The Sitzer/Burnett case in Kansas City, a major lawsuit among dozens nationwide, is turning heads. It accuses the National Association of Realtors (NAR) and top brokerages like Keller Williams and Sotheby's of colluding to maintain high real estate commissions. As a reluctant NAR member, I offer an insider's view.
From the New York Times:
"Under a NAR rule, sellers had to pay the buyer's agent commissions, leading to accusations of excessive fees. This collaboration, according to plaintiffs, enforced the 'cooperative compensation rule.' The verdict, however, frees sellers from paying buyers' agents, potentially allowing agents to set lower commission rates."
The jury awarded an eye-opening $1.78 billion in damages, signaling a dire need to revamp real estate commission structures. Currently, the judge can't enforce nationwide changes, so buyer agency remains standard in our area. But, more lawsuits are in progress that could end cooperation compensation.
Understanding Cooperative Commissions: The Crux of the Controversy
In the short term, it's business as usual, even as appeals and new cases unfold. The NAR is implementing changes, primarily quick solutions and workarounds, to project an image of fairness. A notable shift is in our MLS policy: seller-paid buyer agent fees are no longer mandatory, a move some interpret as an acknowledgment of previous unfair practices.
Perhaps most significantly, we're witnessing more transparent and forthright discussions about commissions. Contrary to what some might assume, commission rates have actually been increasing, not decreasing. These open dialogues are encouraging buyers and sellers to negotiate or explore more cost-effective alternatives.
If buyers are responsible for their own commission fees, this could foster competition and potentially lead to lower rates.
Considering an $18,750 commission on a $750,000 home seems lucrative. However, after referral and brokerage cuts (50% or more), team splits, and various fees (25-40%), the agent is left with a mere fraction of the original commission. This complex system is not consumer-friendly, necessitating change.
At Glass House, we've already embraced change. We've long abandoned unfair practices, providing transparent commission to our clients. We've been revolutionizing the industry with fair, tailored contracts – offering 1-1.5% rebates for buyers and reduced listing commissions for sellers.
This lawsuit marks the start of a major shift in real estate. At Glass House, we’re proactive changemakers. Don't be trapped in outdated practices. Be informed, ask critical questions, and feel free to have an honest, clear conversation with us about your real estate needs.
Stay tuned as this story evolves. It's a new era in real estate, and we're here to guide you through it.