The New Real Estate Commission Split: Moving Into a Decoupled World

Aug 24, 2024 | Articles

The real estate industry is changing with the introduction of commission decoupling, which was brought to us by the recent NAR settlement. The model is changing, and it’s more transparent and competitive.

This article will explore how the new commission splits affect buyers, sellers, listing agents, and buying agents and what they mean for the future of real estate transactions.

As these new rules roll out the industry will see big changes in practices and financial strategies and how agents and clients interact.

For years, sellers paid the commission for both the listing agent and the buyer’s agent. Sellers agreed to a percentage of the home’s sale price, usually 5-6%. That commission was then split between the agents involved in the transaction.

Commission decoupling changes that. In the new model, buyers negotiate and pay their agent’s commission directly. It’s more transparent and competitive.

NAR Settlement

The recent NAR settlement is the main catalyst for this change. The settlement requires new rules that change the commission structure. Those rules require buyers and sellers to negotiate commission amounts upfront and independently of each other.

Commission Rates

By no longer requiring sellers to pay the buyer’s agent commission, the market could see commission rates fluctuate. This could lead to buyers shopping around for better deals and agents competing on price.

How To Implement

As an independent transaction coordinator, you need to know this to guide your clients:

Educate Clients About The New Commission Structure

Your clients may not be familiar with commission decoupling if they’ve only known the old model.

Take the time to explain how it works and that buyers are now negotiating and paying their agent’s commission directly.

This will build trust and position you as the expert in this new world.

Have Buyers Negotiate Their Agent’s Commission Fee

For buyers, negotiating their agent’s commission fee is both exciting and scary. Your job is to guide them through this process by helping them understand that the cost should reflect the value and service provided.  

Encourage buyers to evaluate agents not just by price but by value—market knowledge, negotiation skills, and personal attention.

Help your clients find agents who can prove their worth through actual results and teach them how to ask the right questions to get the best service for their buck. By focusing on value, buyers will make better decisions and achieve better outcomes in their home-buying journey.

Help Sellers Adjust Their Mindset and Strategy

Sellers used to pay the buyer’s agent commission will need to adjust their pricing and marketing strategy.

Work with your seller clients to help them adjust their expectations and develop competitive pricing strategies now that they don’t have to pay the buyer’s agent commission.

Also, suggest other incentives like offering seller concessions or making the property more attractive through better listings to attract buyers in this new world.

Commission decoupling requires everyone in the transaction to adapt. Stay informed and proactive, and you’ll better navigate this new world.

New Commission Splits: How They Work In A Decoupled World

With the new real estate commission rules, the commission splits have changed. Now, buyers negotiate and pay their agent’s commission directly, separate from the seller’s responsibilities.

Buyers shop for agents who offer the best deals and services they need. You can decide how much you’ll pay your agent and get more value for your money.

Sellers will only pay their own agent’s commission, which may allow them to lower their home prices. This will make homes more affordable and competitive in the market.

Here’s how the new system might work:

SideOld ModelNew Model
Seller’s Cost6% total commission for both agents3% for their own agent and an option to pay the buyer’s agent based on negotiation
Buyer’s CostNo direct payment to the buyer’s agentPay the fee directly, collect it from the transaction, or combine both.

This gives both buyers and sellers options. For example, agents may offer different service levels at different commission rates.

In summary:

  • Buyer Responsibility: Buyers negotiate and pay their agent’s commission separately.
  • Seller Focus: Sellers only pay the listing agent’s commission.
  • More Options: Both parties can choose different commission rates and service levels.

Now that you know this, you can better navigate this new world. You need to compare and negotiate the best terms for yourself.

Homebuyers: New Financial Considerations

With the new real estate commission rules, you’ll need to negotiate agent fees directly. This used to be done by the seller. You need to factor these costs into your budget when buying a home.

Financial Impacts:

  • More Out of Pocket: With buyers paying more directly, the purchase price includes agent fees.
  • Budget Adjustments: You may need to adjust your budget to cover these extra costs.

Decisions:

  • Choosing an Agent: This may impact your decision to use an agent or the type of agent you choose. A smart agent can help you navigate these costs.
  • First-Time Buyers: First-time buyers will feel the pressure more as they need to understand and plan for these new expenses.

Market:

  • Supply and Demand: The market may see price fluctuations due to these new financial burdens on consumers.
  • Negotiation: You’ll need to be a better negotiator to manage these costs.

Practical Tips:

  • Research and Plan: Make sure you research and have a plan that includes these new financials.
  • Factor in Agent Fees: Always factor in buyer’s agent fees when calculating your home buying budget.

Now that you know this, you can navigate this new world better and make informed decisions.

Sellers: Adapting to the New Commission Structure

Recent changes have put a spotlight on seller options regarding buyer’s agent commissions. While sellers have always had the choice not to pay these commissions, the new rule emphasizes “decoupling” them. This shift requires new communication strategies for both sellers and buyers in real estate transactions.

While your agent’s priority will continue to be securing the best net outcome for you, adapting to evolving buyer expectations is becoming increasingly important. Even without contributing to the buyer’s agent commission, making your property stand out still requires strategic efforts.

Consider these approaches to keep your listing competitive:

  1. Competitive Pricing: Lower the price to get more buyers. A competitive price will stand out and get attention fast.
  2. Seller Concessions: Offer to pay part of the closing costs, such as appraisal fees or title insurance. This will attract buyers who don’t have cash for these expenses.
  3. Better Listings: Invest in high-quality photos and a detailed listing description. Highlight the best features of your property to talk directly to buyers.
  4. Work With Your Agent: These new rules may require adjusting your listing agreement. Talk to your agent to maximize your home’s exposure.
  5. Talk to your mortgage company and title companies early. Smooth coordination will get you to the closing without surprises.

Listing Agents: Decoupled World

The new commission rules mean you need to adapt as a listing agent. The fixed percentage split model is changing, and buyers will now directly negotiate their agent’s commissions.

Your ability to adjust pricing models and service offerings will be crucial. One key recommendation is to position yourself as flexible by telling buyers you are willing to entertain all offers. 

That way, you can show them that you’re committed to finding solutions that work for everyone.

Pricing Models

To stay competitive, try tiered service packages. Basic, Mid-Level and Premium packages will give sellers options based on their needs and budget. This will allow you to service more clients without lowering your commission rate.

Add Value to Your Services

Invest in tools that will add value to your clients, such as advanced marketing strategies or virtual tour technology. A well-spent marketing budget can make a big difference to your client’s experience and satisfaction. Mention these services when discussing commission rates to justify your fees.

Stay Competitive

Transparency is key. Sellers need to know what you bring to the table. Be open about what your commission covers, from photography and listing service fees to your negotiation skills and market knowledge. Being clear about your value will counter the pressure to lower commissions.

Communication and Client Expectations

Keep the lines of communication open throughout the process. Update clients regularly on market conditions and how your strategies work for their listings. Transparent and honest conversations will build trust and make sellers more comfortable with the commission structure.

Action Items:

  • Offer tiered service packages.
  • Use advanced technology in your marketing.
  • Explain the value of your services.
  • Keep communication open with your clients.

In the world of real estate brands and brokerages, it’s all about adapting. Keller Williams and other major real estate companies are already changing their strategies. Get ahead by reviewing and adjusting your service offerings and communication regularly.

Buying Agents: Redefining Value And Compensation

With the new commission splits, you’ll need to justify your client fees. This means providing a transparent, value-based service. Here’s how to adapt.

Tiered Service Packages

Offer different levels of service at varying price points. For example:

Service LevelDescriptionCost
BasicLimited showings, basic negotiationLower fee
PremiumFull service, all-inclusive supportStandard fee
VIPExclusive access, priority serviceHigher fee

Flexible Commission Structures

Adjust your commission rates based on client needs and market conditions. You might:

  • Flat fee
  • Percentage of the home’s price
  • Hourly consulting rate

Bargaining Power and Negotiations

Clients will be more aware of their bargaining power. Be prepared for:

  • Commission negotiations: Explain what you offer.
  • Commission with buyer’s agents: Be transparent.
  • Lower fees: Provide cost-benefit analysis to justify rates.

Risk Mitigation

The new landscape brings risks, such as clients going without a buy-side agent. To counter this:

  • Show off your brokerage expertise.
  • Highlight the pitfalls of buying without representation.
  • Promote full service vs DIY.

Commission Justification

You need to work on perceived value because it affects how clients view your services and how much they are willing to pay.

In a decoupled commission environment, where buyers and sellers have more control over fees, you can’t rely on traditional structures to justify your costs. You need to show them the unique value you bring. Here’s what you can do to justify how much you charge your clients.

  • Provide detailed market analyses and share compensation terms openly.
  • Emphasize successful client-to-sales outcomes.
  • Highlight personalized attention and exclusive access to listings.

These will help you adapt to the changing real estate landscape while keeping your role in the buying process front and center.

The Broader Real Estate Market: Long-Term Impact Of Commission Decoupling

The real estate industry is changing with commission decoupling. This is a result of settlement agreements and antitrust lawsuits to create a more transparent market.

You’ll see competitive commission rates become more prevalent as consumer advocates push for fairness. Transaction coordinators need to stay in the know.

New business models may emerge like flat fee services. These will give consumers more choices and drive down commission rates. The National Association of REALTORS and others will adapt.

To stay nimble use commission management software or tools like ListedKit that will help you track contracts and transactions under the new model. These will allow you to manage multiple transactions at once and make sure all parties are paid and nothing is missed.

Watch legal and class action lawsuits. These will further shape commission practices. As a transaction coordinator, your ability to manage these changes will be key to your success.

Overall, being agile and informed will help you navigate this new landscape. Adapt your strategies and tools to the decoupled commission world. Your ahead-of-the-curve approach will keep you competitive and successful long term.

Closing Thoughts

Now, buyers are negotiating the agent’s commission directly; this changes everything for everyone—buyers, sellers, listing agents and buying agents.

Everyone needs to adapt their strategies and expectations to survive.

For independent transaction coordinators, it’s key to be ahead of the curve. By understanding the new commission structure and coaching your clients, you can continue to provide value and stay competitive.