Open Houses and Written Agreements
As of August 17, 2024, many real estate professionals nationwide will be asking buyers to enter into a written agreement prior to touring a home. But what if you are just attending an open house? Here's what you should know: I am attending an open house without an agent. Do I need a written buyer agreement in order to tour the home? No. If you are simply visiting an open house on your own or asking a real estate professional about their services, you do not need to sign a written buyer agreement. Is an agent who is hosting an open house required to enter into written agreements with the potential buyers who attend the open house? No. In this case, since the agent is only there at the direction of the listing broker or seller, the agent is not required to have a written agreement with the buyers touring the home. When will I be asked to sign an agreement with an agent? After you begin "working with" an agent and at any point before you tour your first house together. What does "working with" an agent mean? A buyer is "working with" an agent as soon as the agent begins to provide services, such as identifying potential properties and arranging tours. Agents who are simply marketing their services or speaking to a buyer—at an open house or by provided a buyer access to a house they have listed—are not considered to be working with the buyer. What does it mean to "tour" a home? Under the terms of the settlement, a "tour" is when a buyer who is working with an agent enters a home that is for sale or directs their agent to enter the home on their behalf. This includes when the buyer's agent provides a live, virtual tour to a buyer not physically present. What is the purpose of the written buyer agreements? Clarity and transparency. Written buyer agreements lay out the services your real estate professional will provide and what they will be paid. Buyers should not sign anything that includes terms they do not agree with or do not understand. You are in the driver's seat with these agreements, which are fully negotiable. Where can I learn more about buyer agreements? NAR has created a dedicated resource on written buyer agreements here. Please visit facts.realtor for more information and resources, and consult with your real estate professional about state law when purchasing a home in Alaska. This article was originally published by the National Association of REALTORS®.
Selling your home after the NAR settlement
The recent settlement by the National Association of Realtors (NAR) has sent ripples through the real estate market, particularly affecting how sellers and buyers interact. For those planning to sell their homes, understanding these changes is crucial for navigating the evolving landscape. We'll delve into how the NAR commission changes impact sellers and offer insights on how to effectively work with buyers and their agents in this new environment. Understanding the NAR Commission Changes The NAR settlement primarily focuses on commission transparency and how commissions are negotiated between sellers, buyers, and their respective agents. Previously, it was common practice for sellers to cover both their own agent's commission and that of the buyer's agent. This often led to a lack of clarity for buyers about what portion of the overall transaction cost was going towards agent commissions. With the new changes, there is a push for greater transparency and flexibility in commission structures. Sellers are now more empowered to negotiate commissions directly with their agents, potentially leading to lower overall costs. However, this also means that buyers might need to take a more active role in negotiating and possibly covering their agent’s fees. Impact on Sellers For sellers, these changes bring both opportunities and challenges. On one hand, having more control over commission negotiations can lead to cost savings. Sellers can shop around for agents who offer competitive rates or even opt for flat-fee services. On the other hand, sellers must now be more strategic in attracting buyers' agents. Since buyers may be responsible for their agent’s commission, offering a competitive rate can make your property more appealing to those agents who's buyers may not be able to fully cover their own agent fees on top of their closing costs and down payment. Working with Buyers and Their Agents In this new landscape, fostering good relationships with buyers and their agents becomes even more critical. Here are some strategies: 1. Transparent Communication: Clearly outline the commission structure in your listing details. Transparency builds trust and sets clear expectations from the outset. 2. Competitive Commissions: While you have the flexibility to negotiate commissions, offering a competitive rate can incentivize buyer agents to show your property. 3. Highlighting Value: Emphasize the unique features and benefits of your home in marketing materials. A well-presented home can attract serious buyers willing to negotiate terms that are favorable for both parties. 4. Flexible Negotiations: Be open to discussions about commission structures during negotiations. Flexibility can often lead to mutually beneficial agreements. Market Update The real estate market remains dynamic as we move through 2024. Despite economic uncertainties, demand for homes continues to be strong in many regions due to low inventory levels and favorable interest rates. However, sellers should remain vigilant about market trends in their specific areas. The NAR settlement is part of a broader trend towards greater transparency and consumer empowerment in real estate transactions. As these changes take hold, staying informed and adaptable will be key for successful home sales. Real Estate News Beyond the NAR settlement, several other factors are influencing the real estate market this year. Technological advancements are making virtual tours and digital transactions more commonplace, providing convenience but also requiring sellers to ensure their listings are tech-friendly. Additionally, sustainability is becoming a significant selling point as more buyers seek energy-efficient homes with eco-friendly features. Highlighting any green upgrades or certifications your home has can make it stand out in a crowded market. In conclusion, while the NAR settlement introduces new dynamics into real estate transactions, it also offers opportunities for sellers willing to adapt and strategize effectively. By understanding these changes and working proactively with buyers and their agents, you can navigate this evolving market successfully and achieve your selling goals. Our team is always staying up to date on the ever-changing market and understands the new flexibility in commission structures. If you're looking to sell today, our team is your team.
Homebuyers and the new commission changes
Navigating the world of real estate can often feel like an intricate dance, especially for first-time homebuyers. Among the multitude of factors to consider, the recent National Association of Realtors (NAR) settlement regarding commission changes introduces a new layer of complexity that buyers should be aware of. This settlement aims to bring more transparency to the commission structure in real estate transactions, directly impacting both homebuyers and their agents. Historically, real estate commissions have been somewhat of a mystery to many homebuyers. Generally, the seller pays the commission fees, which are then split between the seller's agent and the buyer's agent. However, the fees are indirectly factored into the sale price of the home, meaning buyers ultimately bear the cost. The recent settlement by the NAR intends to demystify these transactions. Here’s what that means for homebuyers: 1. Enhanced Transparency: With the new changes, homebuyers will have a clearer understanding of what their agent earns. The settlement stipulates that commission rates must be disclosed to buyers upfront. This results in better-informed decisions and potentially more negotiation power for the buyer. Buyers can now question if the commission rates are fair and aligned with the market standards, ensuring that they are getting the best deal possible. 2. Increased Competition: Greater transparency often leads to increased competition, and this is no different in the real estate industry. With commission rates in the open, agents may be compelled to offer more competitive rates or enhance their services to attract clients. This could be advantageous for homebuyers, offering them not just better pricing but also improved service quality. 3. Empowerment in Agent Selection: In light of the settlement, homebuyers are in a better position to choose an agent based on merit rather than word-of-mouth or random selection. Buyers can now compare commission rates and decide which agent offers the best value for their specific needs and situation. 4. Potential Cost Savings: Transparent commissions could potentially lead to cost savings. Since homebuyers will be more aware of the fees involved, they can negotiate terms more effectively. This might lead to a reduction in overall costs, or better yet, funds that can be redirected towards other home-buying expenses such as moving costs or home improvements. For real estate agents, this settlement represents both a challenge and an opportunity. Increased transparency necessitates that agents are upfront about their fees and services. Agents must provide the utmost value to stand out in a more competitive market. Here’s how agents can navigate these changes: 1. Clarify Value Proposition: Agents should clearly communicate the value they bring to the transaction. Whether it's market expertise, negotiation skills, or local connections, buyers need to understand the advantages of working with a particular agent. 2. Adapt Marketing Strategies: With commission rates being more accessible, agents need to refine their marketing strategies. Highlighting success stories, detailed service offerings, and testimonials from satisfied clients can help demonstrate value. 3. Leverage Technology: Utilizing technology to provide better services is crucial. Virtual tours, digital document signing, and advanced market analytics are tools that can elevate an agent’s service offerings and appeal to tech-savvy homebuyers. In conclusion, the NAR settlement on commission changes holds significant implications for homebuyers and their agents. Increased transparency and competition in the market can lead to more informed decisions, potential cost savings, and an overall improvement in service quality. Both buyers and agents need to adapt to this evolving landscape thoughtfully and proactively. For homebuyers, being aware of these changes empowers them to navigate the home-buying process more effectively, ensuring that they get the best value out of their investment. Our team at Alaska Real Estate Connection is ready to help you understand and navigate these changes, while guiding you on a stress-free and up-front path to homeownership at the timeline that works for you. More details about the recent changes can be found at facts.realtor.