SEE change in Real Estate

Jane Gray • September 16, 2024

SEE change in Real Estate

Yes, I intentionally spelled it incorrectly for a reason. Because the sea change that has occurred is now reflected in plain sight, but <sigh> there’s more to come. This blog will be one of a series that you should understand. This first one will be just the overview of changes, followed by a blog on seller impacts, buyer impacts, and what we’re already seeing happen and more. 
 
So what changed?
 
Up until August 17, 2024 (just a few weeks ago), the price of a property for sale through the MLS included an offer of compensation to the buyer’s agent. The compensation rates were part of the listing agreement – a negotiated compensation where usually half was paid to the buyer’s agent. The amount offered to a buyer’s agent was listed in the MLS. 

As part of the settlement, NAR agreed to the following which became effective August 17th of this year.   

  1. Agents are required to sign a written Buyer Representation Agreement with their Buyer Clients, before taking them on a home tour, where it specifies that the buyer is responsible to pay their agent unless the Seller agrees to compensate their buyer’s agent.
  2. Seller paid Buyer Agent compensation shall no longer be published so it is unknown how much or if any Buyer Agent compensation would be paid at all, potentially leaving the compensation issue the responsibility of the actual Buyers.
  3. Agents must advise their clients that compensation was, is, and always has been negotiable.

What forced the changes?
 
The “clear cooperation” rule was at the heart of the lawsuit 
Burnett et al v. The National Association of Realtors et al which found that NAR and real estate brokerages had violated antitrust law by conspiring to fix prices and restrain trade. 
 
“allegations that [NAR] have anticompetitive rules that require home sellers to pay commission to the home buyer’s broker.”   https://www.mow.uscourts.gov/ca-cases/19-cv-332

The plaintiffs alleged that the NAR clear cooperation rule forced sellers to list their homes on the MLS. They further argued that it forced home sellers to pay higher compensations than they otherwise would giving NAR and its members an unfair advantage in the real estate market, driving up compensation rates. It was also alleged that buyer’s agents would steer buyers away from properties not offering a high compensation which was a form of price fixing. 

“Both plaintiffs allege that Clear Cooperation was created to stymie competition and has been used to maintain a monopoly on the listing service market, while NAR contends the policy is meant to maintain a more transparent property market with protections against misinformation and fraud.” https://www.rismedia.com/2024/07/23
 
The key here, and at issue, is that NAR (National Association of Realtors) had what was called a “clear cooperation” rule. The rule required listing brokers to submit their listings to their local multiple listing service (MLS). The publication of the listing with an offer to pay a buyer's brokerage was a unilateral offer of compensation to other participants giving all NAR members an equal opportunity to sell a listed home, regardless of whether they are with the listing broker or not. 

The Advent of Buyer’s Agency 
 
Despite recent reports suggesting that buyers’ agency went back a hundred years, the correct number is approximately only 30+ years. Prior to the early 1990s, the seller’s agent was responsible for 
ONE CLIENT – the seller. There was no one looking out for the interests of the buyer. In real estate, the fundamental principle guiding sales was caveat emptor or let the buyer beware. This left buyers without representation and vulnerable to exploitation!
 

"A 1983 FTC study found that 71% of buyers mistakenly believed that the agent showing them homes represented their best interests.
” 
https://www.justice.gov/archives/atr/rew-public-comment-national-association-exclusive-buyer-agents-early-thomas-10252005-rew-0401

 
The start of buyer agency began with the 1984 court case of 
Easton v. Strassburger where a jury found that the seller and seller’s agent had been negligent by withholding information and material defects from the buyer.

"It held that a seller's broker has a duty to inspect a house and disclose to the buyer what a reasonable inspection would have revealed
."   https://www.lawpipe.com/California/Easton_v_Strassburger.html#:~:text=It held that a seller's,the broker would have discovered.
What’s the bottom line?

 
Prior to August 17, 2024, anyone with internet access could look up a home on Zillow and see the last sale price which almost always included compensation paid to both the seller’s agent and the buyer’s agent. The buyer bought the home for the sale price and ultimately the Buyer 
PAID both brokerages' compensations whether they paid cash or financed. The difference between then and now is that then: the seller netted an amount after the compensations and other closing costs were paid and now, they have the option of only paying their own agent plus closing costs.  All comps and appraisals were factored into the sales price with the compensation already included in the value. Now, when reviewing comps of closed sales, and anyone looking at a sales price has no idea if there was compensation paid to a buyer’s agent. or if the buyer had to pay the compensation separately.

If a published compensation was an incentive for an agent to show a house in the past, a buyer knowing they have to pay their own agent now may mean they can no longer afford to buy it without reducing their offer price or not offering at all.  Fewer buyers may mean lower offer prices. It’s not clear yet that it’s going to benefit the seller in all cases, but what is clear is that first time home buyers may be the ones with the next lawsuits. 

Next blog coming soon:  Seller Impacts



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So how's the market doing? GREAT question. It's hot and cold. For some houses, multiple offers and over asking prices. For others, you can hear the clock tick. The Fed did lower rates but that's not prompting the buyers to come flooding back...yet. Some people want to beat the chaos sure to ensue with the next election whoever wins. There's still a lot of cash floating around too. If you're interested in learning more about what the market is doing in your area, just reply to this email (it only goes to me)...


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Jerry and Sandy Kundert for buying in Sun City Roseville and selling in South Land Park
Chris da Silva for buying a great home in Rocklin

By Jane Gray April 28, 2025
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By Jane Gray March 21, 2025
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By Jane Gray February 1, 2025
Listen up so this doesn't cost you (too much) I just completed ongoing training to get my certification to handle probate and I'm going to lay out some basics that you might want to know to save you or your loved ones money. The truth is, "We don't get out of here alive" (credit to Jim Morrison, Paul Newman, et al) Do you have a living trust? Do your parents? You/they should if you own real property or anything of value. A revocable trust is a legal document that allows the creator (grantor) to transfer ownership of their assets to a trust while still retaining full control over them during their lifetime, meaning they can change the terms of the trust or revoke it entirely at any time; it's often used to avoid probate court and distribute assets to beneficiaries more privately after death. Sadly, it does cost money. Prices range from a legal specialist who can do one for a few hundred dollars to a Trust Attorney who likely will charge you a few thousand. Here's why it matters though. Generally speaking, a trust can help prevent a chunk of change being removed from the estate when you pass away. Here's a hypothetical:
By Jane Gray January 27, 2025
ABC 123 DEI D stands for Disclosures . Disclosures are mandatory when selling a home in California. Don’t want to be sued? Fill out your disclosures truthfully. California dictates some very strict requirements. Is your house haunted? Did someone die in the house in the past 3 years? Are there known issues that might not be apparent from a preliminary inspection? Does the house flood in the winter because a creek in back of the house flows over its banks? What repairs have been done to the property? Do windows leak and cause mold? If it’s not raining, this would be hard for an inspector to see. Not all states have such requirements. Some follow caveat emptor or Buyer Beware. Buyers should carefully read over disclosures to see what the sellers have said about the house. It’s perfectly okay to ask questions or get clarification too. One small thing we have on our Transfer Disclosure Statement is an open question of how many garage door openers you have. You put 2, but you forget to leave them. Guess what? You need to provide them or buy a couple new ones for the buyers. E stands for Early Occupancy . Don’t do it! Let’s say that the buyer has an earlier close date on the home they are selling or they’ve just moved to our area from a different state. They have stuff and don’t want to put it in storage for a week or two so they ask, “Can we just store some of our stuff in your garage?” There’s liability two ways here. If something in the buyer’s stuff ignites and burns your house down, your insurance may not cover it AND they certainly aren’t closing on your house! If on the other hand, it rains excessively and water floods into your garage and ruins their furniture, you are on the hook for paying for their loss. Or worse still, they move in to the house before closing and one of them loses their job and now the lender won’t lend them money. Good luck getting them out. In one case, a couple moved in and started demolition of the kitchen only to find out that they weren’t buying the house they just destroyed. There are more stories and so now most all brokerages and their respective attorneys will tell you, “Just say, ‘NO!’” I stands for Insurance . The bad news is that it’s going to go up for everyone. The fires in LA have burned through homes and insurance reserves as well. Those on standard insurance policies will be paying out and those on the FAIR plan will as well, but even with the Reinsurance all insurers can’t cover the losses to date and as I write this, I’m aware of another fire that just started in La Jolla in San Diego county. The way they recoup their losses is by charging all California homeowners more. So be forewarned. There’s more to understand too. Cal Fire has updated their fire maps to include more suburban areas. I just discovered that parts of West Roseville are in a very high fire zone and homes recently built there were built on flat farmland! It’s a bit crazy. Bottom line: fire doesn’t discriminate and neither does your insurance. I’ll report back when we get more information. ******************** The real estate market is waking up quickly. Interest rates are pegged around 7% and few are expecting them to go down anytime soon. They might even go up like the price of eggs. I don't know...maybe there's a correlation there?! lol Houses are staying on the market longer and so brave buyers have some choices. 
By Jane Gray January 10, 2025
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By Jane Gray December 14, 2024
Quieter but not Snuffed Out Here we are a week and a half until Christmas and the market shows a good deal of resilience. It's quieter but not still. The market in the next few weeks is going to do what it almost always does this time of year and that is slow down considerably. People who are selling tend to dislike people coming through their homes during the holidays when they have friends and family over, when the weather is wet, and when they may have expensive gifts under the tree. There are still sales though. I compared the numbers to last year at this time and prices were higher last year marginally even though interest rates were higher too. Houses were selling, on average, about a week faster too. The following shows the market compared to the week before and you'll see the slowing in the number of new listings which are down by 22%. Multiple offers ticked up again to 44% which reflects the demand from buyers against the reality of limited inventory. While cash purchases went down slightly, the number of FHA buyers went up. I've used this as a proxy for first time home-buyers. Not all first time home buyers buy with an FHA and not all FHA loans are to first time home buyers but it's a fair representation. If you're thinking of selling, reach out to get a better sense of the market in your particular neighborhood. If you're buying, the rates are projected to only marginally decrease so now may be an optimum time to start shopping. Reach out and let's chat.
By Jane Gray December 9, 2024
I hope you all had a lovely Thanksgiving! I had a nice one with my family. 2025 and What to Expect When You're Projecting! O kay so, there's some knowns and some unknowns. It reminds me of the Johari Window. You know, the one. 4 quadrants of self-awareness: one quad known to yourself and others, the blind spot quad which is unknown to you, but known to others, the hidden quad which is known to yourself but not to others, and the Unknown - which is unknown to you and to others. But what does it look like when we're trying to get some awareness of the 2025 housing market...?
By Jane Gray November 9, 2024
But wait. Are mortgage rates going down? Yesterday, the Fed lowered the federal funds rate by a quarter of a point as was expected. Did they achieve the soft landing? With recent events, that’s still up for debate. Everyone waiting for the mortgage interest rates to drop saw the market hit the snooze button. Today, we’re seeing a range of 6.25-6.75% for mortgage rates. Still about twice what the gold rush of the Pandemic Years brought. So what gives? Let’s take a look at something that did happen. The US 10-year Treasuries went up after the election. Here’s why that matters. The US 10-year Treasury notes are a proxy for mortgage-backed securities. Historically, the 10-year Treasury tends to move in unison with mortgage interest rates as you can see in the graph below. Investors that tend to buy mortgage backed securities also buy 10-year Treasury notes. The 10-year Treasury is impacted by many factors including: Overall economic conditions Financial Markets as a whole Inflation Interest rate moves by the Fed
By Jane Gray November 1, 2024
The Family Trust It’s long been known that generational wealth unlocks doors – to opportunities and also to homes. Chances are your family didn’t bestow generational wealth on you to get into the best schools and the best homes. I wasn’t born into the 1% but if you are, kudos to you for being so lucky! Regardless of our station in life as parents (or grandparents), we usually want our children to enjoy some of the economic rights of passage that we’ve been fortunate to have – buying a house, getting an education, and/or just being prepared to earn a decent living. There’s many that will argue that it’s no different now than what it was many years ago, but I find that argument rings very hollow. We’re just not going to take sides here. I’ve talked to many adult children who feel the economic pinch and many a parent that sees it too. Becoming a homeowner has become especially difficult. Many millennials I’ve helped have had help from an inheritance from a parent or grandparent dying, they’ve managed to save for a down payment (no small feat), or they’ve gotten help through a living relative – usually a parent in the form of a gift for a down payment, being a guarantor, being a co-owner, or providing loans. Some refer to this living help as the Bank of Mom and Dad, but I like to think of it as the Family Trust. The definition of this trust is not the strict legal term but derives from these dictionary definitions: noun: the state of being responsible for someone or something. Verb: commit (someone or something) to the safekeeping of. But strikingly similar is the definition of a legal trust that acts as an arrangement whereby a person holds property as its nominal owner for the good of one or more beneficiaries. Look, I get it. Not all parents think one or more children deserve their trust because they haven’t shown good financial habits. I have one who is only now beginning to apply fiscal prudence to his life. But let’s say that you have a child that has demonstrated solid management of his/her own personal finances. You also probably have understood the good fortune to have purchased your own home when they were considerably cheaper than they are now and you’ve watched that purchase build your own wealth. Each mortgage payment along with appreciation, and the ability to utilize the deductions on your taxes have built a slow but steady accumulation of equity and personal wealth and stability that renters don’t generally have. So how do you help that child get their first foothold on the ladder to homeownership? A good way to start is to ensure that they are saving and are living below their means. Age brings a certain amount of perspective and wisdom about the need to be prepared for the unexpected such as job losses, costly emergencies, and just bad breaks that can impact a budget. If you feel the finances are being managed well, then the next order of business is to determine if and how you think you want to help. Here’s how others have built the home trust for their children. Down payment assistance as a Gift with the following in mind for IRS purposes. There’s a limit and for 2024, the maximum gift is $18,000 per person. This means that mom can gift the son $18k, dad can also gift the son $18k. If the son is married, mom and dad can gift $18k each to the spouse for a total of $72,000 per year without any additional reporting requirements. Thanks Ryan Elmer, owner of My Innovative Tax for providing this information! Giving Loan Assistance by being a Guarantor or a Co-Signer. Both can help a borrower with low credit scores or limited credit. Guarantors agree to cover a borrower’s debt if they fail to pay what they owe, but are generally not responsible for repayment unless the borrower completely defaults. As a Guarantor, the person’s credit is not impacted unless there is a default. Co-signers are basically co-owners of the mortgage. The loan appears on the Co-signer’s credit report and late pays show up just as they would for the primary signer. Just like the Guarantor, the Co-signer is responsible if the borrower defaults. Giving a loan to a child is an option, but if it’s a loan, it must be factored into the debt to income ratios to ensure the borrower is able to repay Buying a house in the parents’ name and putting it in a trust for the child is a great option especially if the adult child isn’t necessarily settled. In this case, the child pays rent for a house that they will own when the parents pass away. A word of caution – despite best intentions and love for your child, it’s best to pay an attorney to write the terms of the agreement. These are high level options and each individual should consider their specific situation and consult qualified tax and legal persons. I’ve seen each of them done successfully as well to help an adult child start on the first rung of homeownership. There’s also parents who buy rental properties when their kids are young with the object being to pay for a child’s college education when it’s time. I also kick myself for not buying a condo in San Diego when my oldest went to college there. It always seems more expensive at the time, but in hindsight prices went up exponentially. Learn from my missed opportunity!
By Jane Gray October 25, 2024
Welcome the munchkins! I wish you a very fun and Happy Halloween! NEXT WEEK: The blog is going to cover the Bank of Mom & Dad. There's a fun event happening at our Keller Williams office for anyone that has kids or likes candy or likes to dress in costume. Please let me know if you plan to go so they have enough treats!
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