ATTENTION HOME OWNERS! New Real Estate Commission "Now Compensation" Rules Start October 3rd 2022

Posted by Amber Louback de Souza on Monday, October 3rd, 2022 at 11:00am

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You may be aware of a new rule change from the Northwest Multiple Listing Service regarding “Offering” a Buyer’s Agent Compensation (We no longer use the term Commission). While it’s a confusing topic for both consumers and real estate agents alike, The Cascade Team has put together some Questions and Answers on the topic.

What is a “Fair” amount to pay for real estate compensation?

“Fair” is whatever you and the agent decide is fair, and just as you are not under any obligation to pay more than you want, the agent is not under any obligation to do business with you if they are not going to earn what they expect.

The Cascade Team will charge a total of 2% compensation to sell your home if the buyer comes unrepresented.

This includes full marketing, photography, negotiation and everything in this presentation. For an unrepresented buyer we will also coordinate with the lender, both sides of escrow, attend any inspections, clear full title and handle all details on both sides of the transaction all the way to closing.

You can offer whatever compensation you feel is “Fair” for the buyer’s broker.

That can be a % of selling price, it can be $0.0 or a flat fee such as $500, $5,000, $10,000 or even $20,000.

If the Buyer’s agent doesn’t think that is a fair amount, they have every right to ask for more (With their buyer’s signed permission). You can then agree to that amount or counter with a different or the same number.

If the buyer’s agent asks for more and the offer is less than asking price on your home, you can even counter back with LESS than you originally offered.

Buyer Broker compensation is now fully negotiable just like it was always meant to be!

https://caryporter.thecascadeteam.com/commissions.php

For the first question, please see below. I will post the most common questions over the next few weeks so keep checking back in!

Why was this rule change put into effect?

For more than 30 years, the compensation framework in the real estate industry was structured for the seller to pay the listing firm and for the listing firm to "share" its compensation with the buyer brokerage firm.  This framework was a vestige from "sub-agency" where every broker represented the seller and brokers did not work directly for the buyer.  Sub-agency was eliminated in the mid-1990s with the adoption of the Agency Reform Act (RCW 18.86) and the creation of buyer's agency.  Yet, the "commission sharing" structure remained.

Rule 101 and the listing agreement will be revised to provide for a direct offer of compensation from the seller to the buyer brokerage firm.  The concept of "commission sharing" by listing firms will be removed from the Rules and the listing agreement.  Of course, the seller and listing firm can work together to determine the amount of compensation, if any, to offer the buyer brokerage firm.  The listing agreement will be reformatted to clearly differentiate between the listing firm's compensation and the buyer brokerage firm's compensation.

The revisions further enhance transparency regarding broker compensation and create additional opportunities for consumers and brokers to discuss and negotiate compensation.  The changes provide greater flexibility for consumers and brokers when selling and purchasing real estate and promote innovation and competition in the market.

These revisions build upon changes made in 2019, when NWMLS began publishing, and allowing its member firms to publish, the amount of compensation the seller offers to pay a broker representing the buyer.  At that same time, NWMLS eliminated the requirement that a seller offer compensation to the buyer's broker.

Again, these revisions further enhance transparency regarding broker compensation, create additional opportunities for consumers and brokers to discuss and negotiate compensation, provide greater flexibility for consumers and brokers when listing and purchasing real estate, and promote innovation and competition among member brokers.  These revisions are critical to the evolution of the real estate brokerage industry and will help NWMLS members better serve their clients for years to come.

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