More Actives & Fewer Sales

There isn’t as much fluff as we used to have in the pre-pandemic days.

In March 2019, there were 6,026 homes for sale, but only 2,554 sold, which means there were lots of sellers and agents on the open market who were in price-discovery mode – and they found out what the market wouldn’t bear.

We’re heading back that way again.

For the last three years, we’ve been spoiled by maximum demand (caused by low inventory combined with low rates). But now that both are creeping upward, there will be sellers/agents who are overly-optimistic and don’t factor the negative impact into their equation.

Last month’s ratio of 2,871/1,950 = 1.47 is still better than the 2019 numbers of 6,026/2,554 = 2.36, but don’t be surprised to see an upward trend of unsold listings forming over the next few months.

Negotiable Commissions?

Are commissions negotiable?

The common perception is Yes, because commission rates aren’t determined by any regulatory body, and brokerages/agents are free to devise their own compensation plan.

But the agents who have a meaningful skill set and a book of business have determined their fee. They aren’t going to work for less just because the NAR blew their defense of a two-bit lawsuit in Missouri. In addition, the consumers who are convinced that their agent is worth it will pay their fee to ensure they get quality help that delivers the best results.

If you want to negotiate the fee, you will have to find a different agent.

The exodus of incompetant realtors leaving the business over the next 2-3 years will be significant, and their commission rate will be more negotiable than ever. Will consumers take a chance on the has-been agent hoping to eek out one last deal before they quit, just to save a point? Unfortunately, the answer will be yes in many cases.

How bad is it? I could tell a new story every day.

How about the listing agent wants to give his 80+ year old seller the personal touch, but he doesn’t like driving the 30 minutes to her house….so completing the final documents to close escrow has been stalled. The seller is moving to Arizona, and she had to get her realtor there to help her fill out the forms!

Hopefully the result of the Big Shakeout will be that consumers investigate thoroughly the services that realtors offer, and understand that different agents do different things. There will always be the agents that offer to do less – carefully examine whether reduced services are in your best interest.

Frenzy Monitor

NSDCC Active and Pending Listings

The unsold listings are stacking up earlier than normal in Del Mar (Median LP = $4,750,000) and in Rancho Santa Fe (Median LP = $7,895,000) but no one is going to feel sorry for them.

The other areas are hanging tough around the 2:1 ratio or better, which has been the healthy-market zone.

But look at SE Carlsbad for an example. It has the exact same number of pendings as there were at this time last April, but the number of actives are almost doubled, even with a reasonable median LP of $2,099,000.

This year, there will be more listings that price too high, don’t adjust, and get left behind.

NSDCC First Quarter Comparisons

The first quarter of 2024 is the only 1Q in recent history to have increases in BOTH the number of listings AND the median list price. Previously, increases in pricing had a corresponding dip in the number of listings available for buyers to consider.

If you are like me, you’ve seen a noticeable surge in seller optimism in 2024. It’s not just the median list price that is up 8%, doesn’t it seem like everything is $200,000 higher than last year?

Inventory Watch

It looks like we’ve found the number.

Because the inventory was so low last year, I thought the market could easily handle a 10% to 20% increase in active listings this year.

But now the number of actives is +30% YoY, and the pendings aren’t increasing in a similar fashion. If sales don’t pick up, it means a glut of unsold listings could be forming over the next 1-2 months.

Will buyers care?

Probably not, because they have shrugged off worse (higher prices and rates). But once a listing goes unsold for 2-3 weeks, it will take something drastic to get the buyers’ attention again.

(more…)

Commission Lawsuit Pay Outs

Attorneys for the plaintiffs claim they spent 96,500 hours and $13 million of their own money to review over 5 million documents. They retained at least 20 experts and consultants, and performed approximately 180 depositions, and suffered through three unsuccessful attempts at mediation to achieve this result. The two lawsuits have over 1,800 docket entries. Under well-established precedent, they say they are entitled to an award of attorneys’ fees representing one-third of the $208,500,000 settlement fund ($68,805,000).

Americans can claim payments as part of a major settlement from the National Association of Realtors and other real estate groups. A variety of real estate companies were also involved in the suit, which is paying out up to $418 million.

RE/MAX, Anywhere and Keller Williams were all named in the suit, which alleged that groups forced home sellers to pay commissions through anti-competitive agreements.

Agreements between companies can result in non-competition across an industry, which inflates prices and corporate profits.

These practices, allegedly used by the named real estate companies, may violate antitrust laws, which aim to protect consumers by preventing monopolies.

Plaintiffs in the case claimed that home sellers paid inflated commissions to brokers and real estate agents as a result. There are few details yet available on how much those impacted will be paid, according to Top Class Actions.

The deadline to file a claim is May 9.

If you were impacted and do not wish to be included in the settlement, the deadline for exclusions and opt-outs is April 13.

None of the companies involved in the suit admitted any wrongdoing.

First, you must have sold a home on a multiple listing service, or MLS, in the time period covered by the suit. Date ranges vary greatly based on region and listing service. The oldest complaints that could get payments are from 2014, with the newest being from early 2024.

The exact dates for your location can be found on the settlement website:

https://www.realestatecommissionlitigation.com/faq

You must also have paid a commission to a real estate brokerage in connection with that sale.

These brokerages are common across the industry, but many have speculated that could change soon as a result of years of legal trouble facing real estate companies.

If you’re unsure whether the suit applies to you, the settlement administrator can be reached at 888-995-0207.

If you do not opt out or file a claim, you may lose your right to be able to sue any of the companies implicated over this issue in the future.

The individual payouts are expected to be around $10-$13 per transaction.  I’ll also include a pair of tickets to the Del Mar Turf Club for any of our clients!

West Phoenix 55+

Urban sprawl in west Phoenix is a tradition and it makes you think that eventually the desert will be paved all the way to California!

We have clients who have befriended Shawn and find her personable and a believer in real estate videos. Here’s her introduction the the best 55+ homes in the west valley:

The Succession Plan

For the newer readers, Donna and I have two daughters.

After Kayla graduated from the University of Oregon, she worked with us for five years and then moved to Manhattan where she’s been a realtor there for the last six years.

Natalie has always been a dancer, and she graduated from UCLA with a degree in dance. Since then, she has lived in Los Angeles doing smaller gigs in hopes they would lead to a full-blown concert tour with a major artist. She got her break last year, and has been on tour with Karol G. since August.

For those who aren’t familiar with Karol G., she has been called the latin Beyonce. The tour will conclude in Madrid, a city where she is bigger than Bruce Springsteen and Taylor Swift:

While it has been the dream tour of a lifetime for Natalie, it will come to an end in July (not June – the wiki clip above has the wrong month), after which she will continue to pursue her dance career. Stay tuned!

At the same time, she has also been our full-time marketing director. She authors our email newsletters and handles all of our social media accounts!

Because dance careers tend to be limited to younger people, we anticipate that Natalie will take over our business at some point. She handles Kayla’s marketing too, and if it all goes right, the future of the Klinge Realty Group will be bi-coastal and continue for decades!

Attention realtors who don’t have kids taking over their business. We can help you!  When the times comes for you to exit the realtor business, we will buy your database, and take care of your people! Contact me when the time is right for you.

Buyer-Broker Agreements Required

While the media has been stirring up their hysteria over the commission decoupling…..this from CNN:

It’s the second part of the settlement that will likely frustrate buyers even further:

Let’s call it, The Return of the PEAD!

When Covid broke out, it was decided that the only way we could safely show homes again was if every buyer and agent submitted a form to the listing agent that declared they didn’t have Covid, and weren’t exposed to anyone who did. It was a joke of an exercise, but we had to do something.

Because this is a business where the competency of the listing agent is many times just measured by their ability to complete the forms, the gathering of the PEADs became almost militant in nature. Listing agents demanded that a buyer-agent MUST provide their PEADs before even thinking about scheduling an appointment to show the home!

Do you remember how in the minutes/hours it took to send the PEADs over to the listing agents, it caused just enough delay to allow shenanigans to take place behind the scenes? Listing agents would declare with glee, “Oh, you took too long to submit your PEADs and I already sold the house to someone else!”

The same thing will happen with the buyer-broker agreements. I’ve already had a Coldwell Banker agent tell me that if I was going to submit an offer on his listing, to make sure I include a copy of my buyer-broker agreement. It’s not required until July, but hey, it’s never too early to bust the chops of the buyer agents!

Secondly, think about the buyers who haven’t found a buyer-agent they liked yet, and just want to attend an open house that looked semi-interesting online.

The new rule says you can’t see the house without a buyer-broker agreement.

Open-house agents will be manning the front door with their “sign-in” sheets. But now those sheets will be committing the buyer to a buyer-agent commitment too. Will the agents mention that part? How many unwitting buyers will attend an open house in July and then find themselves in a 3-month or 6-month commitment with an agent they just met?

The legit agents will at least designate their agreement for this house only, where the buyers are committed to the agent if they buy the open house. But those buyers will be giving up their name, address, phone, and email so if you don’t buy this one, the agents keep contacting you until you buy or die.

Oh, you don’t like that program?

Chuck had the best reply so far, “Hey, it’s the DOJ”.

(tomorrow is a day off – I’ll be back Thursday!)

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