Home Property GuidesProperty Insights & AdviceWhy the new real estate commission law passed in the US

Why the new real estate commission law passed in the US

by John Saunders
31st Oct 24 10:24 am

Today, buying a new house is more different than it used to be. On August 17th, the NAR (National Association of Realtors) settlement introduced new rules that changed how people sell and buy houses, specifically real estate commissions that realtors get. A realtor is a copyright term for a real estate agent who is an NAR member and subscribes to the association’s code of ethics.

Understanding these new rules

Under these new rules, the requirement for a home seller to automatically pay a commission to the buyer’s agent is completely removed. This simply means the responsibility for paying commission to a buyer’s realtor can entirely shift to the home buyer, changing how buying/selling transactions are closed and negotiated.

A home seller is no longer beholden to second-party agreements to pay commission to the buyer’s realtor. If you are a real estate agent Richmond, VA, this new change introduces a free approach in the market, where it isn’t determined who pays you as a realtor. It is just a matter of negotiating.

Who benefits the most from this change?

While the entire settlement is meant to benefit every buyer and seller, this might not be the case. If the old model of sharing commission is altered fundamentally, it may result in more upfront expenses for home buyers.

This can make owning a home more difficult for most consumers, especially those with very limited financial flexibility. Apart from sellers, who may decide whether they still want to foot the bill for buyers’ realtors and how much commission they are ready to pay, the winner will likely be a high-income buyer.

On the contrary, the agreement can increase the difficulties that first-time and low-income home buyers face in the housing market. Part of this settlement agreement includes provisions that home buyers must sign contracts with their realtors before they tour any potential property. This contract often includes language outlining how buyers are liable for paying the realtor’s commission if the home seller chooses not to.

Reasons the commission law passed

2024 will be remembered in history for being a game-changer year. The commission law in the U.S. that alters disclosures and negotiations marks a shift in the housing market in the country, facilitated by fairness and transparency demands.

The new law aims to empower buyers and minimize inflated costs by requiring them to negotiate their realtor’s fees and eliminating the automatic split of commissions from the home sellers’ side.

The new law saw the light simply because it guaranteed to reshape the transactions’ dynamics of the real estate market, with long-term impacts still unfolding. Apart from increased fairness and transparency demand, the following are more reasons why the law passed:

  • Home sellers won’t pay both realtor commissions anymore
  • The importance of adapting to personalize real estate services

The bottom line is that commission in the U.S. real estate market introduces a great change, thus empowering buyers and sellers concerning commission fees, aligning closely with financial objectives, and reflecting the value they get. This new law promotes more control of real estate commissions to sellers and buyers in transactions. But to benefit a lot from it, it is important to identify and work with a knowledgeable broker to help you navigate those changes, ensuring all the parties optimize and understand their positions in this evolving market.

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