What You Need to Know

In March 2024, in response to a pending lawsuit judgment against them, the National Association of REALTORS® released a set of proposed policy and practice changes that will reframe the relationship between real estate professionals and buyers. To be clear, the industry’s fiduciary commitment to the best interests of clients hasn’t changed, but the way agents and buyer clients formalize professional relationships will.

Changes to the Homebuying Experience

As a homebuyer, this proposed settlement means there will be some changes to your real estate experience:

1. Required Buyer Agreements

Prior to this settlement proposal, it was acceptable (though not widely practiced) for buyer’s agents to forge relatively informal, unwritten agreements with their clients regarding service. Following these proposed changes, buyers must sign a service agreement with a real estate professional in order to be shown homes. 

2. Buyer’s Agent Compensation

Prior to the proposed changes in the settlement, buyer’s agents were compensated via a cooperation agreement with the seller and seller’s agent facilitated by the multiple listing service. While this sort of cooperation is still allowed, the MLS is no longer allowed to coordinate it. Buyer’s agents will now be responsible for negotiating their own compensation with clients. 

FAQ

As a homebuyer, these changes will require new, important conversations between you and your real estate professional. A buyer service agreement will formalize your agent’s fiduciary responsibility to you, further protecting your interests. It will allow the opportunity for real, transparent communication with your agent around compensation, offering you a clear understanding of the cost of services and how those services benefit you. 

These conversations will ultimately set buyers up for greater success in their transactions. More buyers will start the home search process with a clear understanding of their strategy, how their agent will support them, and what it will take to get to the closing table. 

Two major changes: First, compensation offers to buyer’s agents will no longer be displayed on the MLS, and the MLS won’t be allowed to facilitate commission cooperation between the buy and sell sides of transactions. Second, all buyers will be required to sign a buyer agreement with their agent outlining service terms, including commission requirements.

Yes. Luxury Presence has created a strategy guide for agents seeking advice on negotiating buy-side compensation. Get your copy of The Future of Buy-Side Compensation here

The best agents have shifted their thinking from the top line to the bottom line. They're obsessed with the client experience. They're taking action very quickly to level up the technology in their businesses because they understand it's the only way to deliver strong profitability and a world-class client experience.

How I Work with Buyers

As my client, you can expect nothing but the highest level of service and counsel. I take my fiduciary commitment to you extremely seriously and believe that the best way to advocate for your best interests is through preparation. For each property my clients consider, I create a complete set of market research, potential pricing and offer strategies, contract negotiation tactics, and more. 

Before the NAR lawsuit settlement proposal, some buyer’s agents were able to get away with doing the bare minimum. Thanks to assumed cooperation with the seller, they might get paid for simply showing up, unlocking doors, and pushing papers.  While that was never my approach, it is now no longer the world we live in. As my client, you can rest assured that I will provide you with expert-level service and advice throughout our professional relationship.

Testimonials

1
Sue S.
Working with Ellen was so easy. She is a consummate professional who listens to her clients and communicates well. She made the extra effort to get a purchase agreement signed just before my long vacation so I knew in advance that the house was sold and could relax.
2
BUYER | SELLER
Ellen is an exceptional real estate executive who always goes above and beyond the call of duty for her clients with integrity and passion. Ellen is extremely knowledgeable about the challenges that are present in the real estate market and has a keen eye for matching clients with their dream homes..
3
MAZ & BILL D.
Ellen Mulligan is a true professional in every way. Her attention to detail and knowledge of the Real Estate market is on point as well as her extensive experience working with waterfront properties. She always makes time, responds promptly, and negotiates respectfully. Ellen makes you feel that you are her only client. We certainly hope to work with Ellen again in the future.
4
Mary B.
5
LOUISE & TED M.
Everyone dreads the next, inevitable real estate transaction. Dealing with Ellen is different. She delivers the best of convenience, competence, and reliability. And she does all she commits to, on time and without error. You will search far and wide to receive this kind of service. Trust Ellen.
6
Kevin P.
In today’s complex Real Estate environment, Ellen has the rare ability to utilize her strong ethics and values supported by a tremendous knowledge of the Lakes Region real estate metrics and climate. After working with Ellen on 8 real estate transactions, Ellen ranks as one of the most talented Business Professionals I’ve had the pleasure to be associated with.