Hamilton Law Blog

Will The NAR Settlement Change The Way You Buy & Sell Real Property?

Posted by Philip E. Hamilton, Esq. | Apr 12, 2024 | 0 Comments

A massive settlement with the National Association of Realtors (NAR) will create significant shifts within the US real estate market. This development results from a class-action lawsuit, and it could redefine how we buy and sell properties throughout the country—and not just here in Michigan. The NAR settlement is as important for buyers and sellers as it could change established new real estate transaction norms. We want to explore the details of this settlement because anyone involved in real estate should understand how it could potentially impact future property dealings.

The New Landscape Surrounding Real Estate 

The resolution reached with the NAR is set to overhaul the conventional commission structure in real estate transactions. Historically, the sale of a property involved a commission, usually about 6% of the sales price. The commission then got divided among the real estate agents who represented the buyer and the seller. This practice has been reassessed mainly due to how people have incorporated the internet into home buying. It has significantly altered how people search for homes. Despite people searching for homes independently, the NAR and other major brokerage firms had engaged in practices to keep commissions artificially high. That is why there is a $418 million settlement. 

As a result of this settlement, sellers will no longer be automatically responsible for the buyer's agent's commission. This paves the way for more dynamic pricing and increased market transparency. This groundbreaking shift is expected to disrupt the status quo of real estate commissions, fostering more fair interactions between buyers and sellers. With the removal of set commission rates, the real estate market is anticipated to become more driven by negotiations. This could alter how properties are presented and sold, potentially empowering sellers and providing buyers with more transparent cost insights. Adjusting who is responsible for the commission (and how much they pay) indicates a shift towards a more equitable real estate market.

Adapting to Changes

The change in who bears the cost of the buyer's agent's commission might bring about considerable changes in purchasing strategies for potential buyers. Previously, the seller would typically cover this expense, but this practice is now changing due to the settlement. This modification means buyers and their agents may need to negotiate the commission instead of writing it off as a predetermined expenditure. The impact could produce a wide range of results within the market. 

The settlement also allows for a period of public commentary, offering the real estate community and the broader public the opportunity to influence how these changes are implemented. This evolving scenario requires buyers to be more aware and prepared, considering the agent's commission as a critical part of their budgeting for a home purchase. This move towards greater transaction transparency could force agents to articulate their value, potentially transforming the buyer-agent dynamic. In other words, what is the agent doing for the buyer or seller that warrants a commission? Ideally, this will morph into a market where the buyer is more informed, and hopefully, it will lead to more conducive, healthier, and more sustainable real estate practices.

Real Estate Attorneys Exist to Protect You 

The imminent changes herald a departure from long-standing real estate practices, hinting at a future where buyers and sellers can have greater control and flexibility. This evolving era in real estate transactions will likely necessitate increased diligence in financial planning and negotiations from all parties involved. As the real estate market adjusts to this significant settlement, understanding and adapting to these changes will be crucial for effectively navigating the future of real estate transactions.

Face These Changes with Hamilton Law 

As we embrace these changes in the real estate market, the value of legal advice cannot be overstated. The evolving rules and norms of property transactions present both opportunities and challenges. Real estate attorneys play a pivotal role in protecting your interests during this adjustment period. Whether buying, selling, or simply exploring your options, Hamilton Law is here to provide the personalized, knowledgeable support you need to make informed decisions. Our team is equipped to guide you through the complexities of the current real estate landscape, ensuring that your transactions are conducted smoothly and efficiently. Schedule your free consultation with Hamilton Law today, and let us help you achieve your real estate goals with confidence and peace of mind.

About the Author


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment