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Ira Zlotowitz on the National Association of Realtors Settlement - What it means for you
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sh and I was asked by the Lakewood Scoop
to explain what happened on Friday with
the N the National Association of
Realtors settlement for $400 million and
how that affect everybody I'm sorry for
reporting this so late and doing this
video just that I was away for shabas
and I had to speak to different Brokers
I wanted to speak to first to get the
perspective on all different sides of
the coin so this way when I'm sharing
this information I'll be able to
sprinkle in different perspectives as
well so the simple
the the real change to read up you go
read up on it the National Association
of Realtors read up what you want what
the history is was it Justified was
there problem was this the fix to the
problem let's thr about really what the
core what changed up until now when
someone was selling a home they went to
a real estate broker let's call them a
listing agent and they went to the
listing agent and they typically paid
somewhere between a 4% if the price of
the house is very high up to 6% and
that's what they' agreed to pay the
listing broker would then post that
house on the on the MLS multiple listing
service or the Zillow of the world and
then they would post how much of their
commission they were willing to share
and then a buyer broker would be or a
buyer direct would Mo most cases a
buyer's broker would go online on behalf
of their buyers and try to find the
property for them and then they'll know
how much they're going to get paid so
ultimately who paid the buyers broker
was paid by the seller through the
listing broker now not necessarily it
have to be 50/50 split it could have
been that the listing broker was getting
a 6% commission and only promising 2%
sometimes they would fear they were
getting a 6% and splitting it and then
the allocation of work was between the
two of them today what's changed going
forward is that in theory that could
happen but they're not allowed to post
how much they're selling how much
they're paying the buyer's broker the
listing agent can't post it anymore but
more importantly and I see this every
time there's a change the real
fundamental change is that when a seller
is negotiating with a listing broker the
conversation is no longer what if I have
to pay the buyer no it's clear the
seller pays the selling broker listing
broker and the buyers pay the buyers
broker you have to realize this how
Works in Israel for example and in many
countries the seller pays the seller and
has the the the the selling broker and
has and the selling broker has the the
listing broker who the selling broker
has the best interest of a seller in
mind and the buyer's broker gets paid by
the buyer and they have their best
interest in mind so the biggest fear and
change is just change right now how is
this going to work who's going to
benefit from it so I just want to work
put through a few different sides of the
spectrum of where the industry thinks
it's going to be a pro and a con clearly
to the seller it's probably going to be
a win cuz right off the bat their
starting point is not going to be let's
go with 5% average they're not going to
be talking about paying 5% they're
paying 2 and a half% so if you take a
home the industry calls an average home
400,000 let's for the purpose here use a
million doll home if you want to say on
a higher end that's a $20,000 for year
$25,000 fee as opposed to a $4 or
$50,000 fee so right off the bat the
seller is going to save number one
number two is that the listing broker in
theory if you were a listing broker that
was just like sitting back getting a
listing and then posting the MLS and
make the buyers broker do all the work
and paying and you greedy that person is
losing out the most that for sure is an
issue but if you're a very good listing
broker then you're really fine you
should be able to make the same kind of
money some people think become a listing
broker is the key going forward it's
much easier just knock it out get those
listings and you make the money there
are other people saying no if you if
there's going to be now a discussion
about with a listing broker negotiating
for the to get the listing there's be a
lot more room for the industry to change
because people are going to say what
exactly am I paying you for to post them
the MLS I could post it myself what am I
going to pay you for you're not the one
bringing the buyer there's a buyer
broker bringing the buyer you're going
to just negotiate on my behalf I should
pay you a different type of fee so some
people think that's going to happen that
way and other people say think no it's
going to stay easy at 2 and a half% and
everyone's fine this is pure speculation
and it's very important for those of you
that know me from my G parency business
I'm a commercial mortgage broker so I
deal on the commercial side I appreciate
the commercial sales side and the
commercial Finance side I'm a huge huge
fan of paying a real estate broker to
sell you the sell a building sell a home
because the broker created the value
from scratch they created a price they
created a negotiation to create the
right buyer it's only in the mortgage
case where I believe there's a value to
a broker but potentially that value
should be capped there should be a
number of fixed number you pay a broker
so let's going back here on listing
broker that's the big debate who's going
to benefit as far as the listing broker
is it good for listing broker is a bad
if you are a broker now should you focus
on being a listing broker or better yet
be a buyers broker the negative and the
positive the buyers broker where I think
again the consumer the buyer is going to
win is now you're going to have Brokers
come to a buyer and really negotiate
with them and explain to them the value
they bringing to the table cuz the buyer
is paying so they're going to turn to
the buyer and say listen you're going to
have to pay me and let me tell you why
you should pay me and let me tell you
what I'm going to do for you so you're
going to see much more competition which
is a win for the the the consumer the
buyer is this good for a broker would a
broker have to work harder probably yes
but you know what I realized in all my
research even now when the lawsuit first
started and speaking about over the last
few years it was always the good Brokers
always felt that the that certain
Brokers able to squeeze their way in do
nothing and make money but a good
quality broker will always make money so
yes are there going to be many Brokers
leaving the industry CU they can't make
money in this new new world it's a
tougher world to make money in without a
DE
but those that are going to stay in this
industry I think are going to thrive but
here's the big talk that's talking about
as far as the buy side should you take a
buyer broker who's going to benefit so
some people say the more affluent people
appreciate it and they'll pay the buyers
broker the more affluent people more
knowledgeable they know how to negotiate
they don't even need a broker
potentially but they'll they'll they
won't lose out who's going to lose out
the first-time home buyer the person who
knows nothing the person who's knows
nothing about real estate business and
negotiation and what's going to happen
on the property they'll lose out because
many cases the first-time home buyer is
scraping together their 3 to 5% down
payment you have to tell them to put
another 3% on top so I happen to think
that that's not the case I believe that
what's going to end up happening is
become industry standard and people know
a buyer pays and a seller pays and I
believe that the banks Fanny May and
Freddy Mack or all lenders will end up
adjusting they will allow the buyer's
commission to be able to put in so let's
use an example so I could explain it
what they're trying to explain which is
a negative to first-time buyers
as is an issue as follows let's take the
house of a $400,000 house let's take the
commission of a 6% commission so until
now there was a $400,000 house where the
seller would pay 24,000 6% will pay the
the seller pay to the listing broker and
the listing broker will split that 12
24,000 12,000 to themselves and
potentially 12,000 to the buyer broker
the buyer bottom line got a mortgage
let's say it was 95% got a 95% mortgage
of the 400,000 everything is great
keeping the numbers round now the fair
is what's going to happen is is that the
seller is only paying 12% so in this
$400,000 house potentially potentially
potentially this house now is going to
go sell potentially there's a big debate
is it still going to sell for 400,000 or
now it's sell for
388 let's say you want to go with the
Assumption it's going to go for 388 now
the buyer is going to have to buy this
house and come up another $112,000 I
think what's going to happen is that the
buyer is going to be able to to be able
to put into the closing cost that they
have a closing course of 12,000 banks
are going to allow to be the same
400,000 they'll get 95% of 400,000 all
this is speculative what how it's going
to finally shake out history has always
shown when there's Clarity transparency
the consumer always wins so I believe
net net overall the consumers are going
to win the top tier Brokers are going to
be fine and maybe even Thrive because
they fail some the shake out in general
our Brokers net can be making less money
on a per transaction basis yes and they
can't have dual agency I think is
tougher it's a whole new LW they can't
get paid on both sides the loophole till
now was is that the seller was paying
and they could split the commission over
here now it's very clear that there's a
buy side and there's a sell side and the
buyer paying and the seller's paying so
how is that low going to shake out I do
not know but at least you have the
broader picture I hope this was clear
and I hope that it only came out in a
positive light I'm an internal Optimist
see a you know the cup see every a cup
half full and God willing that whatever
s of this coin you're on you will net be
able to make the money that you're
making and you're supposed to make God
runs the world and you have to do your
status you have to do your inputs and
he'll take care of the outputs best of
luck I'll I'll update more as it becomes
a little clearer it's the settlement was
done it's supposed to take effect
sometime in July have a wonderful week
and best of luck