As of August 17, 2024, offers of buyer's agent compensation are no longer allowed on MLSs and consumers MUST sign all mandatory forms to formally hire a REALTOR before touring any home.
This is non-negotiable and pertains to EVERY member of the public (including relatives and colleagues).
MLSs provide online platforms that compile home listings from brokerages in a given market. They enable agents to efficiently see available homes for sale and get helpful marketplace data and typically share listing information to national and local websites that advertise property information.
There are many MLSs across the U.S., and each has its own rules to make sure its information is complete, accurate, and transparent.
MLSs are the most trusted source for real estate data because:
Benefits to BUYERS
MLSs also help promote fair housing and equal opportunity by giving real estate professionals and their clients access to consistent information.
Benefits to SELLERS
Listing on an MLS will help a seller reach the largest pool of buyers and potentially attract the best offer.
To attract more buyers, sellers may offer concessions, which are costs associated with the buyer’s home purchase that a seller agrees to pay.
An offer of compensation can still be advertised off-MLS and shared through common marketing vehicles such as flyers, signs, emails, or other communication mechanisms.
MLSs may allow communications about a sellers’ concessions, but it depends on local rules.
Now, more so than ever, aligning yourself with a professional will be vital to successfully achieving your real estate goals. All parties need to be transparent - either work with ONE realtor or sign multiple one-time agreements. However, if you are not keeping track of what you are signing, then you may be required to pay multiple agents.
Expect compensation percentages to change OR even upfront retainer fees for both sellers and buyers.
Lenders may or may not need to have a copy of the representation agreement to provide estimated cash to close for buyers. In addition, the Closing Attorney may also need this representation agreement.
Multiple Counties
You can have a separate buyer representation agreement with a REALTOR in New Castle County vs. Kent County at the same time BUT must disclose. Cannot go back and forth between agents or risk having to pay both.
Multiple Clients interested in the SAME property
Should this occur, the agent must notify the client if they have another client submitting an offer on the same home. If a client is not comfortable, another agent can be assigned to write the offer.
Open Houses
Attend with your designated REALTOR or expect to sign a Single Property Buyer Broker form before entering the home to tour.
When listing the home for sale, the seller(s) will still compensate their agent based on the terms of the Listing Agreement.
They can (and are) still offering to compensate the buyer's agent; however, it is advertised as a concession elsewhere.
Sellers can 'hire' the agent and then post-date the marketing start date to accommodate their needs. Previously, a resale property had to be listed within 21 days and new construction was 2 years.
Not until you sign the mandatory documents. Starting August 17, 2024, no licensed REALTOR will be allowed to open a lock box to show a home without the consumer signing a representation agreement. Remember, REALTOR is trademarked - we are licensed by the National Association of REALTORS (NAR) as well as the State and Local jurisdiction. Not every salesperson is a licensed REALTOR (for example: new construction representatives).
The NAR ruling ONLY disallows Bright MLS to advertise cooperating brokerage fees (or commission). However, it was replaced with a field for CONCESSIONS.