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Real estate commissions are negotiable, no matter what any lawsuit says

(FINANCE) An anti-trust lawsuit against major players in the residential real estate industry sheds light on misinformation and misunderstandings about commissions – when you’re buying or selling a home, you’re in the driver’s seat. Negotiate!

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Minnesota home seller, Christopher Moehrl, has filed an class action anti-trust lawsuit [in April], alleging a “conspiracy” to price fix broker compensation in the 2.5-3% range, naming the National Association of Realtors (NAR), Realogy, HomeServices of America, RE/MAX, and Keller Williams (with more to be named, inevitably).

The complaint intimates that by requiring brokers to offer buyer broker compensation when listing a property on the MLS, fees are “fixed” and inflated, violating anti-trust laws. In short, they believe buyer’s agents shouldn’t be paid because buyers can find their home online now.

The class action suit claims that because the seller has to pay the buyer’s agent, commissions are inflated. The truth is that although it is NAR’s rule to require compensation, it could be as little as one cent, and Associations support all compensation models (flat-fee, discount, rebates, traditional 3% per side, and even higher on luxury listings).

Let’s take a look at some of the court documents directly:

8. Defendants’ conspiracy has kept buyer broker commissions in the 2.5 to 3.0 percent range for many years despite the diminishing role of buyer brokers.

This point continues to outline how buyers agents are essentially useless in an era where homebuyers have direct access to listings and can find their own home online. That claim is similar to claims made by anti-Realtor bloggers in the early 2000s, and is wildly uninformed. All agents, no matter which side they represent have a fiduciary duty to their client, negotiate on their behalf, and walk them through (and oversee) a complex financial process.

Beyond that, buyer’s agents are often the person that has to inform a buyer that their dream home they found on Zillow (or other sites that use non-MLS data) actually sold several days ago, or was not real to begin with.

They’re the individuals that have to not only be educated on real estate law and contracts, lending options and processes, but be experts in a certain geographical area and be informed of architectural styles, smart home features, green home features, and so on.

The indication that a buyers agent’s sole value is to pair a homebuyer with a home is ludicrous and objectively false.

17. In that sales transaction, Mr. Moehrl was represented by a RE/MAX franchisee, and the buyer was represented by a Keller Williams franchisee. As part of the sales transaction, Mr. Moehrl paid a total broker commission of six percent, and 2.7 percentage points of the six percentage points were paid to the buyer broker.

It is important to note that it is not illegal to buy or sell a home without representation. It happens every day across this nation. If there was a legal requirement to hire a real estate professional, this lawsuit might have merit. But there is not.

Further, the fact that the buyer broker was only given 2.7 percent indicates that Moehrl negotiated against the supposed 3.0 percent standard the lawsuit is so aggressively fighting against.

Obviously this home seller knew he could negotiate commissions.

Not only did the Plaintiff not have to hire a Realtor, he didn’t have to allow any negotiation of the compensation, given that the buyer side earned 2.7 percent, and his own Realtor earned 3.3 percent.

38. As required by the Buyer Broker Commission Rule, the seller broker makes a blanket, non-negotiable offer of a three percent commission to the buyer’s broker when it lists the home on the local MLS.

The Plaintiff’s attorneys have clearly not done any homework. Compensation is required, that is factual, but there are no bylaws that dictate the amount. It can be as little as one cent. Or as high as 100%, it is all negotiable. All of it.

63. For years, buyer broker commissions have remained steady at two-and-a-half to three percent in the areas in which the Covered MLSs operate despite both an increase in home prices (increasing the dollar amount of the commission) and the diminishing role of buyer brokers described above.

NAR does not track or store broker commission data, and while brokerages individually do, they don’t uniformly or openly share that information with any competing brokers. There is no conspiracy regarding commissions.

The responsibilities of a buyer broker have actually increased over time, not diminished. Ask a broker in 1980 if they had to be well versed in modern marketing, social media strategies, analytics, paperless contract technologies, know the privacy laws regarding the collection and dissemination of information online, and so forth.

To repeatedly argue that anything other than market conditions have determined commission levels is dead wrong. In fact, some would argue that commissions on both sides of the transaction should be higher (and therefore, some brokerages offer services at higher commission levels than 3%).

The takeaway is that all commissions in real estate are negotiable, it’s not a legal requirement to hire a real estate professional when buying or selling a home, and that buyer agent responsibilities and values have actually increased over time.

Anyone in America who doesn’t like a Realtor’s services offered at a specific commission level can negotiate or hire a different Realtor – there is no conspiracy here. This lawsuit has a variety of factually inaccurate statements regarding commissions, and is laughable.

This story was first published in April of 2019.

Lani is the Chief Operating Officer at The American Genius - she has co-authored a book, co-founded BASHH and Austin Digital Jobs, and is a seasoned business writer and editorialist with a penchant for the irreverent.

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2 Comments

2 Comments

  1. Kyle Kopytchak

    July 4, 2020 at 11:44 am

    Great article!

  2. Pingback: REX anti-trust lawsuit accuses Zillow, NAR of being in a 'cartel'

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How to stop reeking of desperation when you job hunt

(CAREER) Hunting for a job can come with infinite pressures and rejection, sometimes you just want it to be over – here’s how to avoid reeking of desperation.

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Whether you were one of the millions of people who quit their job this year in The Great Resignation or you’ve been unemployed since the pandemic began, when you’re looking for work, it can feel hopeless after a while. Just like that student in class who raises their hand at every question, you don’t want to come across as desperate, “pick me, pick me!” Money might be tight. You want to be eager, but you don’t want to be so anxious that you sabotage your job search.

Right now, job seekers have the upper hand, but you want to show off your skills and professionalism, not your neediness.

5 ways you come across as overly desperate for a job:

  1. Applying for multiple positions at the same company. Employers want you to be a fit for a particular job. Instead, tell the hiring manager that you’re open to other positions that might be a good fit.
  2. Checking in with the hiring manager too much. Follow up after an interview, but don’t keep checking in. If they have news, they’ll share it.
  3. Talking about how much you need a job. Don’t bring up your personal issues in an interview. Stay focused on why you are the best person for the job.
  4. Being willing to accept any offer. You should negotiate and go to bat for yourself when you get an offer. Explain why you’re worth more money because you probably are.
  5. Forgetting to ask questions about the bigger picture. You don’t want to be so eager to impress that you don’t think about the company culture and perks. You might be desperate, but getting into a job that doesn’t fit your needs and personality won’t help your situation.

Desperation can make you appear to be in the clearance bin at the store. Sure, you may get something for a great price, but will you actually be able to fully use it when you get it home? As a job seeker, you want to be the premium brand on the shelf. Maybe not every buyer (employer) can appreciate you or even afford you, but when the right one comes along, it’s a good fit.

Employers want team members who will be assets for their company. Your job search needs to start with a strong resume and impressive cover letter. Instead of going for quantity, choose job openings for quality, where you can bring something to the table for the company.

Ask a Manager’s Alison Green has some great resources for getting a job, including a free guide to preparing for interviews. Practice interviewing. Make a great first impression. Know that there is a job out there for you.

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Study: Employers are inadvertently punishing women that suffer from Endo

(BUSINESS NEWS) A new study reveals the widespread impact of Endo (Endometriosis) in the workforce as well as the entire economy. Change must be made. Quickly.

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Women still face many barriers in their career. It’s been more than half a century since federal law addressed gender discrimination in the workplace, but it still occurs. Whether it’s lack of access to training, an inability to speak up, or pay inequality, it’s all wrong. Sadly, a new study identifies another potential barrier to a woman’s career path – endometriosis.

What is endometriosis?

The Office on Women’s Health (OWH) reports that “endometriosis happens when tissue similar to the lining of the uterus (womb) grows outside the uterus.”

Endo, as its often called, causes varying levels of pain, often chronic pain in the lower back and pelvis. The tissue outside the uterus grows in areas where it can cause even more problems by blocking fallopian tubes and forming scar tissue. There is no cure, but there are some treatment options that can work.

Endo affects about 11% of American women who are ages 15 to 44. Despite the fact that the American Journal of Obstetrics & Gynecology describes endometriosis as “nothing short of a public health emergency,” data suggests that about 60% of endo cases go undiagnosed.

I repeat: 60% of endo cases go undiagnosed.

More than 6 million American women are living with the symptoms of endo without knowing the cause or having the capability to manage their symptoms.

Endometriosis was once considered a career woman’s disease, but a two-year-long study from Finland shows that the disease shapes a woman’s career, not the other way around.

Women with endo take 10 or more sick days than women without endo. They also use more disability days. Other studies support these findings. A 2011 analysis reported that women with endo could lose almost 11 hours of work each week because their endo made it difficult to complete tasks. One US study estimated that women with endo experience more sick days each year, up to 20.

These women often have a lower annual salary and slower salary growth.

How can employers address endometriosis in the workplace?

It’s difficult enough to discuss any type of health problem at work, let alone one that relates to menstruation. Employers have a big problem just dealing with short-term illnesses. It’s hard when a key employee is out for one or two weeks from a surgery. Long-term chronic illnesses, especially those that are invisible, are challenging in the workplace.

Most workplace cultures aren’t designed for people with chronic conditions or disabilities.

It’s going to take a major shift in thinking to deal with endometriosis in the workplace.

Endo isn’t painful period cramps. It’s a serious condition without a cure. Employees who are dealing with endo may be battling intense pain or fatigue. Yes, work needs to get done, but when people are living with a chronic condition, they need accommodations.

Endometriosis may be a woman’s disease, but it does impact the entire economy. One study found that endo had a similar economic burden to that of heart disease or diabetes. Most employers would not think twice about a man who needed extra time to deal with coronary disease, but women often don’t get that consideration, regardless of the condition.

Women with endo aren’t incapable or shirking their duties. They may just need to deal with their pain to stay focused at work. Let’s drop the stigma and help accommodate women who deal with endo.

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Business News

Everyone should have an interview escape plan

(BUSINESS NEWS) A job interview should be a place to ask about qualifications but sometimes things can go south – here’s how to escape when they do.

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interview from hell

“So, why did you move from Utah to Austin?” the interviewer asked over the phone.

The question felt a little out of place in the job interview, but I gave my standard answer about wanting a fresh scene. I’d just graduated college and was looking to break into the Austin market. But the interviewer wasn’t done.

“But why Austin?” he insisted, “There can’t be that many Mormons here.”

My stomach curled. This was a job interview – I’d expected to discuss my qualifications for the position and express my interest in the company. Instead, I began to answer more and more invasive questions about my personal life and religion. The whole ordeal left me very uncomfortable, but because I was young and desperate, I put up with it. In fact, I even went back for a second interview!

At the time, I thought I had to put up with that sort of treatment. Only recently have I realized that the interview was extremely unprofessional and it wasn’t something I should have felt obligated to endure.

And I’m not the only one with a bad interview story. Slate ran an article sharing others’ terrible experiences, which ranged from having their purse inspected to being trapped in a 45 minute presentation! No doubt, this is just the tip of the iceberg when it comes to mistreatment by potential employers.

So, why do we put up with it?

Well, sometimes people just don’t know better. Maybe, like I was, they’re young or inexperienced. In these cases, these sorts of situations seem like they could just be the norm. There’s also the obvious power dynamic: you might need a job, but the potential employers probably don’t need you.

While there might be times you have to grit your teeth and bear it, it’s also worth remembering that a bad interview scenario often means bad working conditions later on down the line. After all, if your employers don’t respect you during the interview stage, it’s likely the disrespect will continue when you’re hired.

Once you’ve identified an interview is bad news, though, how do you walk out? Politely. As tempting as it is to make a scene, you probably don’t want to go burning bridges. Instead, excuse yourself by thanking your interviewers, wishing them well and asserting that you have realized the business wouldn’t be a good fit.

Your time, as well as your comfort, are important! If your gut is telling you something is wrong, it probably is. It isn’t easy, but if a job interview is crossing the line, you’re well within your rights to leave. Better to cut your losses early.

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