290,356
Below is an example of one state (Ohio) and they should all be operating on close to the same basis. As an individual, you can write a post and directly say what your rate is. There are literally brokerages with their commission total in the name of their brokerage. It's the discussion of commission rates with other agents or brokerages that causes the concerns with anti-trust. Jeff Pearl isn't wrong on this one.
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Inna Ivchenko
Encino, CA
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Olga Simoncelli
New Fairfield, CT
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Carol Williams
Wenatchee, WA
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Lyn Sims
Schaumburg, IL
-
Greg Large
Grove City, OH
-
Brian England
Gilbert, AZ
-
Bob Crane
Stevens Point, WI
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathy Streib
Cypress, TX
-
Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
-
Michael Jacobs
Pasadena, CA
2,114,612
We have always been "allowed"... to mention commissions. BUT (there's always a but, isn't there?)... the mention of commissions can easily lead to a discussion about commissions, which could lead to, or be construed as collusion, and therefore something to be scrupulously avoided.
Especially in writing, on a public website!
IMHO
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Carla Freund
Raleigh, NC
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Carol Williams
Wenatchee, WA
-
Candice A. Donofrio
Fort Mohave, AZ
-
Lyn Sims
Schaumburg, IL
-
Don Baker
Eatonton, GA
-
Bob "RealMan" Timm
Minot, ND
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael Elliott
Burlington Township, NJ
-
Wayne Martin
Oswego, IL
3,650,959
Michael many of us old timers had this drilled into our heads years ago. never discuss commission amounts with other agents. Just don't do it. Stay on the safe side, period. But by reading some of the answers it appears there are different sides to this.....
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Carla Freund
Raleigh, NC
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Carol Williams
Wenatchee, WA
-
Lyn Sims
Schaumburg, IL
-
Nina Hollander, Broker
Charlotte, NC
-
Brian England
Gilbert, AZ
-
Michael Elliott
Burlington Township, NJ
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
John Juarez
Fremont, CA
930,148
It's not a violation just to mention a commission amount. Just don't discuss with others about setting a certain % amount.
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Carla Freund
Raleigh, NC
-
Olga Simoncelli
New Fairfield, CT
-
Lyn Sims
Schaumburg, IL
-
Nina Hollander, Broker
Charlotte, NC
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
-
ActiveRain Member Support
Seattle, WA
-
Bob "RealMan" Timm
Minot, ND
5,457,340
We can now advertise publicly what we are paying buyers agents. Coming from those who enforce the Sherman AntiTrust Law (DOJ), this makes ZERO sense!
As well, now agents can hold 'privately' whether or not they or their seller will be paying BA compensation. In my opinion, this opens the door to rampant discrimination.
They seem to have thrown what we've always thought to be right - and 'the law' - right out the window!
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Carla Freund
Raleigh, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
Carol Williams
Wenatchee, WA
-
Joan Cox
Denver, CO
-
Candice A. Donofrio
Fort Mohave, AZ
-
Fred Griffin Florida R...
Tallahassee, FL
-
Bob "RealMan" Timm
Minot, ND
-
Brian England
Gilbert, AZ
-
Michael Elliott
Burlington Township, NJ
1,426,302
You will not find me mentioning any specific commission/fee amount in any public space...including this one.
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Carol Williams
Wenatchee, WA
-
Joan Cox
Denver, CO
-
Nina Hollander, Broker
Charlotte, NC
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Andrew Mooers | 207.53...
Houlton, ME
-
Kathleen Daniels, Prob...
San Jose, CA
-
Bob "RealMan" Timm
Minot, ND
-
Michael Elliott
Burlington Township, NJ
3,416,110
I see it here from time to time and on FB as well. I am not among those that mention %, of $$$.
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Carol Williams
Wenatchee, WA
-
Nina Hollander, Broker
Charlotte, NC
-
Brian England
Gilbert, AZ
-
Michael Elliott
Burlington Township, NJ
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
John Juarez
Fremont, CA
-
Kathleen Daniels, Prob...
San Jose, CA
5,274,497
What the Settlement changed was posting commission rates in MLS. We are okay to post a seller offered commission rate or concession elsewhere for a listing. Discussions about "typical" commission rates, etc. are still a violation.
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Frank Rubi
Metairie, LA
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Carla Freund
Raleigh, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
Joan Cox
Denver, CO
-
Michael Elliott
Burlington Township, NJ
-
Fred Griffin Florida R...
Tallahassee, FL
-
Greg Large
Grove City, OH
1,095,530
I just noticed this post and moments before, one in SM about how some things in America are legal and rightful but abhorrent and counterproductive. I think it's wiser here to reduce risk for the broker.
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Carol Williams
Wenatchee, WA
-
Lyn Sims
Schaumburg, IL
-
Brian England
Gilbert, AZ
-
Michael Elliott
Burlington Township, NJ
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Fred Griffin Florida R...
Tallahassee, FL
2,702,622
The Federal Government has other things on their plate to worry about. A blog post or social media comment that says, "I charge X% commission here in Podunk, USA" is not going to set off any alarms.
But those Trial Lawyers - the ones who have been accused of paying off NAR leadership to settle the Sitzer case... those lawyers are the people you need to be concerned about.
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Brian England
Gilbert, AZ
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Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
Kathy Streib
Cypress, TX
-
Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
2,503,090
I guess I've missed those posts Michael Elliott but you are right, we should not be seeing them in posts or in Q&A here.
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Joan Cox
Denver, CO
-
Bob "RealMan" Timm
Minot, ND
-
Brian England
Gilbert, AZ
-
Michael Elliott
Burlington Township, NJ
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
753,993
It should not be mentioned. That is what all the lawsuits were about. We can talk about general compensation and how it is handled, but not specific figures.
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Candice A. Donofrio
Fort Mohave, AZ
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Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Michael Elliott
Burlington Township, NJ
5,447,406
Alan May set the tone. You can do it but not with other agents in an attempt to set a rate. Well, depending on the story telling ability of a lawyer to convince a jury of people unfamiliar with the facts, the outcome is not good. We have a new breed of ambulance chasers.
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Kathleen Daniels, Prob...
San Jose, CA
-
Candice A. Donofrio
Fort Mohave, AZ
-
Fred Griffin Florida R...
Tallahassee, FL
-
Bob "RealMan" Timm
Minot, ND
-
Brian England
Gilbert, AZ
-
Michael Elliott
Burlington Township, NJ
330,594
This seems to occur on a weekly basis.
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Joan Cox
Denver, CO
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
Kathleen Daniels, Prob...
San Jose, CA
4,940,483
I don't think it is permitted anywhere, but AR isn't the police for that, haha. I am sure that the police for that are aware of AR, so I feel bad for anyone who feels they should be discussing it here, haha.
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Debe Maxwell, CRS
Charlotte, NC
-
Kathleen Daniels, Prob...
San Jose, CA
-
Candice A. Donofrio
Fort Mohave, AZ
-
Michael Elliott
Burlington Township, NJ
-
Bob "RealMan" Timm
Minot, ND
2,282,327
(pause) ...
(more pause) ...
(still more pause) ...
Next question Michael Elliott ?
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Carla Freund
Raleigh, NC
-
Greg Large
Grove City, OH
-
Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael Elliott
Burlington Township, NJ
2,244,317
You are correct - Agents from different companies should not be discussing Commission Rates . Worse yet don’t do it in writing. Sherman Anti Trust Act
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Bob "RealMan" Timm
Minot, ND
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Brian England
Gilbert, AZ
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Michael Elliott
Burlington Township, NJ
-
Debe Maxwell, CRS
Charlotte, NC
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Michael J. Perry
Lancaster, PA
1,868,078
You can only try to educate others. It has been like that for years here & I just watch what I do. I do not talk about commission with a number.
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
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Michael Elliott
Burlington Township, NJ
5,166,763
I have agents call me what my seller will pay, but we can not put it in our MLS. I see what the coop is in lots of flyers now
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Bob "RealMan" Timm
Minot, ND
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Brian England
Gilbert, AZ
-
Debe Maxwell, CRS
Charlotte, NC
1,645,671
I guess the only spots where buyer commissions are gone are MLS and a listing agreement.
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Inna Ivchenko
Encino, CA
919,013
Because we are not "colluding" regarding these commissions, just stating what's out there. All our client contracts clearly state in bold letters that commissions are negotiable.
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Debe Maxwell, CRS
Charlotte, NC
1,533,714
It really depends on how it's being done. There is a difference between "I charge X% to buyers" and "I think we should all charge X% to buyers". There is nothing wrong with saying "I'm passing on X% SOC" but you'll get in trouble if you say "and I think we all should too."
If it can be inferred that you are suggesting a standard price, that's a problem too.
Questions like "What are you charging for buyer rep" could be seen as encouraging price fixing, even though many industries (like title insurance, hospitals, etc.) have to post their rates publicly for all (including their competitors) to see and can (and do) make decisions based on this information. This is the root of the alleged "price fixing" in the MLS. If the majority are passing on X% SOC and your seller is trying to decide what to offer, the fact that they can go and see that 95% of people are passing on X% and only a couple are passing on W% or Y%, leads to them potentially joining the X% club.
Using a post-settlement example, if your seller does not wish to entertain offers with a commission attached to them, yet most others are (or buyers are saying "we won't look at homes without them" as I'm hearing from some agents in my area), then the seller is forced into entertaining those offers.
As a general rule, outside of marketing, I always try and use a placeholder such as X for discussions of compensation just to stay on the safe side. Even when meeting with another Broker to talk about the market and what's going on and ways to adapt, X is the safest thing to say.
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Debe Maxwell, CRS
Charlotte, NC
5,238,257
Michael..I see what you are talking about no one should be posting what a typical % or $ amount for fees is standard in an area! That is what got this whole thing going!
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Debe Maxwell, CRS
Charlotte, NC
1,763,633
Commission rates are negotiable and always have been.
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Inna Ivchenko
Encino, CA
5,978,571
We should avoid talking about getting paid! We are back to being Secret Agents, and the thought of getting paid is a secret!
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Debe Maxwell, CRS
Charlotte, NC
939,329
You have some accurate answers above.
Hang on to your hat, this way of doing things will change too, eventually.
I just hope the next time they change the way we do things someone doesn't win millions of dollars.