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Home > Buying a home Understanding the New Rules

Buying a home Understanding the New Rules

December 23, 2024 by Page Innis Leave a Comment

Buying a home is one of the most significant financial milestones in life. To make the journey smooth and informed, working with an agent like myself, who is also a REALTOR®, ensures you have a trusted guide. REALTORS like myself  ® are ethically committed to acting in your best interest and navigating you through every step of the process. Recent changes resulting from NAR’s settlement provide greater transparency and benefits to homebuyers. Here’s a breakdown of what these changes mean and what remains the same.

 

What the Settlement Means for Homebuyers

Written Agreements Before Tours
Before touring a home, you’ll sign a written agreement with your agent outlining the terms of your partnership.
– Review and negotiate terms with your agent to clarify services, value, and compensation.

Buyer Agreement Key Points

The agreement must include:
1. Clear Compensation Disclosure: The amount or rate the agent will be paid or how it’s determined.
2. Objective Compensation Terms: Specific figures (e.g., a flat fee or percentage) without open-ended terms.
3. Compensation Limits: The agent cannot receive more than what is outlined in the agreement.
4. Negotiability: A clear statement that fees and commissions are negotiable and not fixed by law.

Virtual or In-Person Tours

Photo Credit: Nicolas-series

Written agreements apply to both virtual and in-person tours. However, no agreement is required for casual conversations, such as at open houses.

Seller-Offered Compensation

Sellers may still offer to compensate your agent, but such offers are no longer shared via the Multiple Listing Service (MLS).

Seller Concessions

You can still negotiate perks like having the seller cover some closing costs.

These changes took effect on August 17, 2024, and are designed to enhance transparency and empower homebuyers.

What Remains the Same

REALTOR® Support
REALTORS® is still your trusted partner, ethically bound to prioritize your interests and guide you through home-buying.

Compensation Transparency
REALTOR® agents are required to have transparent discussions about compensation. You retain full negotiating power to determine what works best for you.

Homebuying Choices

Your options as a buyer remain broad, but preparation is key. Before attending an open house, schedule a meeting with your agent in person or via Zoom to review market trends, the current buyer or seller market, and essential changes. Sellers are no longer automatically responsible for paying your broker’s commission. While you can include it in your offer, discussing compensation and fairness with your buyer agent beforehand is vital.

Gone are the days when sellers automatically paid equal fees to buyer and seller agents. Listing agents are no longer required to advocate for equal commissions. Some buyers may consider working directly with the listing agent to avoid these complexities. However, keep in mind that listing agents represent the seller. While they must treat you fairly, they cannot provide the same level of support as a buyer agent, such as crafting offers or recommending inspectors. They will also require signed agreements before private showings.

Understanding these changes before starting your home search is critical. There are ways to navigate these updates to work in your favor. For example, you might agree to a commitment with an agent for a trial period to ensure comfort before fully committing. A great agent will address your concerns, explain the process clearly, and help you feel confident signing any necessary documents.

Feel free to reach out if you have questions about these changes, which took effect on August 17, 2024. I’m here to help you navigate this vital shift in the homebuying process.

 

Filed Under: Buying, Real Estate Education, Real Estate News

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Page Innis

Page Innis has been in working in Boston real estate for 18 years. The previous 16 years, she has been a member of the Gibson Sotheby’s International Team. Just like Gibson Sotheby’s she believes that all clients regardless of price point, should be given the white glove treatment. She has a broad range of experience in both sales and rentals throughout the metro Boston market and the Lakes Region of New Hampshire.

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Gibson Sotheby’s International Realty

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Boston, MA 02116

(617) 784-3954 Office
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