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...and some more straight talk from Budge Huskey

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Real Estate Agent with Jameson Sotheby's International Realty

National Association of Realtors settlement: What buyers/sellers should know | Home Front

Budge Huskey
Special to the Herald-Tribune
 
With all the recent media attention, by now most everyone is aware of major changes afoot in real estate this month. Commentary has run the gamut from the demise of the industry to real estate services in the future will now be essentially pro bono. Pardon if my words convey a dash of sarcasm yet, after over four decades of helping buyers and sellers and running two of the largest brokerage companies in the world, I am compelled to read missives of the misinformed as they pop corks in celebration.

Let us quickly review the two primary changes required in the National Association of Realtors settlement. The outcome stems from a blatant underestimation of the class-action attorneys' ability to sway a jury to a massive award, resulting in over $40 million in attorneys’ fees paid with less than $15 provided per person in the participant pool, almost all of whom had no complaints to begin with.

First, the compensation a seller offers to a broker assisting a buyer in buying a home will no longer be displayed in Multiple Listing Service. This means buyer agents must now individually contact listing agents to inquire about compensation amounts or find an alternative method. Additionally, the previously guaranteed compensation is now only a representation, requiring a separate agreement between brokerages before most offers from a buyer would be submitted.

Second, all Realtors are now required to have a buyer-broker representation agreement requesting compensation for real estate services in place before buyers can be shown a home. This compensation may be fully or partially offset by the seller. These agreements may include flexible terms about the extent of properties covered and the related time frame. Arguably, some real estate brokers who experience the all-too-frequent situation of working with a buyer for months with no compensation only to see the buyer use another at purchase may view it favorably.

The new rules were justified as consumer friendly, with class-action attorneys portrayed as champions of real estate buyers and sellers. I hold a contrarian perspective. In more than 40 years, I’ve had no buyer prefer paying the commission rather than having it included in the purchase price. Buyers also appreciated the freedom to view properties without commitment with the ability to select their favored representative when ready. Commissions paid by the seller to the buyer broker were, in fact, optional before the settlement.

An overarching goal of the suit was a total bifurcation of selling and buyer commissions, yet the previous structure never restricted either party from paying compensation to the broker of the other party, nor will it be restricted now. In addition, if a seller no longer wishes to offer compensation to a buyer’s broker, that outcome may still occur with a request to the seller from the broker or a request from the buyer in a contract offer. More complication and uncertainty.

Real estate transactions are emotional, yet the efficiency and customer satisfaction in how real estate is transacted in this country have been the envy of the world. The foundation of real estate sales evolved not out of collusion, as I’ve never had a conversation with a competitor about commissions since first licensed in 1981. Nor out of decree, since sellers were not forced to offer buyer compensation and buyers could have elected to pay directly at any time, but rather out of practicality and success.

What previously was a process described in 10 seconds now requires a decision tree flow chart that is more complex than a chemistry periodic table. Beyond that, these changes lead to reduced choices for real estate customers and infringe upon the rights of property owners to sell or buy homes as they see fit. I cannot help but view this as a Brexit moment where most believed it was a good idea yet soon realized it was not. And you did not even get a vote!

As to comments on rates, real estate is not a public utility. It is a business like others where owners set charges in a free market, with public choice and competition defining price elasticity. Fortunately, brokerages will still set their own fees like any other professional service, maintaining a wide range of offerings from discount to premium services with fees to match.

Our company is the No. 1 affiliate in the Sotheby’s International Realty brand’s extensive global network. That is not by accident. Our advisers are not just experienced, they are seasoned professionals with an average of 15-20 years of real estate experience who sell 3-5 times more volume annually than the average agent in our markets. Our marketing and platforms are not simply good, they are world class with continuing investments to provide elevated customer experiences. Our sophisticated customers expect nothing less and base their decisions on value and ultimate outcomes.

The good news is that we have prepared extensively for these changes, implementing standards and processes to ensure buyers and sellers remain well-represented and achieve their real estate objectives. We are ready. This month, the class-action attorneys may be off to select their next yacht, but our team will show up for duty focused on their customers' needs and best interests, just as before.

Budge Huskey is chief executive officer of Premier Sotheby’s International Realty.

Comments(12)

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Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Alan - seasoned professionals prepare for the changes that are faced on a regular basis.  That seems to be true in many practices.   And, of course, in real estate, where it's business as usual. With a twist of sorts.  

Aug 15, 2024 04:17 AM
Alan May

The voice of reason...

Aug 15, 2024 05:07 AM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

Thanks for clarifying lot of misinformation floating out there mostly misinformed media about the NAR settlement. Those are two items that are different now!!!

The compensation a seller offers to a broker assisting a buyer in buying a home will no longer be displayed in Multiple Listing Service and all Realtors are now required to have a buyer-broker representation agreement requesting compensation for real estate services in place before buyers can be shown a home.

Aug 15, 2024 04:26 AM
Alan May

Budge is pretty smart, isn't he?

Aug 15, 2024 05:08 AM
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Good morning Alan. When active in Florida during the period of power merges and consolidation I got to meet Budge. Without regard to navigating the political cess pool that took place, he always kept his head on his shoulders and looked forward. He should have argued for NAR and maybe this would all be gone with the current. Enjoy your day.

Aug 15, 2024 05:38 AM
Alan May

He might have prevailed, had he been on the lead team.

Aug 15, 2024 06:12 AM
Jeffrey Richman
Immediate Home Solutions - Myrtle Beach, SC
Creative Real Estate Specialist

Hi Alan,

Very concise information and very good.  There is quite a bit of misunderstanding out there where this is concerned

Aug 15, 2024 06:23 AM
Alan May

There sure is... even plenty of agents don't understand it.

Aug 15, 2024 06:26 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I'm so tired of reading all the incorrect information out there. Geez. Thanks for sharing Budge's overview.

Aug 15, 2024 07:09 AM
Alan May

happy to help

Aug 15, 2024 07:17 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Finally, some straight talk! Thanks, Alan.

Aug 15, 2024 12:37 PM
Alan May

Isn't that refreshing?

Aug 15, 2024 04:32 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good to hear some sensible commentary! Thank you for posting this!

Aug 15, 2024 03:47 PM
Alan May

I agree... and that's why I posted it.

Aug 15, 2024 04:32 PM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Hi Alan- I am so happy that you shared this. Since all of this began, I've been reading the posts here and trying to figure out what will happen. I like what this Budge Huskey has to say and how he says it. 

It seems like they're trying to see how confusing they can make it for the consumer while lining the pockets of the lawyers. 

Aug 15, 2024 07:26 PM
Alan May

The outcome is certainly not looking out for the consumer.

Aug 16, 2024 06:15 AM
Roy Kelley
Retired - Gaithersburg, MD

This is important information to share with home buyers and home sellers. 

Aug 17, 2024 06:47 AM
Alan May

I think it's important information for all.

Aug 17, 2024 07:33 AM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Aug 17, 2024 06:27 PM
Alan May

Thank you.

Aug 19, 2024 09:51 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Great contribution, Alan May 

Excellent information from Budge Huskey.

We will adapt and we will move forward and we will achieve success.

Aug 18, 2024 09:19 AM
Alan May

We will, indeed.  As we always have.

Aug 19, 2024 09:51 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

Those of us who have been in the business for several decades have seen the changes in our business. We adapt, we make the necessary adjustments, and then we continue to achieve our goals. Hey, I need to write a post using these, there "A's"!

Aug 18, 2024 11:46 AM
Alan May

Yep... we continue to adapt, adjust and achieve... three good 'A's".

Aug 19, 2024 09:53 AM