As a homeowner or potential home seller, staying informed about changes in the real estate landscape is crucial. With recent developments in the industry pertaining to fee structures and disclosures, and lots of chatter and misinformation surrounding the pending changes in commission offerings via REALTOR® networks, it’s natural to have questions and concerns. Here at Lucas Real Estate, a leader in Luxury Real Estate with legal guidance and tax strategy in real estate, we’re committed to providing you with the guidance and expertise needed to navigate these changes seamlessly.

Addressing Public Concerns

One common concern that has surfaced relates to recent real estate lawsuits and their potential impact on the industry pertaining to commission offerings and the way in which real estate agents negotiate payments with their clients and the buyers and sellers of real estate. These changes will impact everyone involved in real estate. For consumers (such as buyers fearful of increased cost of homeownership), to sellers strategizing how best to adjust, to real estate professionals concerned about new regulation and new conversations with their clients — it’s essential to address these concerns with accurate information and clarity. The proposed settlement by the National Association of Realtors aims to enhance transparency within real estate transactions. Here’s what you need to know:

1. Increased Transparency: Details of commissions will be openly available, promoting transparency throughout the buying and selling process.
2. Value Communication: Emphasizing the importance of articulating our value as real estate professionals ensures clients understand the benefits we bring to the table.
3. Regulatory Changes: While buyer’s agent compensation may not be listed on MLS, sellers can still offer it to maintain a competitive edge.

These adjustments are designed to refine how agents, buyers, and sellers interact, ultimately leading to smoother transactions. At Lucas Real Estate, we see these changes as a positive step towards greater clarity and professionalism in the industry.

New Requirements for Buyer Representation Agreements

Beginning mid-July 2024, the terms of the NAR Settlement will introduce new requirements for agents representing buyers. These changes are designed to enhance transparency and ensure clear communication between agents and their clients. Moving forward, agents must enter into a written agreement with buyers before they tour any home. This agreement must include specific conditions regarding compensation:

1. Disclosure of Compensation: The written agreement must conspicuously disclose the amount or rate of compensation to be received by the agent, regardless of the source or how this amount will be determined.
2. Objectively Ascertainable Compensation: The amount of compensation cannot be open-ended but must be objectively ascertainable. This means that it cannot be stated as “whatever amount the seller is offering to the buyer.”
3. Limitation on Compensation: Agents cannot be compensated more than the amount stated in the buyer representation agreement, regardless of the source. For instance, if the seller or listing agent offers additional payment, the additional commission cannot exceed the amount agreed upon in the buyer representation agreement.

These new requirements aim to ensure clarity and fairness in real estate transactions, benefiting both buyers and their agents. It’s essential for agents to familiarize themselves with these changes and ensure compliance to maintain professionalism and uphold the best interests of their clients.

Responding to Questions about Commissions

Another question that arises pertains to changes in commission structures, particularly regarding the buyer’s side commission. Here’s what you need to know:

1. Commission Flexibility: Commissions have always been negotiable, and while the proposal to remove buyer’s agent compensation from MLS visibility may lead some to think they can save on commissions, it’s essential to consider the broader implications.
2. Market Positioning: Offering a commission can attract more buyers through their agents, potentially leading to better offers.
3. Professional Handling: Transactions involving real estate agents typically handle complexities like inspections and legal paperwork more smoothly, which can be invaluable.

Ultimately, the decision on how to proceed is yours. At Lucas Real Estate, we’re here to provide you with all the information you need to make informed choices tailored to your unique circumstances. Our expertise and dedication ensure that you receive the best possible representation throughout the buying or selling process.

As we navigate these changes together, you can trust Lucas Real Estate to be your steadfast partner, guiding you every step of the way. Reach out to us today to learn more about how we can help you achieve your real estate goals in Newport Beach, Eastside Costa Mesa, and beyond.

– Devin Lucas

Devin R. Lucas is a REALTOR®, Real Estate Attorney and real estate Broker, specializing in Newport Beach, Costa Mesa and Orange County coastal communities, serving individuals, trustees and investors in residential real estate.

Lucas Real Estate – Attorney Devin Lucas and CPA Courtney Lucas – are experts in residential real estate sales in Newport Beach, Costa Mesa and coastal Orange County, tax considerations, Trustee representation, family sales, and California’s Proposition 19.

Questions about a potential open-market home sale or purchase? – contact us anytime via phone (949-478-1623) or email ([email protected])

Lucas Real Estate
REALTORS® and related Real Estate Law & Tax Considerations

Luxury Real Estate with Legal Guidance and Tax Strategy
lucas-real-estate.com | [email protected] | BRE No. 01912302
949.478.1623 office | 888.667.6038 fax
2901 West Coast Highway Suite 200
Newport Beach | California | 92663-4023

Lucas Real Estate is a unique full-service residential real estate brokerage providing related residential real estate legal services and real estate tax considerations and planning, based in Newport Beach, California. | Devin Lucas is a licensed California Real Estate Attorney, Real Estate Broker and REALTOR® | Courtney Lucas is a California licensed CPA and REALTOR®

Photo by Tim Graf.

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—-Disclaimer —-

The content on this blog is for informational purposes only. Nothing on this blog should be construed to be legal advice, and you should not act or refrain from acting on the basis of any content on this blog without seeking appropriate legal advice regarding your particular situation, from an attorney licensed to practice law in your state. The content on this blog is not guaranteed to be correct, complete, or up to date. Devin R. Lucas’ office is in Newport Beach, California and is only licensed to practice law in California. Please be advised that Devin R. Lucas only provides legal services or advice pursuant to a written legal services agreement. The content on this blog is not intended to, and does not, create an attorney-client relationship between you and Devin R. Lucas, nor does our receipt of an email or other communication from you. Some jurisdictions may consider this site to constitute attorney advertising; accordingly, please be advised this is an advertisement.

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