Commission Transparency Should Be the Rule, Not the Exception
You may recall back in 2019 a slew of headlines frantically fear-mongering the potential end of the residential real estate industry as we know it. Obviously, the industry has not only survived its possible downfall, but it contin ued on a trajectory of explosive sales and inflated prices that coincided with exceptionally low inventory.
Here’s what happened: A homebuyer in California filed a class action lawsuit against the National Association of Realtors (NAR) and a slew of some of the largest global real estate companies. The plaintiff alleged that NAR and its co-defendants violated the law and, essentially, conspired to gouge consumers by inflating commissions and hin dering — if not eliminating — competition. The suit stated that tions because they’re primarily responsible for paying the commission to the seller’s agent and the buyer’s agent. It goes on to say that the cost to sellers would be much lower if buyers paid a commission to their own buyer’s agents.
Over the course of the lawsuit, the Department of Justice (DOJ) on competition in the residential real estate industry by concealing commissions collected by buyers brokers, even going as far as declaring their services are free. While buyers may not pay a commission to the buyer’s broker outright, sellers typically calculate the commission into the cost of the property.
The DOJ also charged that the industry made it too easy to quash competition by filtering listings based on the amount of the commission and even limiting access to listings to certain brokers and agents. Essentially, the plaintiff’s charged that if NAR committed to full transparency, compensation for brokers and agents would go down and consumers would save a lot of money.
While this and additional similar lawsuits have seen their fair share of twists and turns, one big takeaway for professionals is that consumers were demanding more transparency.
When a buyer or seller feels like their broker is concealing the amount of their
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"FALL" In With The Austin Board of REALTORS
Fall is finally here in Central Texas, and the Austin Board of REALTORS® has everything you need to stay on top of the shifting housing market. Stay informed on Election Day. Also, win a dream vacation and more!
A REALTOR® Guide to the November Elections
Support The ABoR Foundation + Win a Dream Vacation
Did you know that ABoR has its foundation focused on housing, education, and disaster relief work to solve the most pressing issues in our Central Texas community? When disasters strike, the ABoR Foundation mobilizes support from membership to contribute hundreds of hands-on hours and tens of thousands of dollars to help those in need. Since 1978, the ABoR Foundation has invested in hundreds of initiatives that have paid dividends to the Central Texas area in the form of happier people, healthier communities, and new opportunities for our fellow Texans.
You can support the ABoR Foundation by purchasing a raffle ticket in our 2022 Vacation Raffle. A member favorite, the ABoR Foundation Raffle allows the winner to choose between one of four incredible vacation packages, including:
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CORD SHIFLET 2022 PRESIDENTElections are right around the corner. Our ABoR Advocacy Team has been hard at work developing resources to inform agents about candidates who plan to prioritize housing if elected. Members can find the 2022 REALTOR® Voter Guide with ABoR-endorsed can didates and information about local bond propositions on the Voter Hub webpage at ABoR.com/Vote.
A new ScratchThat Podcast with ABoR CEO & Host Emily Chenevert is BACK with Austin Mayoral candidate Kirk Watson! Hear about his stance on issues that affect the real estate industry and his plans to prioritize housing if he is elected Mayor of Austin once again in November.
Listen to the most recent ScratchThat Podcast with Kirk Watson on all major podcasting platforms at ScratchPodcast.com, or watch the video at YouTube.com/AustinBoardofRealtors
Buy one ticket for $50 or five for $200 (1 FREE ticket!) by November 1 for a chance to win one of the dream getaways!
Visit ABoR.com/Raffle for full details on vacation packages and how to buy your ticket.
Stay On Top of the Changing Housing Market
Members have been buzzing about last month’s Market Shift Conversations Part One and are gearing up for part two on November 3! If you missed our panel of experts from part one sharing their insight on pricing strategies, staying competitive, and building buyer confidence, you can still get the recording at ABoR.com/MarketShift!
During part two, we’ll have more experts on hand to discuss how to weather a market shift. They'll also discuss tactics for keeping the pipeline pumping and setting expectations for business plans in the year ahead. Save your spot now at ABoR.com/Events.
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New Year, New Opportunities To Join A Committee
We are officially into the holiday season! This is always such an exciting time of year. It includes celebrating with friends and family, enjoying numerous tradi tions and reflecting on the good that we have experienced over the past year. It is also a time when we start to envision what the new year will hold for us and our business.
In planning for next year, be sure to set aside some time to volunteer with your local association! Central to the operation of the Williamson County Association of REALTORS® is the desire to involve its members. We have a culture of service. We believe the industry is better when we serve together. As a member of WCREALTORS there are several opportunities to serve. The activities of our Association start at the committee or small group level. New Year, New Committees! Here at WCREALTORS we have so many amazing committees for you to serve on. From finance to events, and everything in between! Be sure to head over to www.wcrealtors. org/get-involved to further explore all of the volunteer opportunities that we have available.
MICHELE SHERWOOD 2022 PRESIDENTDon’t let the word committee fool you. These are service-oriented groups that carry out spe cific functions. Most committees meet once a month for an hour in a hybrid setting.
Getting involved at the association level helps you to grow your network and gain more in sight into the industry from fellow professionals. Committee work helps grow strong bonds with REALTORS® and affiliates alike, while building valuable tools and lifelong friendships for your REALTOR® toolbox.
We are Williamson County. We Are Just North of Weird, and we’d love to see you around the Association in 2023!
J I M M Y D , A G E N T
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University Heights Grand Opening: Cathy Sanders of Scott Felder Homes, Kathrin Luetkhoff of JB Goodwin
and Erin Osborn of Scott Felder Homes
Global Congress Networking Happy Hour: Christine Wren of the Austin Board of REALTORS with Stacy Brunson Kuper Sotheby's International Realty
commission, or even who’s responsible for paying commission, they then question what other information is being concealed.
Williamson County Association of REALTOR 2022 President Michele Sherwood of Keller Williams Realty, doesn’t necessarily disagree with consumers’ concerns. “The challenge I see is that if someone's interested in purchasing a home, sometimes an agent will race out and show a property without actually sitting down, having a conversation and explaining how they get compensated.”
Sherwood doesn’t suggest that real estate professionals intentionally mislead clients. It’s more complicated than that. “One of the big gest challenges is that a lot of clients don't understand the compensation piece,” she said. There is an easy solution, though. A significant amount of confusion can be eliminated if agents initiate the compensation conversation as early in the transaction process as possible. “Preferably,” Sherwood suggests, “before agents show a single home.”
Talking about compensation is crucial for any professional, but that doesn’t mean it’s easy. And for some agents, it never gets any easier. But real estate professionals don't necessarily have to learn the ropes on their own.
Lots of local and statewide residential real estate organizations publish blog posts and FAQs, produce videos and infographics, and even offer continuing education (CE) classes that help agents and brokers find their voice and talk to clients about compensation.
One article by REALTOR Magazine offers straightforward tips for establishing compensation expectations with clients. The first is to use a buyer rep agreement, which details how agents get paid, how much they get paid, and by whom.
REALTORS are also strongly encouraged to fully disclose all the “extras.” For example, compensation for the buyer’s agent might be higher than the amount stated in the buyer rep agreement. It’s not unusual for something like this to happen. If a seller offers to pay a bonus upon sale of their property, buyers should be aware of it.
Every penny of the compensation agreement must be disclosed to clients and Sherwood believes it’s a conversation that should occur in person. “I think it's imperative to be open and honest with the people that you're working with,” she says. “It prevents prob lems down the road.” These days, a lot of brokerages won’t pay agents without that agreement in place. “I think it’s the right thing to do,” says Sherwood.
While many residential real estate professionals denounced the arguments made by the plaintiffs in the ongoing real estate commis sion lawsuits, some good has come out of it for consumers. A year ago, in the spirit of transparency, NAR announced that the organization would adopt a few key institutional changes.
For one, brokerages could no longer say their services are free. It’s a reference to the way that sellers, rather than buyers, fork over commission to an agent after their home sale closes. Essentially, NAR admitted that it was a rhetorical flourish since sellers typically include that commission into the cost of the home. So the buyer does pay. The organization agreed to close this loophole.
The second pro-consumer change was ensuring to disclose how much compensation buyer agents would receive. So now, part of a REALTORS’ duties includes discussing what services they provide and how they’re compensated.
NAR also committed to ending a practice that permitted listings to be excluded from search results based on the amount of compen sation offered to buyer agents. In a press release, the organization said these changes were made “to ensure pro-consumer, pro-competi tive marketplaces for buyers and sellers, and brokers.”
University Heights Grand Opening: John Alvaraz of Ascension Realty Group and Lindsey CzerlinskyEmmons of CzerlinskyEmmons Realty Group
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