Housing Wire

AUGUST 9, 2024

Co-hosts James Dwiggins and Keith Robinson urge agents to stop sharing commissions and discuss ways that listing agents can put their seller’s needs first while avoiding legal trouble and creating an excellent experience for their clients in an uncertain market. Dwiggins ties his example into real estate with a pointed statement. “I

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Housing Wire

OCTOBER 28, 2024

While Monestier, who reportedly sold her Rhode Island home in 2022 and is part of the affected class, believes sellers were paying “inflated commissions,” she feels that prior to the settlement changes going into effect, the rules governing the industry were “clear and confusion did not reign supreme.”

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Housing Wire

AUGUST 22, 2024

In a lawsuit filed Thursday, real estate startup Homie Technologies claims that home seller consumers were not the only ones harmed by the real estate industry’s allegedly anticompetitive practices. Buyers using Homie would receive some or all of any BAC offered by the seller,” the complaint states.

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Housing Wire

JULY 19, 2023

A typical commission dispute arises when, after signing a listing agreement or buyer-broker agreement: A seller-client “cancels” a valid purchase contract. A seller-client cancels a listing. A seller-client permits the property to be foreclosed upon. Patrick MacQueen is the founder of Medalist Legal in Chandler, Arizona.

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Housing Wire

MARCH 29, 2024

The first change is that MLS PIN is agreeing to obtain certificates from their seller clients saying that they understand that MLS PIN does not require sellers to offer compensation to buyer brokers and that sellers are not required to compensate the buyer’s broker even when asked to by the buyer.

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Housing Wire

MARCH 22, 2024

1, 2024 , Washington state’s agency law requires agents to have a written agreement with buyers (as well as sellers) to spell out the exact scope of the services provided by the agent, as well as the compensation the client has agreed to pay them in return. As of Jan.

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Housing Wire

NOVEMBER 16, 2023

billion in damages to residential home sellers who successfully proved that the organization – which represents real estate agents at most of the top brokerages in the United States – colluded with other defendants to inflate agent commissions. Unless the decision is appealed, NAR will have to pay at least $1.8

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Housing Wire

APRIL 15, 2024

When asked about the language they use to discuss how buyer and seller agent commissions are paid, some of the most common responses included stressing that commissions are and always have been negotiable, and that if the National Association of Realtors’ settlement is approved, some practices may change, but many things are currently unknown.

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Housing Wire

SEPTEMBER 17, 2024

“Everyone is adapting and coming up with business models and trying to settle in, and I think we are going to know a lot more about how this is going to really work a year from now,” said Matt Johnson, NHAR’s legal counsel. “So, If we are listing agents, we can’t share our compensation unless the seller instructs us to do that.

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Housing Wire

AUGUST 13, 2024

As more brokerages and agents contemplate moving away from a cooperative compensation model , many are grappling with some tough questions, the most vexing probably being: What do I do if a seller is only willing to contribute part of the buyer broker’s fees, or none at all? You have to make sure you are on the same page.”

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Housing Wire

MARCH 28, 2024

The change enabled greater flexibility and choice for sellers when listing a property and gave buyers and buyers’ brokers a vehicle for negotiating for compensation when making an offer to purchase,“ NWMLS wrote in the filing.

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Housing Wire

FEBRUARY 22, 2024

Worst-case scenario, the broker representing the buyer will have to negotiate their own fee with their client and the seller can no longer be compelled to make a blanket offer of compensation in order to list on the MLS,” Murray said. Nearly six months later, Murray stands by this assertion. “If

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Housing Wire

APRIL 4, 2024

She is also filing the suit as both a home seller and a homebuyer. seller commission when it was after signature of the Seller Agent contract moot because 6% of commission sharpen still occurred.” District Court for the Eastern District of California in Sacramento.

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Housing Wire

JULY 26, 2021

That kind of drawn-out timetable is typical for the majority of western nations that use the auctioneer system where a seller works with one, perhaps two, auctioneers. fee to the seller. Solicitors are legally required when purchasing a home in Ireland.). The costs and other headaches also add up. Compare all that to the U.S.

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Housing Wire

FEBRUARY 16, 2024

The modified rule still gives sellers and their listing brokers a role in setting compensation for buyers’ brokers,” the filing states. According to the DOJ, when a seller makes an offer of compensation to the buyer broker, the buyer broker does not need to compete on their compensation price in order to attract clients.

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Housing Wire

OCTOBER 23, 2023

A judgment as a matter of law is permissible if there is no legally sufficient basis for a reasonable jury to find for the nonmoving party (in this instance, the plaintiffs) on the issue. In addition, the contract stipulated that agents must join their local Realtor association. Goldberg testified that while there are roughly 2.5

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Housing Wire

AUGUST 29, 2024

Many state Realtor associations’ new forms —such as buyer representation agreements—are largely incomprehensible to the average homebuyer or seller and have language that seeks to avoid the terms of the National Association of Realtors ‘ (NAR) nationwide commission lawsuit settlement agreement , according to a report released earlier this month.

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Housing Wire

MARCH 28, 2024

The class encompasses home sellers across 20 local MLSs. In its filing, HomeServices asked for a review of an August 2023 ruling by the Eighth Circuit Court, which found that HomeServices could not enforce arbitration agreements signed by seller clients of its franchisees. The suit obtained class certification in March 2023.

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Housing Wire

JULY 26, 2024

The majority of real estate sales fall under this category and usually employ a buyer’s and seller’s agent who negotiate on behalf of their respective parties. In a controlled transaction there is an established relationship between the buyer and seller. However, it might save both parties money on Realtor fees.

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Housing Wire

AUGUST 22, 2024

It’s ridiculous to argue that if a seller can save money by refusing to pay a buyer’s agent, that seller will pass the savings on to the buyer as a lower home price. The seller would pocket that money. Isn’t that the reason behind the commission suits—to save home sellers money?

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Real Estate Sellers Legal Buyers 352

Housing Wire

NOVEMBER 1, 2024

Real estate agents and real estate brokers are both licensed real estate professionals who can assist buyers and sellers, but you should be aware of some key differences and state-specific distinctions. A real estate agent is a licensed professional who represents buyers or sellers in real estate transactions. Let’s dive in!

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Housing Wire

AUGUST 14, 2024

“We are changing our approach with a lot of things, and we are doing that with the collateral we put out, there is a video series we put out, and there are obviously conversation we are having with sellers on what it is they need to do, how it needs to be done and what their options are for doing it,” Harvey said.

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Housing Wire

JULY 17, 2024

It means sellers’ agents and brokers should prepare to deal directly with the buyer of an REO property whenever possible going forward. Buyers are skipping the process of obtaining an agent and directly approaching the seller’s listing agents or brokers. Dramatic change is what it means. Now, it’s time for all of us to adapt.

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The Robert Weiler Company

JANUARY 2, 2021

In real estate, buyers and sellers must be knowledgeable to make informed decisions. Are you familiar with a land contract in Ohio, as well as the state-specific requirements? What is a land contract in Ohio, really? Essentially, a land contract is an alternative financing option if you’re investing in: Farmland or raw land.

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Housing Wire

SEPTEMBER 17, 2024

DC Attorney General Brian Schwalb accused Curbio of defrauding homeowners by luring them into contracts that allowed the company to pilfer their home equity over minor violations. The AG also accused the company of acting as an unlicensed lender and performing subpar renovations.

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Housing Wire

MARCH 27, 2024

Through careful analysis, Dr. Schulman explained that commission rates were uniformly high because of the cooperative compensation rule, without which a seller would not pay the commission of the buyer’s broker.” The appeals court said that this was because the contracts signed by the sellers were not directly signed by HomeServices.

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Housing Wire

JUNE 11, 2021

You can potentially ask the seller to pay for the improvements, or you can ask for a lower sales price to offset the cost of the repairs. If the appraised value ends up matching or is higher than the contract price, the transaction can continue as planned. If it’s denied, buyers can also choose to walk away from the deal.

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Housing Wire

AUGUST 23, 2024

Sky Michiels In an interview with HousingWire Managing Editor James Kleimann, Michiels shared his thoughts on how buyer broker compensation will evolve, how lower-income buyers will be affected, the legal scenarios for agents, and what new business models may emerge in the coming years. But the seller only agrees to pay 1%.

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Housing Wire

MARCH 15, 2024

Loan officers and mortgage executives expect home sellers and homebuyers to negotiate more aggressively on commission paid to buyer agents, potentially bringing costs down. That’s a problem because mortgage LOs traditionally have not “forged as deep of inroads” with sellers’ agents.

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Housing Wire

AUGUST 19, 2024

According to real estate professionals, the biggest adjustments they had to make this week was to get buyers to sign buyer representation agreements and to explain to sellers that while they don’t have to offer buyer broker compensation , they will most likely see most prospective buyers ask for some help in paying their agent.

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Housing Wire

AUGUST 12, 2024

Despite the firm’s name Voss says the brokerage works with both buyers and sellers, but on the sell-side he and his agents only charge clients for their services. “We I really struggled with that dynamic of why would I, as a seller, want to offer money to somebody who is going to actively try and get me to gain less?” Voss said. “I

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Brokerage Agents Sellers Buyers 448

Housing Wire

MARCH 19, 2024

Supreme Court and asked for a review of an August 2023 ruling by the Eight Circuit Court, which found that HomeServices could not enforce arbitration agreements signed by seller clients of its franchisees. The appeals court said that this was because the contracts signed by the sellers were not directly signed by HomeServices.

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Sellers Law Realtors Contracts 446

Housing Wire

JUNE 26, 2024

In my career as an attorney, I’ve seen how legal disputes can sink relationships fast and forever. Even if a relationship is strained beyond the parties working together again, ADR can reduce the animosity and resentment that can linger after a legal fight. It’s not good enough to just understand basic contract law.

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Real Estate Legal Law Agents 299

Housing Wire

APRIL 22, 2024

Photo Credit: AJ Canaria) Between inflation , an uncertain interest rate environment and legal challenges , the real estate industry is facing unprecedented challenges. However, before firms can begin to dive into the financial side of the deal, prospective buyers and sellers must figure out if they are a match.

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Raleigh Realty

FEBRUARY 24, 2022

What Does 'Under Contract' Mean in Real Estate? You've decided to buy a home and whether it's your first home or your tenth you're likely to stumble across homes that are listed as 'under contract' on the real estate listing. Then, you look at the status and that other shoe finally has a chance to drop: it's "under contract."

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Contracts Real Estate Sellers Real Estate Agent 147

Housing Wire

MAY 1, 2024

According to Barton, the “substance of the settlement” is a “very reasonable middle path forward for the industry, where commissions are communicated between sellers and buyers and both parties are better educated.” Barton also touched upon the terms of NAR’s settlement agreement.

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Housing Wire

MAY 21, 2024

While the appraisal is not a guarantee of the final sale price, it can help you understand the fair market value of the home and can assist in making informed decisions during negotiations with the seller. Get input from a qualified attorney Seek legal advice, especially when dealing with contractual matters.

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