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Understanding the NAR Lawsuit Settlement

What You Need to Know

In March 2024, in response to a pending lawsuit judgment against them, the National Association of REALTORS® released a set of proposed policy and practice changes that will reframe the relationship between real estate professionals and buyers. To be clear, the industry’s fiduciary commitment to the best interests of clients hasn’t changed, but the way agents and buyer clients formalize professional relationships will.

Changes to the Homebuying Experience

As a homebuyer, this proposed settlement means there will be some changes to your real estate experience:

1. Required Buyer Agreements

Prior to this settlement proposal, it was acceptable (though not widely practiced) for buyer’s agents to forge relatively informal, unwritten agreements with their clients regarding service. Following these proposed changes, buyers must sign a service agreement with a real estate professional in order to be shown homes. 

2. Buyer’s Agent Compensation

Prior to the proposed changes in the settlement, buyer’s agents were compensated via a cooperation agreement with the seller and seller’s agent facilitated by the multiple listing service. While this sort of cooperation is still allowed, the MLS is no longer allowed to coordinate it. Buyer’s agents will now be responsible for negotiating their own compensation with clients.

FAQ

As a homebuyer, these changes will require new, important conversations between you and your real estate professional. A buyer service agreement will formalize your agent’s fiduciary responsibility to you, further protecting your interests. It will allow the opportunity for real, transparent communication with your agent around compensation, offering you a clear understanding of the cost of services and how those services benefit you. 

These conversations will ultimately set buyers up for greater success in their transactions. More buyers will start the home search process with a clear understanding of their strategy, how their agent will support them, and what it will take to get to the closing table. 

Two major changes: First, compensation offers to buyer’s agents will no longer be displayed on the MLS, and the MLS won’t be allowed to facilitate commission cooperation between the buy and sell sides of transactions. Second, all buyers will be required to sign a buyer agreement with their agent outlining service terms, including commission requirements.

Yes. Luxury Presence has created a strategy guide for agents seeking advice on negotiating buy-side compensation. Get your copy of The Future of Buy-Side Compensation here

The best agents have shifted their thinking from the top line to the bottom line. They're obsessed with the client experience. They're taking action very quickly to level up the technology in their businesses because they understand it's the only way to deliver strong profitability and a world-class client experience.

How I Work with Buyers

As my client, you can expect nothing but the highest level of service and counsel. I take my fiduciary commitment to you extremely seriously and believe that the best way to advocate for your best interests is through preparation. For each property my clients consider, I create a complete set of market research, potential pricing and offer strategies, contract negotiation tactics, and more. 

Before the NAR lawsuit settlement proposal, some buyer’s agents were able to get away with doing the bare minimum. Thanks to assumed cooperation with the seller, they might get paid for simply showing up, unlocking doors, and pushing papers.  While that was never my approach, it is now no longer the world we live in. As my client, you can rest assured that I will provide you with expert-level service and advice throughout our professional relationship.
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Available 24/7! knows the Oxford area better than anyone in town! My wife and I had trouble making up our minds and Chris was very helpful in letting us know all the pros and cons of each home which helped ease our minds tremendously.

— Bradley S.

WHAT OUR CLIENTS SAY

Chris was very patient with me as I searched for the right house for my husband and me. My husband’s illness forced me to make the decision on my own and Chris was extremely attentive to my needs. My husband is happy and we are settling into our new life in Oxford. Thank you, Chris, for continuing to check on us.

— Buyer

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We were extremely fortunate to have Sarah Hamilton as our real estate professional. Moving from one state to another can be a daunting challenge but Sarah was tremendous in helping to make it a seamless move. Sarah was extremely proactive in helping us to locate our home as well as facilitating all of the actions locally prior to closing. We couldn't have had a better agent than Sarah! She is not only our real estate professional but has become a dear friend as well. We highly recommend her to anyone in need of a top professional.

— Stephen C.

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Sarah Hamilton is a tremendous real estate professional and was a true blessing for our family. We moved from Texas to Mississippi and she helped us through the entire process. She treated as family versus a customer and we sincerely appreciated her genuine kindness and professionalism. Sarah made our move easy and seamless. We highly recommend her for anyone seeking to buy or sell a home.

— Campbell

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I highly recommend Sarah Hamilton to anyone who is looking for a hardworking advocate only interested in what you want. She listened well and made sure she understood exactly what we were looking for. Then, without pressure, she quickly began searching for and exploring our options with us. She is highly knowledgeable in and around the Oxford market and has developed many positive relationships with industry insiders. She was always available to us and continued advocating for us beyond what we initially expected from her. She's kind, humble, professional, and very easy to talk with. She made us feel comfortable from day 1 and her approach with us remained extremely consistent throughout the lengthy process of building a new home. Again, I cannot recommend Sarah with more confidence than this, she was a true joy to work with.

— Drew

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Oxford, Mississippi has a glut of real estate agents, and Wil Matthews manages to separate himself from the pack. Unlike most agents, Wil is a long-time Oxonian, as is his mother. You cannot duplicate that type of experience and knowledge. But, in spite of being the authority on the area, Wil is a low-pressure, straightforward agent. He is going to fight as hard as possible for you to win what you want, but he's not going to fight you to do what he wants. He has all the knowledge. none of the pressure. and all the integrity you could ever desire in a realtor. I unequivocally recommend Wil for any real estate needs and use him just as often and as consistently myself.

— P. Baker

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Vast knowledge of Oxford. Familiar with all Oxford neighborhoods if you're looking for residential, well skilled in commercial land development whether it be future or existing trade areas. Knows true property values and will not advise purchase of overinflated inflated prices to benefit himself. I have benefited from his knowledge for residential and commercial property. Great integrity.

— Travlos

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I have worked with Wil a lot over the past few years. If you need a house, a rental, land or whatever, he's your guy. No one knows this area better that he does; and he knows everybody.

— Mohammad A.

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I can only speak of Cherie's character and expertise of the Oxford market. She is someone I can trust 100% to take care of us. She has helped me buy property in Oxford and helped my family with several purchases and sells over the past 20+ years. She is an amazing resource because she knows the Oxford and Lafayette County market inside and out.

— Buyer

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My wonderful experience with Cherie Matthews was several years ago when my husband and I decided to move to a quieter area. We had lived in town for 32 years and wanted a calmer atmosphere. Searching through our area we found a house we wanted to check on. We knew of Cherie Matthews work and called her to privately check on this house for us and to set up a visit. She promptly did her homework and within 24 hours we were looking at this house. We also asked her about other homes listed in our area. A day was set up to visit each of these, including the first home for a second visit. We chose the first house, and Cherie helped us get the inspection going, contacting the other realtor representing the seller, and answered all our questions without delay. Within a short time a contract was signed and the house was ours. She also went that extra mile to help us find painters and others who assisted us in making some cosmetic changes to suit our style. I highly recommend Cherie Matthews to help you with your Real Estate needs. You won't be disappointed.

— Buyer