By: Brittany Cavallo

The tradition of buying and selling homes or property has roots that reach back to the early 19th century, and Real Estate Agents have been pivotal in enabling these transactions since the 1800s. In today’s real estate landscape, the standard setup typically involves a Sellers agent representing the seller and a Buyers agent advocating for the buyer. However, this structure hasn’t always been the status quo, and it is currently causing complications, legal disputes, and the potential for substantial shifts within the Real Estate Industry. These challenges are not only affecting how Real Estate agents are compensated but are also shaping how consumers are represented in these transactions.

If you’re a consumer looking to sell a home, your usual first step is to contact a local agent who will provide an estimated price and associated fees. These fees often encompass compensating a buyer’s agent if they bring a qualified buyer to purchase the home. Conversely, if you’re in the market to buy a home, reaching out to a local agent initiates property visits at seemingly no direct cost to you, as the agent is aware they will be compensated by the seller’s agent.

This approach has persisted in the industry for a considerable period. Agents, often referred to as sub-agents, historically represented either party, regardless of the specific company they were affiliated with. Essentially, they worked for the seller, even if the buyer’s agent had no prior knowledge of the seller or the property. However, in the late 1990s to early 2000s, the industry recognized the necessity of clarifying roles and introduced Agency Disclosures to define who represented whom.

Despite these improvements in disclosure practices, the commission structures remained largely unchanged. This has led us to the present state of uncertainty and potential transformations within the real estate industry.

At present, there are three ongoing class action lawsuits involving major real estate corporations like Coldwell Banker, Remax, and Keller Williams, among others. The National Association of Realtors is also named as a defendant in two of these lawsuits. These legal actions argue that real estate commissions have been artificially inflated, placing an unjust financial burden on consumers, especially when compensating agents who might not truly represent them. Coldwell Banker and Re/Max have already settled, with Coldwell Banker agreeing to a settlement of $178 million and Re/Max settling for $55 million. Consequently, only NAR, Keller Williams, and HomeServices remain subject to these legal challenges.

The industry is currently experiencing a notable shift, propelled by the settlements with Coldwell Banker and Re/Max. As part of these settlements, alterations to commission practices are expected, likely removing the necessity to compensate a buyer’s agent. This development raises a significant question: what does the future hold for buyer’s agents, and how will buyers be adequately represented in this evolving landscape?

We’ve observed changes and adjustments in mortgage down payment requirements over the years, with down payments decreasing to as little as 3% from the previously presumed 20%, aiming to accommodate soaring prices and improve the accessibility of homeownership. Now, contemplating a scenario where buyers might need to personally cover the cost of their representation raises concerns about whether buyers can financially afford professional representation. This situation might lead many to consider purchasing properties independently, bypassing the option of hiring a representative.

Over the years, “For Sale By Owner” has emerged as a viable choice for sellers, prompting curiosity about what alternatives will emerge for buyers in this evolving landscape. Additionally, it encourages us to contemplate the fate of the industry, particularly concerning the sustainability of buyer’s agents’ careers if they are unable to maintain adequate incomes without the existing commission structure.

The future impact of the evolving Real Estate Landscape remains uncertain. At this moment, both agents and consumers need to stay prepared to adapt to the unpredictable shifts in the industry. Only time will reveal the true course of change.