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The NAR Commission Ruling: What it Means for Real Estate Agents

Updated: Nov 13, 2023

[Homeowners Corner]

In the world of real estate, change is the only constant. Real estate agents and brokers have long been familiar with the ebb and flow of market trends, regulatory shifts, and evolving client expectations. However, a recent court ruling related to real estate commissions by the National Association of Realtors (NAR) has brought forth new questions, concerns, and opportunities in the industry.


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The NAR Commission Ruling: An Overview

The ruling found that the NAR and its affiliated local Multiple Listing Services (MLSs) engaged in anti-competitive practices by requiring brokers to offer a minimum commission to buyer's agents. While this marks a significant legal development, it's crucial to emphasize that the ruling does not dictate what real estate agents can charge their clients. The essence of the ruling revolves around the commission arrangements between brokers and their interactions with MLSs.


Explaining the Impact to Your Clients

As a real estate professional committed to ethical practices, transparency, and serving your clients' best interests, you may encounter questions and concerns about how the NAR commission ruling affects their real estate transactions. Here's how you can address them:


1. Assure Clients That the Ruling Doesn't Affect Your Services or Compensation

One of the most critical points to clarify is that the NAR ruling primarily addresses the relationship between brokers and MLS's. It does not alter your ability to set your commission rates, negotiate with clients, or provide exceptional service. Reassure your clients that your commitment to serving their needs remains unwavering.


2. Educate Your Clients on Real Estate Commissions

Many buyers and sellers may not be entirely familiar with how real estate commissions work. Take the time to explain that commissions typically cover the fees for both the listing agent (the agent who represents the seller) and the buyer's agent (the agent who represents the buyer). Let them know that these fees are traditionally split between the agents, and it's essential to clarify this arrangement early in the transaction.



3. Highlight Your Value

The NAR ruling emphasizes the need for real estate agents to showcase the unique value they bring to the table. As a dedicated professional, you offer clients expertise, market knowledge, negotiation skills, and the ability to navigate complex real estate transactions successfully. Emphasize your role as their trusted advocate in the real estate journey.


4. Address Questions on Buyer and Seller Responsibilities

Your clients may wonder who is responsible for paying the commissions. Explain that, typically, the seller pays the commissions for both agents. However, it's essential to remember that the commission arrangement is negotiable and can be part of the overall negotiations between the buyer and seller. Ultimately, the seller's net proceeds from the sale often cover these fees.


5. Open the Door to Discussions

The NAR commission ruling offers a unique opportunity to engage your clients in discussions about the homebuying and selling process. Use this as a chance to explore their specific needs and priorities, demonstrating your commitment to their success.


The recent NAR commission ruling underscores the importance of clarity, transparency, and ethical practices in real estate transactions. Real estate agents who operate with integrity and a dedication to their clients' best interests will continue to thrive, as they provide invaluable services that extend beyond the scope of commission structures. By effectively communicating these principles to clients, real estate professionals can navigate the evolving landscape and emerge as trusted advocates in the industry.




-My Home, My Sale



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