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Business / Economy


THE 6% COMMISSION ON BUYING OR SELLING A HOME IS GONE AFTER REALTORS ASSOCIATION
AGREES TO SEISMIC SETTLEMENT

By David Goldman and Anna Bahney, CNN
7 minute read
Updated 9:17 PM EDT, Fri March 15, 2024
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CNN  — 

The 6% commission, a standard in home purchase transactions, is no more.

In a sweeping move expected to dramatically reduce the cost of buying and
selling a home, the National Association of Realtors announced Friday a
settlement with groups of homesellers, agreeing to end landmark antitrust
lawsuits by paying $418 million in damages and eliminating rules on commissions.

The NAR, which represents more than 1 million Realtors, also agreed to put in
place a set of new rules. One prohibits agents’ compensation from being included
on listings placed on local centralized listing portals known as multiple
listing services, which critics say led brokers to push more expensive
properties on customers. Another ends requirements that brokers subscribe to
multiple listing services — many of which are owned by NAR subsidiaries — where
homes are given a wide viewing in a local market. Another new rule will require
buyers’ brokers to enter into written agreements with their buyers.

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The agreement effectively will destroy the current homebuying and selling
business model, in which sellers pay both their broker and a buyer’s broker,
which critics say have driven housing prices artificially higher.

By some estimates, real estate commissions are expected to fall 25% to 50%,
according to TD Cowen Insights. This will open up opportunities for alternative
models of selling real estate that already exist but don’t have much market
share, including flat-fee and discount brokerages.

Shares of real estate firms Zillow and Compass both fell by more than 13% Friday
as investors feared that lower commission rates for agents could lead to
less business for real estate platforms.

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In a 10-K filing last month, Zillow warned that, “if agent commissions are
meaningfully impacted, it could reduce the marketing budgets of real
estate partners or reduce the number of real estate partners participating in
the industry, which could adversely affect our financial condition and results
of operations.”

Shares of real estate brokerage Redfin also fell nearly 5%.

Meanwhile, homebuilder stocks rose on the news: Lennar shares gained 2.4%,
PulteGroup shares added 1.1% and Toll Brothers shares added 1.8%.

SANTA CLARITA, CALIFORNIA - SEPTEMBER 08: An aerial view of homes in a housing
development on September 08, 2023 in Santa Clarita, California. According to the
National Association of Realtors, the median existing-home sale price in the
U.S. increased 1.9 percent in July following five straight months of declines,
which was the longest stretch of declines in 11 years, amid high interest rates.
(Photo by Mario Tama/Getty Images)
Mario Tama/Getty Images

Related article Lawsuits are shaking the NAR’s grip on America’s real estate
fees

For the average-priced American home for sale — $417,000 — sellers are paying
more than $25,000 in brokerage fees. Those costs are passed on to the buyer,
boosting the price of homes in America. That fee could fall by between $6,000
and $12,000, according to TD Cowen Insights’ analysis.

“While the settlement comes at a significant cost, we believe the benefits it
will provide to our industry are worth that cost,” said Kevin Sears, president
of the NAR, in a statement.

In November, a federal jury in Missouri found the NAR and two brokerages liable
for $1.8 billion in damages for conspiring to keep agent commissions
artificially high. Because it was an antitrust case, the NAR was potentially on
the hook for triple those damages — $5.4 billion.

The NAR had pledged to appeal the case, but other brokerages settled — and,
eventually, so did the NAR, on Friday.

“NAR has worked hard for years to resolve this litigation in a manner that
benefits our members and American consumers,” said Nykia Wright, interim CEO of
NAR, in a statement. “It has always been our goal to preserve consumer choice
and protect our members to the greatest extent possible. This settlement
achieves both of those goals.”

The NAR had required homesellers to include the compensation for agents when
placing a listing on a multiple listing service. Although NAR has long said
commissions are negotiable and that the structure helped making housing more
affordable for buyers, critics have long argued that the fees were expected and
homesellers felt they would lose buyers if they didn’t offer them.


SETTLEMENT COULD LEAD TO LOWER HOMEBUYING COSTS

Homesellers who brought lawsuits against the NAR have argued that in a
competitive market, the cost of the buyer’s agent’s commission should be paid by
the buyer who received the service, not by the seller. The sellers who brought
the lawsuit against the NAR and the brokerages said that buyers should be able
to negotiate the fee with their agent, and that the sellers should not be on the
hook for paying it.

This settlement, which is subject to a judge’s approval, opens the door to a
more competitive housing market. Realtors could now compete on commissions,
allowing for prospective buyers to shop around on rates before they commit to
buying a home. Brokers could begin to advertise their fees, allowing customers
to choose lower-cost agents. The NAR, in its announcement, did not set a
suggested fee.

This marks the biggest change to the housing market in a century, said Norm
Miller, professor emeritus of real estate at the University of San Diego.

“I’ve been waiting 50 years for this,” Miller said.

Although it’s unclear what the future of the housing market will look like,
Miller said he expected homebuying to pick up somewhat as costs fall
dramatically for homebuyers.

“There are all kinds of models we might see in the future, and no one knows what
they are,” he said, suggesting some brokers may charge, say, a $3,000 fee for
selling a home, while others will offer a competitive commission.

The general session at the National Association of Realtors' annual convention
on November 14, 2023, in Anaheim, California.
Courtesy National Association of Realtors

Related article At their annual mega-party, real estate agents on edge over the
potential erosion of their commissions

The agreement will bring sweeping reforms for millions of Americans, said
Benjamin D. Brown, managing partner of Cohen Milstein Sellers & Toll and
co-chair of its antitrust practice, who helped craft the settlement.

“For years, anticompetitive rules in the real estate industry have financially
harmed millions of Americans,” said Brown.

Individual sellers often feel powerless to negotiate a better deal for
themselves, given the risk that offering lower commissions could cause brokers
to steer buyers to other properties, said Robert Braun, a partner in Cohen
Milstein’s antitrust practice.

“For far too long, home sellers have faced a system recognized by many as
blatantly unfair. This class action and settlement provides justice for our
clients and will require important changes that help future home sellers,”
said Braun.

Although most realtors are included in the settlement, brokerage HomeServices of
America continues to fight the case in court, the NAR said.

The NAR said it had fought to get HomeServices of America agents covered by the
settlement, but said it was pleased to have more than 1 million of its members
on board with the agreement.

“Ultimately, continuing to litigate would have hurt members and their small
businesses,” said Wright in a statement. “While there could be no
perfect outcome, this agreement is the best outcome we could achieve in the
circumstances.”

Miller said the settlement could lead to a mass exodus of brokers from the
industry — potentially half of the 2 million or so agents in America.

Lower fees mean mediocre agents are likely to leave the field, but top brokers
will get more business. “The good ones will absolutely do better,” he said.

America’s fees are significantly higher than in foreign countries, Miller noted.
In Israel, Singapore and the UK, brokers charge between 1% to 2% for the same
thing that agents do in the United States.


YEARS OF TROUBLE FOR NAR

The NAR has been fighting off US antitrust officials and litigation for years
regarding alleged anti-competitive practices. But November’s verdict marked the
association’s biggest setback yet — and ultimately led to the downfall of the
rules that have long protected its compensation model.

The association also faces scrutiny from the US Department of Justice, and it’s
unclear whether this settlement with sellers will impact the government’s
scrutiny of the brokerage industry.

Tracy Kasper resigned as president of the National Association of Realtors.
From National Association of Realtors

Related article National Association of Realtors president steps down, alleging
blackmail threat

The trade group has also undergone severe leadership turmoil over the past year.

In January, the former president of the NAR, Tracy Kasper, stepped down, after
she said she received a threat to disclose a past personal, non-financial matter
unless she compromised her position at NAR. Sears replaced Kasper earlier this
year.

Kasper had just taken over the role in August 2023, after Kenny Parcell, the
former president, resigned amid sexual harassment allegations that were first
published by the New York Times. NAR employees reportedly said Parcell
improperly touched them and sent lewd photos and texts. In the Times article,
Parcell denied the accusations.

In November 2023, the chief executive of NAR, Bob Goldberg, also stepped down,
and was replaced by Wright. Goldberg stepped down two days after the $1.8
billion judgment against the NAR.

This story has been updated with additional reporting and context. It has also
been updated to clarify Norm Miller’s comments on brokers’ salary prospects.

CNN’s Matt Egan contributed to this report.


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OUR USE OF COOKIES AND OTHER TECHNOLOGIES

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WE AND OUR PARTNERS PROCESS DATA TO PROVIDE:

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for personalised advertising. Use profiles to select personalised content.
Create profiles to personalise content. Measure advertising performance. Measure
content performance. Understand audiences through statistics or combinations of
data from different sources. Develop and improve services. List of Partners
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STORE AND/OR ACCESS INFORMATION ON A DEVICE 46 PARTNERS CAN USE THIS PURPOSE

Store and/or access information on a device

Cookies, device or similar online identifiers (e.g. login-based identifiers,
randomly assigned identifiers, network based identifiers) together with other
information (e.g. browser type and information, language, screen size, supported
technologies etc.) can be stored or read on your device to recognise it each
time it connects to an app or to a website, for one or several of the purposes
presented here.

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USE LIMITED DATA TO SELECT ADVERTISING 36 PARTNERS CAN USE THIS PURPOSE

Use limited data to select advertising

Advertising presented to you on this service can be based on limited data, such
as the website or app you are using, your non-precise location, your device type
or which content you are (or have been) interacting with (for example, to limit
the number of times an ad is presented to you).

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USE PROFILES TO SELECT PERSONALISED ADVERTISING 32 PARTNERS CAN USE THIS PURPOSE

Use profiles to select personalised advertising

Advertising presented to you on this service can be based on your advertising
profiles, which can reflect your activity on this service or other websites or
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personal aspects.

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CREATE PROFILES FOR PERSONALISED ADVERTISING 34 PARTNERS CAN USE THIS PURPOSE

Create profiles for personalised advertising

Information about your activity on this service (such as forms you submit,
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(for example, information from your previous activity on this service and other
websites or apps) or similar users. This is then used to build or improve a
profile about you (that might include possible interests and personal aspects).
Your profile can be used (also later) to present advertising that appears more
relevant based on your possible interests by this and other entities.

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USE PROFILES TO SELECT PERSONALISED CONTENT 7 PARTNERS CAN USE THIS PURPOSE

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Content presented to you on this service can be based on your content
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CREATE PROFILES TO PERSONALISE CONTENT 10 PARTNERS CAN USE THIS PURPOSE

Create profiles to personalise content

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websites or apps) or similar users. This is then used to build or improve a
profile about you (which might for example include possible interests and
personal aspects). Your profile can be used (also later) to present content that
appears more relevant based on your possible interests, such as by adapting the
order in which content is shown to you, so that it is even easier for you to
find content that matches your interests.

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MEASURE ADVERTISING PERFORMANCE 38 PARTNERS CAN USE THIS PURPOSE

Measure advertising performance

Information regarding which advertising is presented to you and how you interact
with it can be used to determine how well an advert has worked for you or other
users and whether the goals of the advertising were reached. For instance,
whether you saw an ad, whether you clicked on it, whether it led you to buy a
product or visit a website, etc. This is very helpful to understand the
relevance of advertising campaigns.

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MEASURE CONTENT PERFORMANCE 14 PARTNERS CAN USE THIS PURPOSE

Measure content performance

Information regarding which content is presented to you and how you interact
with it can be used to determine whether the (non-advertising) content e.g.
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description, how long you spent on this service and the web pages you visit etc.
This is very helpful to understand the relevance of (non-advertising) content
that is shown to you.

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UNDERSTAND AUDIENCES THROUGH STATISTICS OR COMBINATIONS OF DATA FROM DIFFERENT
SOURCES 23 PARTNERS CAN USE THIS PURPOSE

Understand audiences through statistics or combinations of data from different
sources

Reports can be generated based on the combination of data sets (like user
profiles, statistics, market research, analytics data) regarding your
interactions and those of other users with advertising or (non-advertising)
content to identify common characteristics (for instance, to determine which
target audiences are more receptive to an ad campaign or to certain contents).

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DEVELOP AND IMPROVE SERVICES 35 PARTNERS CAN USE THIS PURPOSE

Develop and improve services

Information about your activity on this service, such as your interaction with
ads or content, can be very helpful to improve products and services and to
build new products and services based on user interactions, the type of
audience, etc. This specific purpose does not include the development or
improvement of user profiles and identifiers.

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ENSURE SECURITY, PREVENT AND DETECT FRAUD, AND FIX ERRORS 45 PARTNERS CAN USE
THIS SPECIAL PURPOSE

Always Active

Your data can be used to monitor for and prevent unusual and possibly fraudulent
activity (for example, regarding advertising, ad clicks by bots), and ensure
systems and processes work properly and securely. It can also be used to correct
any problems you, the publisher or the advertiser may encounter in the delivery
of content and ads and in your interaction with them.

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DELIVER AND PRESENT ADVERTISING AND CONTENT 36 PARTNERS CAN USE THIS SPECIAL
PURPOSE

Always Active

Certain information (like an IP address or device capabilities) is used to
ensure the technical compatibility of the content or advertising, and to
facilitate the transmission of the content or ad to your device.

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MATCH AND COMBINE DATA FROM OTHER DATA SOURCES 31 PARTNERS CAN USE THIS FEATURE

Always Active

Information about your activity on this service may be matched and combined with
other information relating to you and originating from various sources (for
instance your activity on a separate online service, your use of a loyalty card
in-store, or your answers to a survey), in support of the purposes explained in
this notice.

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LINK DIFFERENT DEVICES 28 PARTNERS CAN USE THIS FEATURE

Always Active

In support of the purposes explained in this notice, your device might be
considered as likely linked to other devices that belong to you or your
household (for instance because you are logged in to the same service on both
your phone and your computer, or because you may use the same Internet
connection on both devices).

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IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 33 PARTNERS CAN
USE THIS FEATURE

Always Active

Your device might be distinguished from other devices based on information it
automatically sends when accessing the Internet (for instance, the IP address of
your Internet connection or the type of browser you are using) in support of the
purposes exposed in this notice.

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