{"id":4456,"date":"2019-05-24T08:30:43","date_gmt":"2019-05-24T12:30:43","guid":{"rendered":"https:\/\/dankrell.com\/blog\/?p=4456"},"modified":"2021-11-23T17:27:00","modified_gmt":"2021-11-23T22:27:00","slug":"buyer-agent-commission-controversy","status":"publish","type":"post","link":"https:\/\/dankrell.com\/blog\/2019\/05\/24\/buyer-agent-commission-controversy\/","title":{"rendered":"Buyer agent commission controversy"},"content":{"rendered":"\n
\"buyer<\/a>
Annual mean wage of Real Estate Brokers (infographic from bls.gov)<\/figcaption><\/figure><\/div>\n\n\n\n

One of the hottest controversies in real estate that you have yet to hear about is who should pay buyer agent commissions. Agent commissions controversies have been around in one form or another for decades.  The commissions issue typically becomes front and center when the housing market is doing well.  This time, however, the buyer agent commission controversy is gaining steam and has the potential of changing (and possibly upending) residential real estate and online real estate platforms.<\/p>\n\n\n\n

The debate is center in an anti-trust class action law suit<\/a> filed against the National Association of Realtors and a number of major real estate brokerage brands.  As I reported <\/a>last month, the law suit alleges that the defendants engaged in \u201canticompetitive practices.\u201d  Among the alleged issues listed in the law suit, includes a \u201cBuyer Broker Commission Rule\u201d that requires buyer agent compensation for a home to be listed in the MLS.  <\/p>\n\n\n\n

Regardless of how a listing agreement \u201cstructures\u201d broker commissions, the perception and general acknowledgement is that the (buyer broker) buyer agent commission is paid by the seller.  The seller typically pays the listing broker a commission, which is shared if another broker represents the buyer.  This commission \u201cpass-through\u201d is responsible for the growth of online platforms selling home buyer leads and contacts.  It has also been responsible for the growth of real estate groups that act as \u201cbuyer mills,\u201d which rely on high volume leads generated via online platforms and other means.  It can be argued that because of Buyer Broker Commission Rules, the billions of dollars that are generated and spent on home buyer leads (as well as buyer rebates) can be traced back to the home seller.  <\/p>\n\n\n\n

Home sellers are not the only victims.\u00a0 A study (jstor.org\/stable\/24887258) conducted by Joachim Zietz and Bobby Newsome (A Note on Buyer\u2019s Agent Commission and Sale Price; The Journal of Real Estate Research<\/em>; 2001, Vol.21 No.3 p.245-254) revealed that buyer agent commissions had a positive effect on home sale price, but only on lower-priced homes.\u00a0 The conclusions suggested that buyer agents \u201cdo not act in the best interest of their clients because of the institutional structure of sales commissions.<\/em>\u201d<\/p>\n\n\n\n

Is it possible that the MLS perpetuates steering and anticompetitive behavior?  A recent study <\/a>by Barwick, Pathak and Wong (Conflicts of Interest and Steering in Residential Brokerage; American Economic Journal<\/em>; 2017, Vol.9 No.3 p.191-222) has shocking conclusions that resonates with those who are wary of the residential real estate industry.  The study pointed out that real estate commissions are higher the US than other industrialized countries.  The authors concluded, \u201cProperties listed with lower commission rates experience less favorable transaction outcomes\u2026they are 5% less likely to sell and take 12% longer to sell. These adverse outcomes reflect decreased willingness of buyers\u2019 agents to intermediate low commission properties (steering)\u2026<\/em>\u201d  They \u201cprovide empirical support for regulatory concerns\u201d because the data indicates buyer agents will steer their clients towards homes paying higher commission.<\/p>\n\n\n\n

Home sellers<\/a> can learn from home builders about marketing and agent compensation.  Home builders figured out buyer broker commissions a long time ago.  They will not pay advertised compensation to buyer brokers who don\u2019t show up with their clients.  And during hot markets, they pay a modest referral fee in lieu of commission.  <\/p>\n\n\n\n

All things considered, the issue of buyer broker commission is a complex issue that depends on multiple factors, including market conditions.  However, increasing awareness is inventing new business models and lower buyer broker compensation expectations.  <\/p>\n\n\n\n

Original located at https:\/\/dankrell.com\/blog\/2019\/05\/24\/buyer-agent-commission-controversy<\/p>\n\n\n\n

By Dan Krell
Copyright \u00a9 2019<\/p>\n\n\n\n

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Disclaimer<\/a>.\n This article is not intended to provide nor should it be relied upon \nfor legal and financial advice. Readers should not rely solely on the \ninformation contained herein, as it does not purport to be comprehensive\n or render specific advice. Readers should consult with an attorney \nregarding local real estate laws and customs as they vary by state and \njurisdiction. Using this article without permission is a violation of \ncopyright laws.<\/p>\n","protected":false},"excerpt":{"rendered":"

One of the hottest controversies in real estate that you have yet to hear about is who should pay buyer agent commissions. Agent commissions controversies have been around in one form or another for decades.  The commissions issue typically becomes front and center when the housing market is doing well.  This time, however, the buyer … <\/p>\n

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