The undated FAQs were released today. Buyers don’t have to sign a written buyer-agent agreement just to tour an open house! The clarifications from NAR:
The practice change requiring written agreements with buyers is triggered by two conditions: it only applies to MLS participants “working with” buyers and is triggered by “touring a home.”
What does it mean to be “working with” a buyer?
The “working with” language is intended to distinguish MLS participants who provide brokerage services to a buyer — such as identifying potential properties, arranging for the buyer to tour a property, performing or facilitating negotiations on behalf of the buyer, presenting offers by the buyer, or other services for the buyer —from MLS participants who simply market their services or just talk to a buyer — like at an open house or by providing an unrepresented buyer access to a house they have listed.
If the MLS participant is working only as an agent or subagent of the seller, then the participant is not “working with the buyer.” In that scenario, an agreement is not required because the participant is performing work for the seller and not the buyer.
Authorized dual agents, on the other hand, work with the buyer (and the seller).
What does it mean to tour a home?
Written buyer agreements are required before a buyer tours a home for sale listed on the MLS.
Touring a home means when the buyer and/or the MLS participant, or other agent, at the direction of the MLS participant working with the buyer, enter(s) the house. This includes when the MLS participant or other agent, at the direction of the MLS participant, working with the buyer enters the home to provide a live, virtual tour to a buyer not physically present.
A “home” means a residential property consisting of not less than one nor more than four residential dwelling units.
If an MLS participant hosts an open house or provides access to a property, on behalf of the seller only, to an unrepresented buyer, will they be required to enter into a written agreement with those buyers touring the home?
No. The new rule will cover every type of relationship where an MLS participant is working with a buyer.
Are written buyer agreements required when listing agents talk with a buyer on behalf of a seller only or as subagents of the seller?
No. If the MLS participant is working only as an agent or subagent of the seller, then the participant is not working for the buyer. In that scenario, an agreement is not required because the participant is performing work for the seller and not the buyer.
Are written buyer agreements required when MLS participants perform ministerial acts?
Yes. The obligation is triggered once the MLS participant is working with that buyer and has taken them to tour a home, regardless of what other acts the MLS participant performs.
But an MLS participant performing only ministerial acts — without the expectation of being paid for those acts and who has not taken the buyer to tour a home — is not working for the buyer.
Are written buyer agreements required in a dual agency scenario, when a single agent works both for the seller and for the buyer?
Yes. If an MLS participant is working as an agent for a buyer, a written agreement is required.
Are written buyer agreements required in a designated agency scenario, when a single broker works both for the seller and for the buyer, and designates an agent to represent the buyer?
Yes. If an MLS participant is working as an agent for a buyer, a written agreement is required.
Think of the monumental change needed in the listing agent’s psyche to get them to stop scolding the buyer-agents and give some respect – but instead they are shorting the commissions too. If you blow off the buyer-agents, then you’re on your own – and the vast majority of agents will have no clue how to find their own buyers.
From the confidential remarks in recent MLS listings:
Buyer did not perform! Seller wants it gone. Seller is going to request your EMD deposit released upon receipt! $25K No games! This home will not go VA, or FHA because of the state of repair. Seller has unfinished work do to other buyers wanting him to stop work because they were buying AS-IS. Sellers are not going to do any repairs. Enter house thought side door do not open front door, BE VERY CAREFUL! Very unsafe! Good luck!
Broker/Agent does not guarantee accuracy of permits, square footage, lot size, zoning, rent control, use codes, schools, and/or other information concerning the condition or features of the property provided by the seller or obtained by public records. Buyer is advised to independently verify the accuracy of all information through personal inspections, the City, and with appropriate professionals.
Please confirm with the listing agent (via text) that the front door is locked properly before leaving property.
Be timely, turn off lights and lock all doors behind you.
Do not contact agent to hold open house or ask to market the property online or through Social Media.
I have tried to be available to everyone for showings and conversations, however I am finished answering questions on what the seller’s want. Thank you for your hard work.
Seller accepted an offer prior to coming to market. There is not a bedroom on the first floor. Please do not request a showing if your clients need a downstairs bedroom. Please do not request to hold open, we hold open houses internally with our team.
NO MORE SHOWINGS OR OFFERS ! MULTIPLE OFFERS RECEIVED!
new double pain windows
Photos along with offer instructions coming soon. Do not contact agent to hold open house or ask to market the property online or through Social Media.
Must provide POF / Lender letter for showing. Only qualified buyers. Listing agent at all showings. No lockbox. Dog on property.
Strictly showing by appointment only.
Only selling 1/2 of the building. No HOA has been formed for the building. 1 bedroom is tenant occupied with lease ending 7/31/24. A/C only in 1 bedroom. Tenant interested in staying.
Home has video cameras inside and out. Seller will be removing Lutron Casseria smart home (switches) and replacing with standard. Security cameras, wine fridge and outside fridge do not convey.
Multiple generous offers already received, all are due by noon, Monday 4/29. You must register your showing using the Sentrilock box or physically attend the open house on Sunday 1 to 4, 4/28. DO NOT USE SHOWING TIME. Touring the property will be a condition of acceptance along with loan cross qualification by (the listing agent’s lender). Please send in your best and highest offer with POFs and loan letter. Offers that do not have all the requirements or are sent to the wrong email, will not be considered. Seller reserves the right to select the best one offer or send out multiple counter offers. Seller to select services.
You’re open? Sure gives the feeling that they plan to work you over on the buyer-side commission.
How about 3%? Oh, you want to negotiate – make it 4% then!
In the last week, there were 67 new listings between La Jolla and Carlsbad – the highest weekly count in 2024 and only the second time over sixty this year. But the appearance in the graph above was muted because there were 36 new pendings, and 42 closings – which is good flow! There have been 36 new pendings in three out of the last four weeks, which doesn’t suggest much of a slow down.
We’re already up to 165 sales this month, the same as last April! The median sales price YoY is up 8.3% too.
It’s just a matter of time before a big player brings the auction format to the residential resale market. These guys are in position – they are auctioning commercial properties, and with their sister company Homes.com wanting to be the #1 search portal, it would be a natural transition:
When Sotheby’s sells paintings at auction, no one thinks of them as being distressed.
So why does real estate sold at auction get a bad rap?
Ten-X, the world’s largest online commercial real estate exchange, makes a positive case for auctions as the fastest and most accurate way of finding a property’s true value. By combining 21st Century online sales tech with industry-leading data from CoStar, Ten-X cuts through the inefficiencies of the traditional sales process, finding sellers the right buyer in an average of 100 days from marketing to close.
TRD sat down with Ten-X President Steven Jacobs and Vice President Victor Gutierrez to learn how their platform is perfect for sellers feeling stress in the current market, who need to get assets off their books before they become distressed.
Ten-X’s sales platform is built to establish a property’s value from the start and then find the right buyer in a timely fashion with as little back and forth as possible. But what may seem like an obvious way of doing business is actually the reverse of how most real estate deals are done.
“The way traditional sales are done is fundamentally backwards,” says Gutierrez, who describes the inefficiencies of the normal process: “I give you a bit of information, and then you give me the price you’re willing to pay, and then I give you the rest of the information, and then you adjust your price, and now we’ve been going back and forth for months.”
“When you’re selling a property, by the time you get through the first and second round of offers, then the best and final round and pick an investor, it’s taken five or six months,” adds Jacobs. Only then does the due diligence begin, after which, “a majority of the time you get a retrade.”
In the end, months after going to market, the result is a deal for a lower price than the initial offer. “It becomes a negative experience,” says Jacobs.
With Ten-X, this order of operations is turned on its head. “The buyer does the due diligence before making an offer,” explains Jacobs. “As a buyer, by the time you come to the auction, you’ve read the rent roll, you’ve toured the asset, you’ve looked at the financials, you’ve seen the property condition report. You’ve had access to best-in-class CoStar data and documents. All the stuff that you typically have to do post-contract, you’ve already done beforehand.”
This transparency benefits both sellers and buyers. For sellers, they can complete a sale in a fraction of the time as a traditional deal while retaining a similar degree of control over the price thanks to their ability to set a reserve price under which they can choose not to accept an offer. For buyers, not only do they have all the information before making a bid, but the process is transparent and fair, what Jacobs describes as “an even playing field.”
Buyers, like sellers, access the Ten-X platform through a robust digital platform that puts all the information they need to make an informed bid at their fingertips. Ten-X has also brought Stripe technology to the platform, which has streamlined the buying process further by giving bidders the ability to securely link their bank accounts for instantaneous approvals and real-time proof of funds updates.
How bad can it be in Mississippi? Oh wait, don’t answer that.
Median-priced homes in these states cost $300,000 or less, a significant discount compared with the U.S. median price of $402,343.
While these 14 states may have cheaper properties available, there are trade-offs to consider, like higher rates of poverty and fewer high-paying jobs compared with the rest of the country. Many of them are among the most rural in the United States, and incomes in rural areas tend to be lower than in urban cities.
In contrast, you’d need to make $197,057 to afford a median-priced home worth $739,200 in California — the highest amongst all states.
In February, their annual appreciation guesses were in the 3% to 4% range. In March, they got excited and bumped all local areas up to 4.9% to 6.3%! They are back to the 2.2%-3.9% range, with Carmel Valley clocking in with a solid 4.3% over the next 12 months.
It probably means that pricing will be fairly flat until next year:
Carlsbad NW
Carlsbad SE Carlsbad NE Carlsbad SW
Carmel Valley Del Mar Encinitas La Jolla Rancho Santa Fe
There may be a lot of turbulence around real estate these days, but sales keep happening!
The pricing metrics are up 5%-6% since last April, and we’re not done yet with sales this month. Helped by Easter being on March 31st this year, the final count of closings for April, 2024 is probably going to exceed last year’s 165 sales – wow!
It was so great to start the tour today with Pete’s new listing on the Encinitas Ranch Golf Course whose owners succumbed to the problem at hand. They get hit by golf balls, so provide a barrier and live with it.
This is way better than the alternative where potential buyers have to wonder about the impact. Know this – when a golf ball hits your roof, it sounds like a bomb went off.
We lost Gregg LeNoir Allman in 2017 at age 70, and we lost Dickie last week at age 80 – rest in peace. We won’t see anything like this again. (hat tip just some guy):
“Melissa” (sometimes called “Sweet Melissa”) is a song by American rock band the Allman Brothers Band, released in August 1972 as the second single from the group’s fourth album, Eat a Peach. The song was written by vocalist Gregg Allman in 1967, well before the founding of the group. Two demo versions from those years exist, including a version cut by the 31st of February, a band that featured Butch Trucks, the Allman Brothers’ later drummer. Allman sold the publishing rights later that year, but they were reacquired by manager Phil Walden in 1972.
The song’s title is frequently referred to incorrectly as “Sweet Melissa” due to the lyric being sung at the end of each of the first two choruses.
The version on Eat a Peach was recorded in tribute to Duane Allman, who considered the song among his brother’s best and a personal favorite. He died in a motorcycle accident six weeks before its most famous rendition was recorded.
Gregg Allman penned the song in late 1967. He had previously struggled to create any songs with substance, and “Melissa” was among the first that survived after nearly 300 attempts to write a song he deemed good enough. Staying at the Evergreen Motel in Pensacola, Florida, he picked up Duane’s guitar which was tuned to open E and immediately felt inspired by the natural tuning. Words came naturally, but he stumbled on the name of the love interest. The song’s namesake was almost settled as Delilah before Melissa came to Allman at a grocery store where he was buying milk late one night, as he told the story in his memoir, My Cross to Bear:
It was my turn to get the coffee and juice for everyone, and I went to this twenty-four-hour grocery store, one of the few in town. There were two people at the cash registers, but only one other customer besides myself. She was an older Spanish lady, wearing the colorful shawls, with her hair all stacked up on her head. And she had what seemed to be her granddaughter with her, who was at the age when kids discover they have legs that will run. She was jumping and dancing; she looked like a little puppet. I went around getting my stuff, and at one point she was the next aisle over, and I heard her little feet run all the way down the aisle. And the woman said, “No, wait, Melissa. Come back—don’t run away, Melissa!” I went, “Sweet Melissa.” I could’ve gone over there and kissed that woman. As a matter of fact, we came down and met each other at the end of the aisle, and I looked at her and said, “Thank you so much.” She probably went straight home and said, “I met a crazy man at the fucking grocery.”
Allman rushed home and incorporated the name into the partially completed song, later introducing it to his brother: “[I] played it for my brother and he said, ‘It’s pretty good—for a love song. It ain’t rock and roll that makes me move my ass.’ He could be tough that way.” The duo produced a demo recording of “Melissa” that later surfaced on One More Try, a compilation of outtakes released thirty years later. In 1968, the duo recorded it during a demo session with the 31st of February, a band that featured Butch Trucks, the Allman Brothers’ later drummer. That version is thought to have featured the debut recorded slide guitar performance from Duane Allman, and the entire session was later compiled into Duane & Greg Allman, released in 1972. Gregg Allman sold the publishing rights to “Melissa”, as well “God Rest His Soul” (a tribute to Martin Luther King Jr.), to producer Steve Alaimo for $250 (equivalent to $2,190 in 2023) shortly thereafter. He had been tied up in Los Angeles, contractually bound by Liberty Records (who had previously issued albums by the Allmans’ first band, the Hour Glass), and used the money to buy an airplane ticket to fly back.
When Duane Allman was killed in a motorcycle accident in 1971, his brother performed the song at his funeral, as he had grown to like the song over the years. Gregg Allman commented that it “didn’t sit right” that he used one of his brother’s old guitars for the performance, but he nonetheless got through it; he called it “my brother’s favorite song that I ever wrote.” Both because he did not own the rights and found it “too soft” for the band’s repertoire, he never mentioned the song to the members of the Allman Brothers Band. Following Duane’s death, manager Phil Walden arranged to buy back the publishing rights in order to record the song for Eat a Peach, the band’s fourth album. Gregg brought it to the studio the day following his birthday and the band recorded it that afternoon at Criteria Studios in Miami, Florida. They felt it lacked a compelling instrumental backing element so guitarist Dickey Betts created the song’s lead guitar line.
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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.
