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The Department of Veterans Affairs (VA) has recently decided to implement a temporary fix to ensure that real estate agents can be compensated while representing active duty service members and veterans. This move comes in response to the National Association of Realtors (NAR) commission lawsuit and the changes NAR has put in place.
Current VA policy prohibits veterans from being charged a brokerage fee or commission when using a buyer’s agent to purchase a home with their VA loan benefit. However, under the new NAR rules, listing brokers will no longer be allowed to make blanket offers of cooperative compensation to buyer’s agents on the Multiple Listing Service (MLS). Additionally, buyers will be required to sign a buyer representation agreement outlining the amount they will pay their agent for their services. This practice puts veterans at a disadvantage, as they cannot currently pay for buyer representation compensation.
The VA is working on a patchwork solution until they can go through the standard rule-making process. According to the Mortgage Bankers Association (MBA), an answer is expected between now and June 12, prior to the implementation of this rule.
While the VA works on a solution, real estate agents and brokers can look to industry professionals like John Natale, a real estate agent from New Jersey, for practical solutions to navigate the buyer agent agreement process.
In other industry news, Keller Williams, a prominent real estate company, has faced challenges due to a decision to cut profit sharing for their agents. This move, which was made to offset the costs of lawsuit settlements and legal fees, has resulted in multiple class action lawsuits filed by Keller Williams agents. In response, the company has decided to walk back their profit sharing pay cuts. However, the damage to the relationship between the company and its agents may have already been done.
On the topic of housing affordability, data from the Federal Housing Finance Agency (FHFA) shows that home-buyer debt-to-income ratios have reached nearly 40% in 2023, surpassing the levels seen during the 2006-2009 housing bubble. While this may seem concerning, it’s important to remember that real estate has historically proven to be a resilient investment, consistently outperforming stocks, beating inflation, and providing shelter and memories.
From an origination business perspective, a temporary real estate downturn may actually present opportunities for growth. As the market adjusts, the demand for mortgage services is likely to increase, allowing originators to flourish.
In conclusion, the real estate industry is facing a number of challenges and changes, from the VA’s temporary solution for agent compensation to the ongoing legal battles at Keller Williams. However, by staying informed and adaptable, real estate professionals can navigate these obstacles and continue to provide valuable services to their clients. Despite concerns about housing affordability, the long-term outlook for real estate remains positive, and savvy investors and industry professionals stand to benefit from the inevitable market fluctuations.