If you are a real estate agent representing a buyer(s) considering submitting an offer on one of our listings, we encourage you to submit an offer with any and all terms requested by your buyer(s). We will present all offers submitted to our seller(s) for review.
As of August 13th, 2024, the RMLS Residential Listing Agreement does not provide us the legal authority to discuss buyer’s agent compensation (BAC) with any parties in advance of receiving an offer for purchase. We have been advised that any such discussion would now be a violation of our fiduciary duty to our sellers.
Unless a seller specifically asks us to communicate their willingness to pay a buyer's agent’s compensation in advance, we are not asking them to make such a determination before receiving a buyer’s offer for purchase. It is for this reason that you will not see BAC advertised on our signs, flyers, or any other marketing (unless our seller specifically requests it).
We are of the opinion that a seller’s willingness to make contributions towards a buyer’s expenses (such as a buyer’s agent compensation) can make all of the difference in equitable access to housing– streamlining transactions, reducing liability for all principals of the transaction, and protecting all consumers from harm. We explain this perspective to all of our clients, including our sellers.
When it comes to implementing these changes, we encourage all Realtors to understand that this settlement is not the end of scrutiny from consumers, plaintiff's attorneys, or the Department of Justice (which continues to seek a complete decoupling of buyer and seller commission).
If you’re not familiar with the current legal landscape around buyer’s agent compensation, we encourage you to visit this guide from HousingWire.
Thank you for being part of the next chapter in our industry— one of transparency for consumers and advocacy for all parties having access to representation.