What are the new rules about how real estate agents get paid?

What are the new rules about how real estate agents get paid?

While both buyers and sellers typically use real estate agents, traditionally, only sellers have paid their agents directly. New commission-related rules went into effect in August which changed how agents can earn commission.

To get a handle on these rules and what effect they may have in Central Florida, we posed some questions to Orlando based Realtor® Amy Moline of KeyBella Homes/EXP Realty. Amy has helped several of our clients buy or sell property and is a regular speaker for the Financial Planning Association on real estate matters.

Welcome Amy, there is quite a bit of confusion about the new rules, so we are pleased that you are answering some questions. Let’s start with the basics:

What’s new with real estate commissions?

Before the rule change, Sellers would pay the Listing Agent, then the Listing Agent would “share” a portion of the commission to the Buyer Agent. With the new rule changes, the Seller could still do that or choose another option.

One new option has the Buyer Agent, upon making an offer, send a commission agreement that is directly between the Buyer Agent and the Seller. The listing Broker/Agent is not part of that agreement. In that agreement the Seller agrees to pay the Buyer Agent an agreed upon percentage.

How much are these commissions?

In the past, the going rate has been a total of between 4%-7% of the sale price, depending on the market. Back in 2009 – 2011, some listing commissions were as high as 7%, because with over 27,000 homes for sale around Orlando it was much more work to sell a home. In 2022, you could see as low as 4%, due to low inventory and multiple offers. The average in the very recent past has usually been in the 5%-6% range, but that amount is now paid differently.

Today, the Listing Agent commission is agreed upon between the Seller and the Listing Agent prior to the listing going on the market. That rate still seems to be 2.5% – 3%. Meanwhile, Buyer Agents are writing Buyer Agreements with Buyers and are usually requesting to get paid 2.5% – 3% from the Buyer – however, that amount is being passed to the seller during negotiations using the Seller to Buyer Broker Commission Agreement.

Do buyers have to have a contract with an agent and if so, are they long term?

Yes, Buyers must have a contract with a Buyer Agent/ Realtor to view a home in person. Some agreements are short, and some are long. There is a possibility of seeing a home through the Listing Agent without a contract, however, the Listing Agent would need to be available to open doors for Buyers and the Buyer technically has no representation.

Buyers should hire a qualified and experienced Realtor to be their Buyer Agent. The amount of negotiating, oversight, knowledge of the market, and understanding of the home buying process can help buyers save money and have a significantly better experience.

Have sellers stopped offering a commission split to the buyer’s agents?

No. With about 47% more houses for sale in the Orlando area today than at the end of 2023, the majority of Sellers are paying Buyer Agent commissions, and some Sellers who were not going to pay have decided to pay the Buyer Agent during the negotiating of the offer.

When the market returns to a Seller’s market (and at some point, it will again), I expect Sellers to pay less of the Buyer Agent commissions as more competition will give Sellers more leverage. This will then mean that Buyers could pay more of the Buyer Agent Commissions directly.

Have buyers offered to pay their agent directly instead of splitting the commission charged to the seller?

No. This is currently not the norm. What I am seeing in this harder market is that Buyer Agents have been attaching to their offer a Seller to Buyer Agent commission agreement.

Are commissions now fixed or still negotiable? By buyer and by seller?

Commissions have always been and remain negotiable. However, if the rate you want to pay is much lower than the going rate, you could be at a disadvantage as good agents will be more inclined to work with clients who appreciate their higher value.

Have you seen any changes in commission levels thus far as a result of these rules?

At this time, I have not seen many changes in the amount of commission. What I have seen is an increase in the amount of additional negotiating and time spent counteracting misinformation. Realtors on both sides of the transaction are having to adjust their process for all of this which seems to prolong the process of coming to an agreement between Sellers and Buyers.

Thank you for answering our questions and for helping our clients over the years, Amy.

To learn more about Amy and connect with her, see her personal page with KeyBella:  https://www.keybella.com/agents/274447/Amy+Moline.

You may also reach Amy by calling or texting her at 407-506-7447 or via email at amy@keybella.com.

Attention Business Owners

As we reported in April, the Corporate Transparency Act (CTA) requires the disclosure of the beneficial ownership information (otherwise known as BOI) of certain entities from people who own or control a company. With potential penalties for willfully not complying with the reporting requirement of civil penalties of $500 per day (up to $10,000) and a felony offense with up to two years of jail time, this is a matter that requires attention. Entities in existence on January 1, 2024, must file with the Financial Crimes Enforcement Network (FINCEN) before January 1, 2025. Entities formed in 2024 have 90 days from registration to file.

We have been advised that our firm should refrain from assisting with filing for several reasons, including the unauthorized practice of law. You are not required to engage an attorney to file but if you want assistance, your corporate attorney is likely where you should start. Nonetheless, we can provide information from credible sources. The AICPA has an FAQ that covers the basics.

For more detailed information, including if a business is exempt from filing, the FINCEN website is the authoritative source. They offer a FAQ page – https://www.fincen.gov/boi-faqs, and a  Compliance Guide – https://www.fincen.gov/boi/small-entity-compliance-guide. You can file here – https://www.fincen.gov/boi.

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