Yes, agreed, and nothing in the settlement agreement will prevent that. It's just that those agents will have to make their case better and be prepared to negotiate over their rates. |
Are these some sort of metaphor or something? |
PP was right that it is a terrible analogy. But in any event, here's the bottom line: if you feel that you don't need a professional wedding photographer, you always have the choice to do without one. The current price-fixing scheme among agents effectively didn't allow you that same choice when buying a house -- this was what a jury found. So now, people will have a choice as to if and how they use a buyer's agent when buying a house. The analogies are pointless, except to the extent they show that we had choices in every other professional we can choose to hire, and now we will have that same choice when buying a house. |
I was a reference to earlier mentions in the thread. |
Yeah I didn't originally make the analogy. I suspect "terrible analogy" poster did, which is probably why they didn't elaborate.
Have to disagree slightly here. Removing the commission field will not cure the inflated pricing problem, unfortunately. Agents can advertise buyer broker commission using other means; which means they'll continue to persuade sellers to offer them to remain competitive. |
Or, it could be the case that agents contribute to prices escalating more rapidly than they should by creating a false sense of urgency. If you don't have an agent encouraging you to use escalation clauses, bid up the prices of houses, and buy as quickly as possible, the market overall might behave very differently. Remember that the goal of a buyer's agent is partly to collect their commission check as quickly as possible. |
THIS!!! |
+1 And there's still a seller's agent involved if a rare emergency occurs that can't wait until after hours. |
+1 This is the crux of the matter. |
+1 It would actually be an improvement to have only one realtor (the seller's) involved. They could communicate deadlines to all the interested buyers. It's a good thing if there's no more rush to put it your offer within hours of the house hitting the market. BTW it was still possible to have competitive offers during the pandemic. The terms mattered more than representation, and sellers agents would salivate at the thought of keeping all the commission to themselves if the buyer was unrepresented. It's always been that way. |
Not sure what this further lawsuit talk is about. The prior lawsuit has led to the creation of the new rule that NO BUYER can be shown a property by any National Association of Realtors agent without a Buyer Agency Agreement. Because of that prior lawsuit even a listing agent/seller agent MUST have a Buyer agency agreement to show anyone a property UNLESS it's at an open house. |
DP. Good points buy why should the listing agent get any portion of the money the seller set aside for the buyer agent? Absent a buyer agent, the seller should keep that portion. The listing agent can't perform any work on behalf of the buyer. The common retort is "the transactions will be more difficult". Ok. All professions entail easy-money transactions and hard-money transactions. If this is a problem for listing agents, then develop an elastic pricing structure that compensates appropriately. This fixed, immovable commission scheme screws everyone. |
DP "No one's showing anything to anyone without an exclusive agreement." I thought PP explain this well: "The sellers agent has a fiduciary duty to the seller. Refusing to present an offer or even show a house to an unrepresented buyer is a pretty clear breach of that duty." If 5 unrepresented buyers want to see the house, under your "No one's showing anything to anyone" rule, the listing agent is preventing the seller from engaging with 5 potential buyers. I thought this was pretty clear. |
yet redfin still has the request a tour button |
To add to that, the current seller is not a party to or bound by the settlement agreement. If they find out that their agent refused to show a house to or present an offer from an unrepresented buyer, they can sue the agent for breaching their fiduciary duty. Holding up the settlement agreement in a state court as a justification would get them laughed at |