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Real Estate Commissions

Your Real Estate Commissions Are Negotiable, Or Are They?

Simply List4 min read
Real Estate Commissions

Your Real Estate Commissions Are Negotiable, But That Doesn't Mean Your Broker Has to Negotiate

When it comes to buying or selling a property, one topic that often comes up is the real estate commission. It’s commonly understood that these commissions are negotiable. However, it’s important to realize that just because commissions can be negotiated, it doesn’t mean your broker is obligated to negotiate them.

Brokerages and Their Fee Structures

Brokerages have the right to establish their fee structure and will likely continue to maintain their structure for their clients. Consumers need to understand that locally owned brokerages have more control over their fee structure and, therefore, may be more competitive on pricing. Today’s consumers should interview multiple brokerages to compare their rates.

Industry Changes Driven by DOJ v NAR Settlement

Recent changes introduced by the National Association of Realtors (NAR), resulting from the DOJ v NAR settlement, reshape the real estate industry. These changes aim to enhance transparency and fairness in real estate transactions, significantly impacting how buyers and sellers interact with brokers and what to expect in their contracts.

Changes for Sellers

On the seller’s side, the new contract forms in Georgia now detail the commissions that the seller will pay. Sellers have the option to either:

  1. Pay the full commission, which includes both the listing broker’s and the buyer’s broker’s fees, or
  2. Offer compensation to the listing broker, leaving the buyer’s broker to negotiate their fee separately with the buyer or seller in the contract.

These options give sellers more control over their expenses and transparency regarding what they pay for. However, it also means sellers need to be more strategic and communicative about commission structures when listing their property.

Changes for Buyers

On the buyer’s side, the changes also introduce new procedures that affect how commissions are handled. In Georgia, buyer agreements allow buyers to request the commission from the seller and adjust the commission based on what the seller is willing to offer. This means:

  1. Commission Negotiations: Buyers must consider the commission fee as part of their overall budget. They negotiate this fee directly with their broker. They can also request the seller to cover these costs. This adds another layer to the home-buying process. It also empowers buyers to seek better deals.
  2. Transparency and Trust: With direct negotiations and the option to request commissions from the seller, there is greater transparency. Buyers know what the buyer’s broker earns. This builds trust. It ensures the broker is fully motivated to find the best deals for their clients.
  3. Budget Planning: Buyers should include the broker’s commission in their financial planning. They must ensure they are fully prepared for all costs associated with purchasing a home. They should also take into account potential contributions from the seller. Additionally, buyers should be prepared to encounter sellers unwilling to offer a commission to a buyer’s broker. Several Simply List customers already express this sentiment.

Broader Implications and Tips for Navigating the New Landscape

For Sellers:

  1. Be Prepared to Negotiate: Understand that buyers may request you to cover part or all of their broker’s commission. Be clear about what you are willing to pay. Communicate this upfront.
  2. Strategize Your Listings: Consider how your commission offerings can make your property more attractive to buyers. Offering to cover the buyer’s broker commission could give you a competitive edge.
  3. Transparency is Key: Clearly outline the commission structure in your listings. This avoids any confusion and builds trust with potential buyers.

For Buyers:

  1. Know Your Options: Be aware that you can request the seller to cover your broker’s commission. Use this as a negotiation tool to potentially lower your out-of-pocket costs.
  2. Communicate with Your Broker: Make sure your broker is clear about their commission expectations. They should be willing to negotiate on your behalf with the seller.
  3. Plan Your Budget: Include the broker’s commission in your overall financial plan. Consider the possibility that the seller may cover these costs. Additionally, be prepared to come across sellers who are unwilling to offer a commission to a buyer’s broker. This sentiment is already being expressed by several Simply List customers.

Navigating these changes may seem daunting at first. With clear communication and a strategic approach, both buyers and sellers can benefit from the enhanced transparency and fairness in real estate transactions.

Need Assistance?

If you need help navigating these new industry changes, our With Help Listing Package connects our clients directly to our local Associate Broker. We guide you through the complexities of the current market. We ensure you make informed and confident decisions. Contact us today to learn more about how we can assist you.

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