New NAR Rules Are a Bargaining Chip, Putting Pressure on Commissions in Competitive Markets, But Redfin Agents Say Most Sellers Are Willing to Cover Some Fees

(NASDAQ: RDFN) — Redfin, the technology-powered real estate brokerage, reported today that negotiation over commissions has become more common in some markets and at higher price points in the wake of industry rule changes mandated by the National Association of Realtors legal settlement.

The report focuses on interviews with dozens of Redfin agents around the country about how buyers and sellers are responding to the reforms. While consumers and agents are still adjusting to the new rules, Redfin agents are seeing different impacts in different parts of the country. In some areas, negotiations over fees are becoming more common, while other markets have not experienced much change at all.

“We've found a tale of two markets," said Redfin Chief Economist Daryl Fairweather. "In slow markets where there's less demand from homebuyers, like Austin, agents report that most sellers are still willing to pay the buyer's agent commission to attract buyers, and agent fees are mostly the same as before. In markets with low inventory and robust demand, like San Francisco and Boston, agents report more instances of negotiation around fees, with sellers asking buyers to make their best offer rather than preemptively deciding what they want to offer a buyer’s agent. Now, like the amount of earnest money deposit or including an inspection contingency, the amount the buyer is asking the seller to pay her agent is a term that impacts the strength of the offer. That will likely drive fees down over time.”

A Redfin analysis in July found the typical buyer's agent commission was 2.55%, down slightly from before the settlement was announced. The new rules have made it harder to track fees by removing them from the MLS.

Under the new requirements, which took effect August 17, listing agents may no longer include a unilateral offer for the buyer’s agent commission in NAR-affiliated multiple listing services (MLSs), and agents must tell potential buyers what they charge before buyers start touring homes.

Buyers are confused about signing an agreement before a home tour.

The requirement that agents and buyers agree on fees before they tour is intended to make fees more transparent. But buyers are understandably wary about signing paperwork to tour homes.

Redfin’s approach is to ask house hunters to sign a simple fee agreement–which can be signed online with one click–before their first home tour. The agreement doesn’t obligate the customer to use Redfin; its purpose is to tell prospective clients what Redfin would charge if a Redfin agent were to represent them. Once a prospective client has met a Redfin agent, they can decide whether to continue working with them and take advantage of Redfin's best pricing with its Sign Save program. Redfin offers competitive buyer agent fees as low as 1.75% depending on the market.

Many agents at other brokerages are taking a more heavy-handed approach, requiring buyers to sign a full buyer agency agreement to tour. These agreements typically obligate the buyer to work exclusively with that agent for their home purchase for a certain period of time.

Alex Galanis, a Redfin Premier agent in San Diego, says, “I showed a $4.75 million home in Carlsbad. The buyer told me she tried scheduling a showing with another agent, but immediately that agent sent her a 12 page buyer representation agreement for signatures. She found it very off-putting, and appreciated our approach. I want to win a customer’s business as much as the next agent, but I don’t think anyone should be forced to make such a big decision before we’ve had a chance to meet.”

The biggest change: Buyers and sellers are negotiating over who pays the buyer’s agent, and how much they’re paid. This is especially true in the luxury market.

The NAR settlement has led more sellers to realize commissions are negotiable, and that they might be able to get the buyer to cover some or all of the buyside commission. The consensus from agents: Like most parts of a real estate deal, how much a buyer or seller can negotiate depends on demand for the listing.

"While I’ve always let my sellers know they can offer whatever commission they want and don’t have to offer anything at all, my sellers are having the conversation with me in more depth than ever before,” explained Blakely Minton, a Redfin Premier agent in Philadelphia. “I recently had a seller decide to offer 1.5%. I let them know offering less commission would most likely mean the buyer has to make up the difference, and it would only matter if you don’t have demand for your home. That 1.5% home listed at $350,000 and got 12 offers. It was a great little home right near the University of Delaware. Half the offers we got still asked for 2.5%. But the two highest offers accepted that the seller would pay just 1.5% to the buyer’s agent."

Las Vegas Redfin Premier agent Fernanda Kriese says: “It’s all price-specific and seller-specific. Sellers understand that agents aren’t going to work for free, but they’re thinking about what percentage they’re going to offer the buyer’s agent: Maybe it’s 2%, maybe it’s 2.5%, maybe it’s 3%, depending on how desirable the listing is. And ultimately, the commission goes together with the price. Sellers may have to list slightly higher if they’re offering to pay a higher commission to the buyer’s agent, and vice versa.”

Agents are reporting there’s more downward pressure on buyer’s agent commissions for high-end listings.

“Buyers and sellers of luxury homes are more likely to negotiate agent fees, which makes sense because on a $5 million home every half a percent is $25,000,” says Mimi Trieu, a Redfin Premier agent in Silicon Valley. “They want to make sure they are getting value from their agent. My luxury listings aren’t offering a certain buyside commission. If the buyer makes a great offer, they’ll consider paying the buyer’s agent.”

But even though negotiations are becoming more common, most sellers are still willing to help cover the buyer’s agent fees.

Before, sellers proactively advertised a commission in the MLS that they were willing to pay any agent who represented the buyer. And often the buyer’s agent accepted the commission offered. Now sellers are evaluating their options and deciding on a strategy based on the housing market and the competition they expect for their home. By and large, most are still willing to cover the buyer agent fee as long as they still net their desired amount.

In New Jersey, Redfin Premier agent Amira Elgoneimy continues to see sellers proactively offer a commission to buyer’s agents. “Sellers in my area are still offering to pay commission to the buyer’s agent in all price points, so far. I wrote five offers the first two weeks the rules were in effect. In all five, we knew the seller was offering to pay commission.”

Gregory Eubanks, a Los Angeles Redfin Premier agent says,“With sellers, I’m laying everything out upfront, presenting the options for payment to the buyer’s agent. One, don’t offer a buyer’s agent commission at all. Two, state that you’re open to paying buyside commission but don’t provide an exact number. Three, go ahead and put a number out there–it can’t be advertised over the MLS, but listing agents can communicate it to buyer’s agents in different ways.”

Removing the offer of compensation from the MLS has resulted in more back and forth between agents when scheduling a showing, with more buyers’ agents contacting listing agents to ask if the seller is offering compensation or open to it. Redfin agents report some listing agents are communicating what the seller is willing to pay buyer’s agents in creative ways. In Dallas and Portland, for example, our agents have seen instances of “3%” written on a lockbox. Still, most agents report they’re mostly communicating about fees via phone calls and texts.

To read the full report with additional agent anecdotes, visit: https://www.redfin.com/news/redfin-agents-report-nar-rules-negotiation

View source version on businesswire.com: https://www.businesswire.com/news/home/20240909960359/en/