Real Estate JUST Changed FOREVER: Realtor Commission Settlement.
FULL TRANSCRIPT
wow the game of Real Estate has just
changed forever in this video I'm going
to break down the full National
Association of realtor commission
settlement this is a huge game changer
for the industry and it's a really bad
type of change for one type of person
and a really good kind of change for
another in this video I'm going to break
down exactly whom that person is and it
might not be whom you're hoping it to be
anyway here's first a background on how
commission structures usually work this
is actually really important to
understand where do companies like
Zillow and red finin come in and how
does it compare to uh you know what is
normal and then how does today's ruling
change everything well let's talk about
that so America has a very unique system
it's a system we haven't really seen
anywhere else in the world and it's one
essentially where when a listing agent
goes to a seller of a house the listing
agent which keep in mind I've been a
broker for over 11 years or real estate
agent for over 13 years broker just
means I can employ agents in case you're
not familiar with that and then of
course we can join the MLS we'll talk
about that in just a moment that's how
you become a realtor realtor is
different from agent agent is State
licensed realtor is membership so when
you hear the phrase realtor just think
member member of the multiple listing
service C MLS All Right seller so
ordinarily when I go to a seller I I
would say say all right what we're going
to do the seller will say what are the
fees well your seller fees are usually
going to be one to one and a qu% and
those are going to be things for escrow
Title Insurance maybe a home warranty
plan if we decide to offer it then we're
going to have the listing side
commission that's usually 2 and 1 12% in
my market in some markets that's 2% in
some markets that's 3% usually you see
higher percentages when the prices of
properties are lower and so if you go
luxury like $2 million properties you
usually see a 2% listing commission but
these are all negotiable right so 25% to
the listing agent and we would usually
offer 25% to the buyer agent that's the
person representing the buyer and then
what we would say is hey if I happen to
represent you as the seller and the
buyer which is allowed in Most states in
the country though in some areas it's
not allowed uh we would offer a minus 1%
discount to that so the total commission
would be four instead of 5% this this
has been traditionally the structure we
would use of course another seller fee
would be any kind of repair costs uh
that the seller has during escrow for
credits or whatever it might be so
usually we would see fees between 6 and
6 and a/ qu% of that 5% would be
commissions now what's happened is
you've had companies like let's say
redin come in uh and these are what we
generally in the industry call the
discount agents they'll come in and say
you know what we will list your property
for 1% uh and then we'll still give 2
and a half% to the buyer agent because
we don't want to discourage buyers so
we're going to sell your property for
that three and a half total as oppos to
five uh you know total right two and a
half two and a half outside the escro
title number so that's an example of how
discount agents uh would would would try
to compete they would lower the fee they
charge lowering the fee you charge is
actually going to be a critical
component of this settlement and you'll
see exactly why in a moment uh now keep
in mind that often times and I don't
want this to be a video bagging on
discount agents most Full Service agents
will bag on discount agents saying well
they do discount work discount agents
respond and go no no no no we just do
the same work at a lower fee right of
course everybody's got their pitch and
their shtick okay fine so what does this
mean well right now this set
has said instead of the seller offering
22% to that buy side and whatever it is
to the listing side we're going to
remove the obligation of the seller to
offer anything to that buy side that has
just disappeared which means if I'm a
normal listing agent now I can go to a
seller and say Hey you no longer have to
pay 6 to 6 and a qu% for realtor escro
and tile instead we're going to go with
let's just call it to be a little more
competitive let's just call it 1% for
escro and tile right and then we're
going to add 2 and 1 half% to list it
we'll do 3 and 1 12% total to sell your
house obviously minus whatever repairs
get agreed to during the transaction now
the seller might say but who pays the
buyer's agent then because traditionally
the seller always paid the buyer's agent
and that has now flip-flopped to where
the seller can say
we aren't going to offer the buyer agent
anymore any money I don't care who pays
for the buyer's agent but it ain't going
to be me so who's going to have to pay
for that well the buyer is going to have
to pay for that now you might think wait
a minute if the seller can sell the
property for lower fees that might mean
sales prices might come down right well
let's think about this for a moment so
let's simplify this and let's say the
old guard for seller was 5% plus escro
tile repairs right now the new is as a
listing agent I could tell the seller
it's only
25% well that makes me much more
competitive as an agent right if I could
say hey it's actually much cheaper to
use me now I'm able to lock in my fee a
lot easier because I'm not also
advocating for the buyer agent anymore
so I actually think and this is an
important part right here a lot of
people like Kevin is is this actually
going to change anything yes I actually
think listing agents are very quickly
going to adopt to this change and
they're going to say you know what we're
just going to offer zero to the buyer
agent because it makes me more
competitive in that listing appointment
remember if you're not in the industry
that might seem confusing an agent who
goes to a seller is competing to get
that contract signed well if you can
compete to get that contract signed by
burning the other Buyer Agents because
now you could do that well why wouldn't
isue well may maybe you like your Buyer
Agents friend that's true but in a
capitalistic world the buyer agents are
going to get burned the sellers agents
are going to cut them out that way they
can increase the odds of them getting
the listing because the seller really
only cares about one thing that's the
house gets sold for the maximum possible
net and if your net sheet shows that
they get a bigger number you're more
likely to get the listing so again
listing agents are probably going to
start advocating and mass we don't have
to offer the buyers commission anymore
now that's where the changes in the past
if you offered if you took a listing
commission and you put a property in the
MLS you had to offer a buyer agent
commission now that buyer agent
commission could be as low as $1 but
because everybody in the area would
generally offer 2% 2 and A2 or
3% well everybody basically stuck to
that so people didn't really have to
offer 2 1.2% they just had to offer
something and because they had to offer
something and it was normal for
everybody to offer 2 and a half% in my
area let's say again it could be two or
three somewhere else people would do
that in fact what people used to do old
school this is going to blow your mind
listing agents and listing agents had to
sell the seller on doing this so the
listing agent would say give me 22% but
it's such a hard market like 2011 or
whatever let's offer the buyer agent 3%
that's called a buyer agent incentive
and it's basically trying to convince a
buyer's agent to go please bring more
clients to this property you will make
more money now I know it shouldn't be
that way right it should be best house
for the best buyer and matching fits
like that but this is capitalism that's
not how it works we could debate the
merits about being an agent or whatever
in a different video I'm just explaining
what's likely to happen here is the
listing agents are going to completely
remove themselves from the need to offer
a buyer commission at all okay so now we
have that bottom line secured listing
agents are going to make themselves more
competitive they're going to make
themselves more competitive by lowering
the total fees that they have to
negotiate for by cutting out the buyer's
agent which makes the seller look like
they're getting a bigger net as soon as
some agents start doing that in a
neighborhood it is going to spread
faster than the the first wave of covid
because the agents advocating for the
buyer agent aren't going to get listings
anymore and they're going to go dang it
I have to change my practices and then
all of a sudden before you know it
nobody's offering buyers agents
commissions anymore all right bottom
line secure buyers agents aren't getting
commissions anymore what does that mean
for buyers and home prices and who's the
big winner and loser in all of this
right let's analyze that okay so if
buyers now have to pay the buyer Comm
Mission what's going to happen is buyers
are going to do one of two things buyers
are going to well first of all on the
listing side you're still going to have
that 2 and a half% for the listing side
so the listing agents still going to get
their money they used to get the 2 and a
half% anyway right so that that part
doesn't really change it doesn't really
affect the sell's agent so listing
agents are pretty insulated here but
Buyer Agents used to basically rely on
the listing agents negotiating
negotiation for their commission well
now nobody's advocating for their 2 and
a half anymore so that buyer agent is
going to have to convince buyers
themselves to pay for that 2 and a half%
this is done through something known as
a buyer broker a buyer's broker is kind
of like a contract that a buyer enters
into with their realtor and the buyer
promises to pay their agent 2 1.2% now I
know a lot of people are thinking to
myself there's no way in hell I'm going
to do that well who is most likely to
need a buyer's agent most well frankly
it's firsttime home buyers home buyers
or new investors people who don't know
anything about Title Insurance Home
Inspections electrical panels sewer City
permit requirements City inspection
requirements zoning flood insurance best
insurance agent best vendors in the area
people who don't know these things
whether it's crime rates or which areas
have had the rebar taken out of it by
the Builder in a fraudulent Manner and
half of the neighborhood sucks and the
other half doesn't because one half is
basically having their foundations
crumble away who's going to tell a buyer
that well it's not going to be the
seller so the buyer has to hire their
own
representation now there are two types
of representation you can hire you could
hire a consultant or you could hire a
real estate agent that is paid on a
commission of you actually getting CL
like a deal closed so when an agent gets
a commission they're motivated to help
you get the deal closed they're
motivated to make sure that you fully
understand what you're getting into and
that problems get resolved every single
real estate transaction has problems and
it's usually between the seller uh the
sell's agent rather and the buyer's
agent in terms of how problems are
solved buyers and sellers directly
together like if we just did blockchain
Real Estate it it probably wouldn't work
mostly because because you look you
could blockchain title insurance and
certain like fees title insurance is
going to go to blockchain that for sure
but the actual emotional transaction of
real estate is extremely difficult
because there's so much involved and
people are extremely emotional in real
estate and there's so much of people are
just unaware of that it's actually a
very hard transaction people bag on real
estate agents all the time because they
say well when I bought my house it was
easy that's the norm after a deal closes
and it's an easy deal agents are usually
like
did did that just happen like usually
deals aren't easy now again I'm not here
to advocate for you having an agent or
not I'm just saying a commissioned agent
is Mo really motivated to get the deal
done because they don't get paid until
they close the deal a consultant might
charge a buyer hourly now again I don't
care which one you choose obviously
hourly if you look at 10 homes you're
going to pay a lot more money than if
you look at one home maybe that's the
fair model maybe that's the future right
but who ultimately gets screwed by this
and do home prices come down well let's
Analyze This okay so the listing agent
is still making their 2 and a half% so
we know it's not the listing agent
that's getting
screwed at least before we talk about
home price let's ask ourselves is the
seller getting screwed by paying lower
fees no of course not again we're going
to talk prices in a moment but it's not
the listing agent who gets screwed and
it's certainly not the buyer or
certainly not not the seller who gets
screwed again on a fees point of view
then you've got buyers and Buyer Agents
well do buyers agents get
screwed in part yes because now Buyer
Agents need to prove their value upfront
and actually convince a buyer to marry
their basically real estate agent and no
matter what property they buy they have
to use that agent now that's the right
thing to do anyway so maybe that's not
that big of a deal so I'm going to say
this is a about um maybe a half loss for
the buyer's agent so so let's say half
of the pain is carried by the buyer's
agent okay who carries the other half
the buyers absolutely the buyers get
screwed here what kind of buyers get
screwed well let me ask you this I run a
real estate startup I've been doing this
again for like 11 13 years 11 years as a
broker 13 years as over 13 years as an
agent property manager am I going to get
screwed so if I have my real estate
startup and we're buying real estate
which by the way you can invest in it if
you wanted to it's house act.com 2024
we're also creating ways to make it so
that you could 1031 into a public
security that you could just swipe up on
Robin Hood and sell so you defer taxes
up to that point which is pretty
incredible you can learn more about that
by emailing us at IR house.com but
anyway let me ask you this somebody
who's sophisticated who has their own
real estate license are they going to
get screwed no somebody who has their
own real estate license who uh knows how
to play the game who knows what they're
doing who's a sophisticated investor
who's done this many times before
they're not going to get screwed look
for example house hack by the way uh I
just licensed my real estate startup so
like here it is house hack here's our
license ID number Status license so we
are going to be just fine and any
investor who knows what they're doing is
going to be just fine in fact if we want
to go buy real estate what do we do we
just pick up the phone and call the
listing a and we could write paperwork
ourselves we don't even have to charge
ourselves but that's very unique we're a
buyer that's licensed and is a member of
the Realtor Association we're not going
to get screwed who gets screwed well
it's not this kind of buyer it's the
firsttime home buyer it's the firsttime
home buyer and the non-licensed brand
new investor who's trying to get started
they're the ones who get screwed now why
do they get screwed because they Kevin
Kevin they could just they could still
have an agent they could pay for the
agent themselves
really okay let's think about that for a
moment most buyers when they get started
they put down
32% to 5% that's their down payment
let's assume they're going to put down
5% now a buyer agent says by the way I'm
so glad you just came up with
$25,000 to put 5,000 or 5% down on your
$500,000 house but we're now going to
need you to come up with another 50% of
your down payment or
$12,500 so that I can help you buy this
home uh buyers and first-time investors
are usually cash strapped you just
shifted a massive burden to the Buyer
Agents buyers okay so the buyers get
screwed here because they have to come
up with the cash now wait a second
they're already cash strap because
they're financing most of the deal the
homeowners are selling most of the time
with equity and if they're not financing
their sale with equity and paying their
fees with Equity they're going to a bank
and short selling and then the bank is
paying the fees so shifting this to
buyers with loan low down payments
really sucks so then you might say Okay
Kevin but why don't they just ask for a
credit back so what we'll do is we'll go
ahead and say the house price is going
to be 512 500 and the buyer is going to
ask for a credit back of 125 now as long
as the property appraises for uh uh
5125 we can give the buyer a credit back
for $112,500 which can then go to pay
the buyer's agent that's great but what
did you just kill you just killed the
fact that most buyers are limited to 3%
in credits or the down payment right
that's usually where you're limited
unless you're VA then you can get like
3% with zero down it's kind of crazy but
anyway if you now blew that potential to
get a credit on a commission you're not
able to use that credit to finance
upgrades on the home like oh no the
panel's broken let's replace the panel
or the sewer or whatever you're now
limiting credits that buyers can get
because lenders put a Max on the amount
of credits you can get when a buyer
finances a home which most buyers
especially first-time home buyers and
investors obviously they finance their
homes who doesn't finance homes cash
buyers cash buyers sophisticated
investors investors who have their
licenses they don't care about this this
doesn't matter these are sophisticated
people who could just call the the
listing agent and have faith that the
agent's maybe not going to do much for
them anyway and they'll just represent
themselves like a big boy or big girl
okay well again that's great for
sophisticated people but who does It
screw home buyers and early investors
and then of course in part Buyer Agents
so I think the and then we're going to
talk prices in just a moment who
benefits here sellers listing agents
who's hurt buyers and buyers agents if
you're going to be a real estate agent
you want to be really really successful
in the long term you probably got to
focus solely on listings now that's not
to say if there's a buyer who really
wants to work with you they won't pay
you your fee that will happen it's going
to be a lot harder to negotiate that
especially amongst cash strap buyers
maybe you'll open up a whole new breed
of Consultants I don't know about that
now we have to talk home prices with a
quick note about the MLS some people are
suggesting this is the death of the MLS
no being a member of the MLS is critical
my real estate startup we're a member of
almost all the mls's that we work in we
do that on purpose so we could get the
best data and we can get the California
Association of realtor legal contracts
or if we're buying in Utah we could get
the Utah Legal contracts whatever
wherever we're buying we could use the
standard forms in some of the best
contracts that exist the California
Association of Realtors as an example
they're really good they have some of
the best paperwork that exists you want
to be a realtor to be able to use those
forms and you want the best data
available on the MLS is it possible that
that best data is going to end up at you
know places like Zillow maybe probably
not in the near term because I don't
think this ruling changes anything for
people being part of the MLS or not what
this changes is buyers and buyers agents
that's it that's where the problem is
what about prices some people say well
if a seller can now save 22% or 2% or 3%
on the value of their home will they
sell their home for
Less no I do not think that home prices
are going to go down as a result of this
I understand it seems logical that if a
seller can sell their home for Less
because they have lower fees that prices
might come down and maybe buyer
purchasing power will fall a little bit
because now they have to pay for all
these fees or maybe they don't
right that's not how the market works
though the real estate market is based
on sales compared comparisons if 10
homes in the last 6 months in one
neighborhood sold for 500 Grand just
because fees just went away doesn't mean
the seller is not also going to expect
$500,000 and the appraisers probably
aren't going to look at that as well so
I don't actually see Home Ownership
getting more affordable as a result of
this I actually think what you did is
you just made and I'm not saying this
this ruling shouldn't have happened I'm
not anti- the ruling like let's be real
the reason the California Association of
Realtors and the National Association of
Realtors and different realtor
associations throughout the country
advocated for a buyer agent commission
was actually to help buyers get into
deals to make it so that look here's an
agent for you you don't even have to pay
for them we already got that handled for
you I understand why courts are like
yeah well we can't mandate that I
totally get it but yet just fed
firsttime home buyers and homeowners who
were moving and early investors I'm
convinced by that you just made those
transaction a lot harder now I want to
give some respect here to some public
comments that I saw so let's take a look
at some of these public comments here
somebody says I have 40 years of
experience at practicing real estate as
an attorney it seems to be that most of
these comments on Reddit are made by
people who do not know what's involved
in the sale and purchase of a home
having worked with many real estate
agents and Brokers I could say most of
them not all like all other Industries
there are a small percentage of people
who give everyone a bad name are very
hardworking individuals in order to make
make a living as an agent you're working
247 365 the phone rings you answer it
whether it's at 11:00 p.m. or whatever
yes in a sell's market being a listing
agent is relatively easy but
representing a buyer is very difficult
when houses sell fast buyers need help
getting their offer put together and
present it as fast as possible or they
will not have a chance at getting their
contract signed this is true you got to
be fast and you need to know how to talk
to the listing agent and you need to
know the questions to ask and you need
to know how to present the offer and you
need to know how to follow up it is a
job to get an offer accepted it's really
really hard okay but anyway when houses
okay we talked about that likewise when
it's a buyer's market a knowledgeable
listing agent can be invaluable in
getting your home sold there's so much
more involved than what's seen on HGTV
that's true that's a nice one about
agents okay what over here when I bought
my first home I was a very very busy
woman I worked with a realtor who
presented who presented well and I liked
her but I expected her to do the work of
me the right home I was too busy and I
knew that she stood to receive thousands
of dollars once I purchased I expected
her to work for that money and she
didn't when I was considering a condo I
wanted her to get a hold of the info uh
for the homeowners association and
research how healthy the HOA was
financially and what plans there were
and she just didn't do it another time
basically an agent tried to sell her
home cheap and it sold with multiple
offers blah blah blah this is very
common you get these sort of feelings
very frequently from uh buyers who are
like you know I'm paying you and even
though the seller was paying them I'm
paying you therefore you better find my
home for me or whatever like you you do
get that kind of attitude and I
understand where that expectation comes
from uh it used to be in like the 80s
that Buyer Agents would be like hey
let's go look at these five homes I
think these have your name on it well
now with the Internet it's actually much
easier for people to spend 5 minutes a
day and go any homes come up in my
neighborhood and then where the buyer
agent really comes in isn't necessarily
finding the home unless it's off Market
it's negotiating the deal presenting the
offer winning the offer and then of
course closing the deal that's mostly
where I would say most of the buyer
agent pay comes in now again actually
winning the contract not so much finding
the home or unlocking the door some
people do say that they're like oh
they're overpaid door
unlockers uh cost just got significantly
less for the I buyers and private Equity
behemoths uh good luck USA get your rent
checks ready for Blackstone this will
have no impact on pricing yep I think
this person literally just nailed it uh
costs did just get significantly lower
for big companies and they're right I
buyers basically companies who are are
flipping Like An Open Door cost just got
a lot cheaper for them because they
don't have to offer that buyer agent
commission anymore which gives them
potentially more of a spread but they're
able to get less of a spread UPF front
remember when Open Door goes and buys a
home they're like hey we're only going
to charge you you know whatever our fee
is versus is what you would be paying
Realtors well they're going to pay for
that fee upfront so I actually don't
think the I buyers win as much as people
think really again it's sellers who win
sellers are going to be able to demand
more dollah Halas for their properties
uh somebody here says feels like a mixed
blessing blah blah blah okay uh so there
there's a lot of commentary around this
uh somebody here is talking about oh the
association of realtor sets a code of
ethics blah blah blah Okay so
very bottom line out of all of this what
would I do if I'm a an investor well i'
just have my own license and write my
own forms but that's what I do and
that's what I do with my real estate
startup uh what would I do if I'm an
investor or wanting to become an
investor well the first thing that I
would do is I would make sure to sign up
for my event on June 21st to June 23rd
in Vegas we are going to hold a 3-day
event where we talk Finance Innovation
and a lot of real estate I'm going to
teach you how to go from zero to
millionaire in real estate and and
actually how to compete in this day and
age how to get your offers accepted how
to manage real estate how to actually
find a good deal we're going to go
through all of that and we've got other
speakers coming as well for different
parts of the event so stay tuned go to
meetkevin.com to sign up get your ticket
now the prices will be going up over
time now what about if you're not going
to go run out and get your license and
you're just a home buyer well if you
want the best representation possible
you have two potential choices you could
find the best possible real estate agent
that maybe you've used before and you're
just going to have to sign the buyer's
broker maybe they'll sell your home too
if you're moving up that's the way it is
alternatively you could try to negotiate
a Consulting agreement where hey you're
going to end up saying I'm going to work
with the listing agent but I want to run
the deal by you and maybe ask somebody
to come look at it can I pay you a few
thousand and that'll buy me you know
maybe three phone calls for advice and a
visit to the property whatever it is
right maybe that's too much okay maybe
that's 10 phone calls right in visit
property I don't know whatever it is I'd
probably think about that especially if
I'm a first-time home buyer as a
first-time home buyer I think you really
out reamed here I really really feel bad
for first-time home buyers because
first-time home buyers are going to be
like I don't have any more money for all
of these
fees what the hell and so now with
mortgage rates at 7% and you're you know
it's being hard to save up for down
payment now you to pay even more just to
get representation whereas the listing
agent has representation built in that
sucks so really do feel bad for those
first-time home buyers and uh I'll
probably just try to hold more of these
events or or put more content out on
YouTube to really help first- time home
buyers because I do think that buying
real estate is the greatest and fastest
way to real wealth and it's
non-speculative that's my opinion but uh
and I'm not looking for clients right
I've got a big client that's called
House hack it's myig baby and that's all
I focus on but as far as first time home
BS I'm sorry
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