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PDX Real Estate EP158: Navigating the Future of Real Estate: The Impact of the NAR Lawsuit and What’s Next

Posted by: Steve Nassar | March 26, 2024

Almost everything from our last Best of Masters was about the NAR lawsuit and settlement. In fact, this was our largest audience ever. Everyone is interested in knowing how this is going to play out. 

In this episode, Steve and Joe share what this means to them and what it could look like going forward. They also share insightful comments and questions from listeners.  

In 2021, there were 100 billion dollars in commissions in the US. Is this pie going to shrink after the NAR lawsuit and settlement? Find out what we think!

The NAR lawsuit and settlement is huge. There are massive changes happening in our industry. These changes are equivalent to what Dodd-Frank did to the mortgage industry in 2010.

We break down how commissions used to work with buyer’s agents being sub agents of the seller. We talk about changes made in fiduciary responsibility and rules for transparency. 

The lawsuit found that NAR may need to pay 5.4 billion dollars. After this, negotiations started. It was just announced that they settled for $418 million.

Now buyer’s agent commission doesn’t need to be posted, and buyers representation agreements will be required in all 50 states. Starting in July with court approval.

No one really knows how this is going to play out, but we do know the changes are here. Instead of fighting it, let’s get through it together.

Join us as we navigate the possibilities. It’s not time to panic. It’s time to up our buyer representation game, improve our value, and master our craft!

Key Takeaways

The evolution of commission structures before and after the recent mandates

Why listing agents might see their share of commissions increase despite overall reductions

The anticipated increase in effort required to secure buyers under the new commission norms

Predictions for a rise in direct transactions between sellers and buyers

How the mandate for buyer’s agents to demonstrate value could enhance industry professionalism

Potential changes in how seller-paid commissions are disclosed

The necessity of representation agreements for both buyers and sellers in the new landscape

Tips for negotiating commissions with a signed buyer’s representation in hand

The emergence of service menus offered to buyers by various entities

Speculation on the impact of these changes on major real estate platforms like Zillow

The likelihood of more competitive pricing structures, including flat fees

The possibility for sellers to adjust commission offers dynamically

The critical role of securing signed buyer’s representation agreements

Questions around the future of pre-agreed broker commission rates in listing contracts

The need for extensive education among buyers, sellers, and brokers regarding these changes

The implications of eliminating the NAR’s MLS membership requirement

Connect with Joe

Soldera Properties

Joe on LinkedIn

Connect with Steve

Steve’s Team at Premiere Property Group

Steve on LinkedIn

Resources

The Truth About the NAR Settlement Agreement

Rick Gray Real Estate Coach

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The Portland Real Estate Podcast Hosted By Steve Nassar & Joe Fustolo. The ONLY source for Portland Oregon real estate news, forecasts, interviews and entertainment! Portlands #1 Real Estate Podcast! Real Experts. Real knowledge. Real Discussion.

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