NAR Settlement Fallout: Are Real Estate Commissions Actually Lower?

Following the landmark $418 million settlement involving the National Association of Realtors (NAR), concerns mounted about the potential collapse of real estate agent commissions. To understand the actual impact, AccountTECH, a leading accounting software provider, analyzed the data to uncover whether agent earnings have experienced significant declines. The findings may surprise you.

Despite early predictions of drastic changes to the real estate landscape, including fears among agents and brokers of needing to leave the industry, AccountTECH’s study reveals minimal to no changes in commission rates since the rule changes were implemented. This conclusion aligns with Mike DelPrete’s analysis of commission trends dating back to September 2023.

While these stable figures provide some reassurance, it’s important to note that the full effects may not yet be visible. Many transactions remain in progress, and the market requires more time to reflect the settlement’s long-term impact. For now, agents can take comfort in the absence of immediate income shocks.

Key Findings from the Data

The AccountTECH analysis highlighted a slight increase in the percentage earned by listing agents, while buyer agent commissions showed a marginal decline. Specifically, seller agent commissions averaged 2.738% within 60 days of the settlement, up from 2.724% in 2023—a change that researchers classified as within the bounds of normal market fluctuations.

Is It Premature to Draw Conclusions?

The true extent of the settlement’s impact will likely become clearer after the spring 2025 buying season. According to the study’s authors, if the current trend of a 0.05% monthly decline in buyer-side commissions persists, rates could drop to 2% by June 2025. The analysis drew from data across 625 real estate offices and over 17,000 buy-side transactions.

Insights for Real Estate Investors

Decline in Buy-Side Transactions

The study found a 10% year-over-year decline in buy-side transactions during the 60-day analysis period, despite only minor adjustments to commission rates. Researchers noted that broader economic factors, including interest rates and market conditions, might also play a role.

Commission Distribution Trends

A detailed breakdown of buy-side commission rates revealed that 3% was the most common rate, representing over 5,200 transactions, followed by 2.5% for 5,090 transactions, and 2% for 4,026 transactions.

Consistency with Broker and Agent Feedback

Feedback from agents and brokers corroborated the findings, with many professionals interviewed by BiggerPockets reporting no substantial revenue changes. Third-quarter earnings from brokerage firms also reflected minimal impact, aligning with AccountTECH’s findings.

Contrasting Perspectives

However, not all reports align. HousingWire reported that buyer agent commissions had dropped to 2.55% by early August, based on Redfin MLS data. While this suggests a decline, Redfin Chief Economist Daryl Fairweather noted that other factors, such as the competitive housing market during the pandemic and increased fee transparency, may also be influencing commission trends.

Potential Challenges Ahead

AccountTECH’s September 1 study highlighted potential risks for brokerages if commissions fall further. The analysis indicated that 79% of brokerages studied could face unprofitability if buyer-side commission rates dropped to 2% without operational adjustments. The report assumed static commission splits, consistent transaction volumes, and unchanged operating expenses.

Adapting to a Changing Industry

Although current data indicates little immediate disruption, the real estate industry is undergoing significant transformation. With the rise of social media and technology, consumers increasingly seek control over the homebuying process, often favoring direct transactions involving attorneys and title companies over traditional brokers.

To remain competitive, brokerages must adapt. By embracing technology, streamlining processes, and diversifying services, firms can continue to demonstrate value to clients. Modern agents, often doubling as social media influencers, must leverage these platforms to engage with clients and showcase their expertise.

Ultimately, the real estate market involves high stakes, and brokerages must emphasize their role in mitigating risks and ensuring smooth transactions. By offering a compelling value proposition, brokerages can justify commission costs and maintain their relevance in an evolving industry.

In the previous post: “Is Now a Better Time to Invest in Real Estate Debt or Equity?

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NAR Settlement Fallout: Are Real Estate Commissions Actually Lower?

Has the U.S. Housing Market Finally Begun to Thaw After the Pandemic?

It seems like the housing market might be showing signs of life. According to a recent report from Redfin, pending home sales in early October have seen their largest year-over-year rise since 2021, with a 2% increase in the four weeks ending October 6.

This news is likely to be welcomed by real estate investors who have felt the market has offered limited opportunities over the past few years. However, it’s important to take a cautious approach—one promising statistic doesn’t necessarily indicate a broader trend.

Is the Housing Market Truly Recovering?

Let’s explore the different factors at play.

Interest Rate Reductions: A Critical Factor or a Red Herring?

The Redfin report links the surge in pending sales to the Federal Reserve’s much-anticipated rate cut announcement in mid-September. According to Redfin, this announcement prompted buyers to re-enter the market in late September, despite mortgage rates having already been falling for weeks before the cut.

This psychological boost is crucial. Although buyers were aware of the falling rates beforehand, many seemed to be waiting for a formal signal to act. This could be attributed to a lingering fixation on the ultra-low rates of 3% to 4% that buyers enjoyed before 2022.

Any rate cut announcement serves as a nudge for prospective buyers, making them feel that now might be the right time to purchase, even if mortgage rates had been decreasing already. In an unstable mortgage market, such announcements hold significant influence.

However, mortgage rates are just one piece of the puzzle when analyzing housing market performance. As noted by Investopedia, the real estate market is driven by four primary factors: interest rates, demographics, economic conditions, and government policies.

Demographics: Shaping the Market

During the pandemic, demographic shifts had a profound effect on U.S. real estate, with major population movements like the Sunbelt migration fueling booms in cities such as Phoenix and Austin, which later became unaffordable for many.

Age is another key demographic factor, and the millennial generation’s pent-up demand continues to be a driving force behind the rise in home purchases. Despite the challenges of the past few years, millennials who have longed to become homeowners are now entering the market in greater numbers, as more properties become available.

Rising Inventory: A Sign of Stabilization

A key factor contributing to the market’s stabilization is the growth of housing inventory over the last year. The pandemic had a significant impact on the availability of homes, with sellers hesitant to list properties due to COVID-19 restrictions and, later, higher mortgage rates.

Some homeowners, particularly those upgrading to larger homes, found it financially challenging to sell and take on higher mortgages. Others, however, simply chose to wait for a more favorable market.

Although the latest Realtor.com report shows that inventory remains down by 23.2% compared to pre-pandemic levels, we are seeing an upward trend. For instance, new listings have been rising since last year, with a 5.7% year-over-year increase for the four weeks ending October 6.

As of September 2024, some states have even surpassed their pre-pandemic inventory levels, including Tennessee, Texas, and Idaho, with others, like Washington, close behind.

Vulnerabilities in Certain Regions

However, not all regions are showing positive signs. For example, some areas, particularly those affected by extreme weather, have seen inventory spikes not because of market recovery, but due to homeowners trying to offload damaged properties they can’t afford to repair.

For instance, regions like Florida and North Carolina, hit by hurricanes, have experienced increases in home listings, but these may reflect a response to climate-related challenges rather than market health.

Opportunities for Investors

Investors should be discerning when choosing markets, focusing on regions where inventory is growing due to increased home construction rather than climate-related distress. States like Idaho, Utah, North Carolina, and Texas, which are building new homes, offer potential, though caution is needed in areas prone to natural disasters.

The Midwest and Northeast, meanwhile, still face significant challenges in recovering to normal market conditions. These regions have lower rates of new construction, meaning inventory remains scarce, which could present both opportunities and difficulties for investors.

The Bottom Line

The U.S. housing market is showing signs of recovery, but the situation remains complex and varies by region. Interest rates play an essential role in unlocking the market, but investors should also consider other critical factors, such as homebuilding trends, climate risks, and government policies. While the market is heading in the right direction, it’s crucial to examine regional differences carefully before making investment decisions.

In the previous post: “Is Now a Better Time to Invest in Real Estate Debt or Equity?

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