Let's pretend a seller says, "Nope, I'm not paying the buyer agent commission."

This can happen, albeit rarely. When it does, it’s your job to educate them on what comes next. Just because they say they don't want to pay it doesn't mean they won't receive offers requesting them to do so.

It's likely most offers will include language requesting the seller pay the buyer agent commission of X dollars. Then, the seller will have to decide to either reject the offer or counter it. We need to educate the seller about this.

You could do this by saying, "Hey, I totally get it. But just so you know, most offers we receive will still ask you to pay the buyer agent commission. At that time, we can look at the overall offer and decide if you want to do that or reject all offers that include that verbiage."

"I wouldn't reject everything out of hand. I'd suggest looking at the whole spectrum—what they're offering versus what your net will be. We can judge it on an offer-by-offer...

Question:

Let's say you have a seller that says, “Jim, I watched the news this weekend, and I understand that I don't have to pay a buyer's rep.”

What will be your response to that?

Now, if you get that, I would say that they’re right, and they really haven't had to do that for years. The only difference is that the buyer rep fee is not going to show up in the MLS as of July.

But should you choose not to pay a buyer's rep?

Here's my personal thought on this:

When you offer to pay a buyer's rep, what happens is you’re going to attract more showings and thereby get more offers and more exposure for your property because there's not many buyers that have the money to write a check at closing to their buyer's rep.

So when a seller says they’re not going to pay it, a lot of times they're just going to eliminate that house from consideration. They'll just go look at the houses where the buyer's rep is being paid.

Now, if they choose not to pay a buyer's...

The NAR settlement, which will happen in mid-July (but you’ll start seeing this already): You're going to see a rise of unrepresented buyers.

These will be buyers knocking on your door as a listing agent and saying they’re unrepresented and that they want to make an offer on your listing.

Are you going to, as the listing agent, treat them the same as if they're represented? Or are you going to treat them differently?

Well, I just saw a top agent that did an internal study with his team and found…

70% of the deals that came from unrepresented buyers in his market failed.

So think about that, and I believe that to be true because they just don't have somebody walking them through the process. When you’re sitting with your seller, you need to have an unrepresented buyer conversation going forward. And here's what that conversation might look like:
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“Mr. And Mrs. Seller, there's been some changes with the way that we're selling real estate based on an...

Okay, guys, here's an important question regarding this NAR settlement and everything around it:

We are going to have to start having buyer representation agreements. In that agreement, it's going to say how much you're going to get paid, right? You’ve established what you charge sellers a long time ago, but now you've got to do it with buyers.

What's going to be your minimum commission standard with a buyer?

First of all, accept the fact that you have value and that you are worth more than some other agents in your community. So, you're not going to base your number on what another real estate agent is doing. Maybe they're brand new or barely active.

Instead, you need to base your numbers on the services you provide and your experience.

But here's a bad tendency with a lot of agents: They're going to undershoot their value.

They may say, "I don't want to be greedy, so I'll come in lower."

But don't go too low. There's still going to be sellers offering buyer agent...

So the NAR settlement, what does it mean to you? What should you do today as an agent?

First of all, what does it mean to us?

Here are three big things it means:

1. Buyer comp is not going to show up in the MLS as of mid-July. If this is approved, it probably will be.

2. You're going to have to sign with your buyer a buyer representation agreement, which says how much you're going to get paid.

3. It's going to outline the fees that are going to be paid to you by the buyer. Now, that doesn't mean that the seller can't pay. This is the biggest misconception of this. Just because the fee is not going to show up in MLS doesn't mean sellers won't still agree to pay it. This is something specifically that was in the NAR proposal.

I'll read it to you:

The NAR said the proposal would allow sellers and their listing agents to continue offering compensation for buyer broker services. That's clear. It's just not going to show up in MLS.

So let's think about that now. How are you going to get...

We know that NAR lost the lawsuit, totaling $5 billion. It's actually $1.8 billion, but it was tripled during the court process. Additionally, some major franchises in America are also involved in this lawsuit.

You might think that it doesn't affect us because it will get appealed, but that's wrong. The major news outlets have been covering this story since the trial, and now, after the verdict, they're going to continue. Your clients, both buyers and sellers, will be talking about it.

A situation might arise when you or another agent in your market is taking a listing, and the seller asks, "I read in the newspaper that I don't have to pay a buyer agent commission. Is that true?"

How do you respond to that?

Well, here's how your conversation should go:

“You have the option not to offer a buyer agent commission. It's entirely optional. But let me frame this for you as it's a competitive and...

One question that you might get, or a comment that you might get about the market is everybody's talking about home prices being very high.

They might say, "You know, I don't think I'm going to enter the market because the prices are so high. Or I don't think this is sustainable, that these prices are so high."

And home prices have gone up over the last couple of years. But another measurement to take a look at when we're analyzing the market is something called affordability. It's actually something that's tracked by the National Association of REALTORS.

Affordability is key because it takes into account several key factors.

1. Your income — the median income of families across the country.

2. It takes into account the median interest rate being paid by mortgage borrowers across the country

3. And median pricing

When you combine those three factors, you fid affordability is better than it's been in decades.

Now, how could that...