Understanding the New Homebuyer Settlement Rules: What You Need to Know​

On August 17, new regulations in the real estate industry brought significant changes to the homebuying process. These changes emphasize the importance of transparency and clear communication between homebuyers and their real estate agents. One of the most crucial updates is the requirement for a written agreement between buyers and their agents before any home tours can take place, whether in-person or virtually.

New Rule

This written agreement is designed to ensure that buyers fully understand the terms of their relationship with their agent. Before signing, buyers should carefully review the agreement to ensure it accurately reflects the terms they have negotiated with their agent. This includes understanding the specific services the agent will provide and the exact costs associated with those services.

What is in the New Agreement?

The agreement must include detailed information about compensation. First, there must be a clear and conspicuous disclosure of the amount or rate of compensation the real estate agent will receive. This could be a flat fee, a percentage of the home’s purchase price, or an hourly rate. The disclosure should also explain how this compensation amount is determined. Importantly, the compensation terms must be objective and specific. This means that the agreement cannot include vague or open-ended terms, such as stating that the buyer broker’s compensation will be whatever amount the seller offers. The compensation agreement should clearly state an exact figure or rate, leaving no room for ambiguity.

In addition to setting clear terms for compensation, the agreement must include a provision that prohibits the agent from receiving any compensation from any other source that exceeds the amount or rate agreed upon with the buyer. This protects buyers from any potential conflicts of interest, ensuring that their agent is working solely in their best interest.

Another key aspect of the new regulations is the inclusion of a conspicuous statement in the agreement, which clearly states that broker fees and commissions are fully negotiable. This means that buyers have the power to negotiate these fees with their agent, rather than accepting them as fixed costs. 

It is important to note that while these written agreements are required for home tours, they are not necessary when simply speaking with an agent at an open house or asking about their services. However, if a buyer wishes to proceed with touring homes, the written agreement becomes a mandatory part of the process.

Can Sellers Still Offer to Pay Agent Compensation?

The new regulations also address the issue of compensation offers made by sellers. While sellers are still allowed to offer compensation to the buyer’s agent, this offer can no longer be included in a Multiple Listing Service (MLS). An MLS is a local marketplace where buyer brokers and listing brokers share information about properties for sale. The removal of compensation offers from the MLS is intended to prevent any potential conflicts of interest or unfair advantages in the marketplace. However, sellers can still advertise their compensation offers through off-MLS platforms, such as social media, flyers, and websites. Additionally, sellers are still permitted to offer buyer concessions, such as covering closing costs, and these can be listed on the MLS.

What Stays the Same?

Despite these changes, some things remain the same. Agents who are REALTORS® continue to play a crucial role in guiding buyers through the homebuying process. They are ethically obligated to act in the buyer’s best interest, providing expert advice and support throughout the transaction. Compensation for real estate agents remains fully negotiable, and REALTORS® must adhere to the REALTOR® Code of Ethics. This code requires agents to have clear and transparent discussions with their clients about compensation, ensuring that buyers understand exactly what they are paying for and what services they will receive.

In Summary

These new regulations are designed to bring greater transparency and fairness to the homebuying process. By requiring written agreements and clear disclosures, the regulations aim to protect buyers and ensure that they have all the information they need to make informed decisions. As these changes take effect, homebuyers should take the time to carefully review their agreements with their agents, ask questions about compensation, and make sure they fully understand the terms of their relationship before proceeding with their home search.