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Michael Elliott, Burlington, New Jersey Residential Sales (Fathom Realty)

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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.

Sep 19, 2024 01:54 PM
Ambassador
2,114,612
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home again, home again...

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

Sep 20, 2024 04:29 AM
Ambassador
3,650,959
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

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.....

Sep 19, 2024 04:04 PM
Rainmaker
930,148
Jeff Pearl
Samson Properties / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

It's not a violation just to mention a commission amount. Just don't discuss with others about setting a certain % amount.

Sep 19, 2024 12:43 PM
Ambassador
5,457,340
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

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!

Sep 19, 2024 08:43 PM
Rainmaker
1,426,302
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

You will not find me mentioning any specific commission/fee amount in any public space...including this one.

Sep 19, 2024 11:41 AM
Ambassador
3,416,110
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

 

I see it here from time to time and on FB as well.  I am not among those that mention %, of $$$.

Sep 19, 2024 03:42 PM
Rainmaker
5,274,497
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

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.

Sep 20, 2024 06:09 AM
Rainmaker
1,095,530
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

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.

Sep 19, 2024 05:01 PM
Ambassador
2,702,622
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 

 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.

Sep 19, 2024 03:03 PM
Rainmaker
2,503,090
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

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.

Sep 19, 2024 01:45 PM
Rainmaker
753,993
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

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.

Sep 19, 2024 11:56 AM
Rainmaker
5,447,406
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

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. 

Sep 20, 2024 04:41 AM
Rainmaker
330,594
Michael Elliott
Fathom Realty - Burlington Township, NJ
Burlington, New Jersey Residential Sales

This seems to occur on a weekly basis.   

Sep 19, 2024 11:47 AM
Ambassador
4,940,483
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

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.

Sep 20, 2024 06:06 AM
Rainmaker
2,282,327
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

(pause) ...

(more pause) ...

(still more pause) ...

Next question Michael Elliott ?

Sep 20, 2024 04:05 AM
Rainmaker
2,244,317
Michael J. Perry
Fathom Realty - Lancaster, PA
Lancaster, PA Relo Specialist

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

Sep 19, 2024 06:17 PM
Rainmaker
1,868,078
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

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.

Sep 20, 2024 06:33 AM
Rainmaker
5,166,763
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

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

 

Sep 19, 2024 05:26 PM
Rainmaker
1,645,671
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC • Short Sale • Probate

I guess the only spots where buyer commissions are gone are MLS and a listing agreement. 

Sep 22, 2024 09:01 PM
Rainmaker
919,013
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

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. 

Sep 22, 2024 09:07 AM
Rainmaker
1,533,714
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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.

Sep 21, 2024 07:54 AM
Rainmaker
5,238,257
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

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!

Sep 20, 2024 02:48 PM
Rainmaker
1,763,633
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

Commission rates are negotiable and always have been.

Sep 20, 2024 01:04 PM
Rainmaker
5,978,571
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We should avoid talking about getting paid!  We are back to being Secret Agents, and the thought of getting paid is a secret!

Sep 20, 2024 06:42 AM
Rainmaker
939,329
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

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.

 

Sep 23, 2024 06:56 AM