identify the best and quickest path to listing within 2 weeks to take advantage of the low inventory conditions in our South Carlsbad neighborhood. They knew our tract specifically and had many previous sales there over the years - they came prepared with a thorough analysis of comparative sales and recommended a pricing strategy that they felt confident would yield offers the first weekend on the market.
The Great
Over the next two weeks Donna coordinated a range of vendors who she knew from experience could get the preparation to list work we needed done on time and with high quality. Our light tune-up involved excellent experiences with their stagers, landscapers, contractors, electricians, and plumbers. Throughout this period Donna's daily communication was clear, concise, and responsive. Any time we had questions Donna picked up the phone or texted immediately - but almost always, she answered our questions before we even knew we had them.
The Outstanding
We had a tricky situation with a shared fence that could have delayed our escrow. Donna used superb mediation skills to negotiate the terms of replacement and was personally on site with the fence contractor to make sure everything went smoothly. The fence looks great and escrow closed on time.
The Truly Exceptional
Our house came on the market on a Wednesday and between then and Monday morning Jim was personally at all three open houses. He was in constant communication explaining potential buyer reaction and strength. As he predicted offers began to come in on Saturday and each one was incrementally higher than the last. At the end we had 5 offers, 4 of which were over list, and the final accepted offer was $100,000 over list. In addition to being over list it included rent back terms that met our needs.
The Recommendation
For all of these reasons we would strongly recommend The Klinge Team to anyone wanting to sell in North County Coastal San Diego. I had been reading Jim's bubbleinfo.com blog for 15 years and knew when the time came to sell that he would be our first call. Jim Klinge is not your standard realtor. He is keenly aware of market conditions and sales strategies. And, works his tail off - though not as hard as Donna . At this point he's gone from realtor to friend and I plan to have him over to grill and chill at our new place to talk real estate, but also just about life and raising kids in San Diego. He's more interested in relationships than his sales numbers - and that's why his sales numbers are so high. We have already recommended the Klinge's to some close friends and another successful sale is on deck right around the corner...
Chris Shea
June 21, 2024
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We recently had the pleasure of working with Jim and Donna from Klinge Realty Group to sell our house, and we couldn't be more satisfied with the experience. From the initial meeting, they listened attentively to our needs and provided invaluable guidance on specific improvements to get our home market ready.
Their responsiveness throughout the entire process was truly impressive. Anytime we had questions or concerns, they were quick to address them, ensuring we felt comfortable and informed every step of the way. What stood out the most was their team and extensive network of tradespeople, which made addressing any necessary repairs or updates seamless and stress-free.
Thanks to their expertise and dedication, our house sold quickly and at a great price. We highly recommend Jim and Donna to anyone looking to buy or sell a home. They are a fantastic team who truly care about their clients and deliver exceptional results.