Dear Realtors,
We're reaching out with some recent updates and clarifications regarding the NAR lawsuit FAQs. These insights are crucial to understanding recent changes and how they may impact your business practices. Here's a breakdown:
Working with Buyers: The new guidelines emphasize the importance of written agreements when working with buyers, especially before touring a home. This includes any scenario where MLS participants provide brokerage services to a buyer, distinguishing between those actively assisting buyers and those merely marketing services.
State Laws: While the guidelines provide a framework, state laws may vary, potentially affecting the timing and specifics of written buyer agreements.
Touring Homes: Written agreements are now required before buyers tour a home for sale listed on the MLS. This applies to both physical and virtual tours.
Buyer Relationships: These agreements don't mandate a specific type of relationship or compensation structure, allowing for flexibility based on state laws and individual agreements.
Open Houses and Unrepresented Buyers: The requirement extends to all scenarios where MLS participants work with buyers, regardless of representation.
Dual Agency and Designated Agency: In dual agency and designated agency scenarios, where a single agent represents both the buyer and seller, written agreements with buyers are still necessary.
Compensation: Compensation remains negotiable, with no set limitations dictated by NAR. Both parties can agree on terms that suit their needs and comply with legal requirements.
Pre-MLS Policy Agreements: Active agreements entered before the MLS policy changes may need to be reviewed and possibly amended to ensure compliance with new guidelines.
We hope these insights shed light on recent developments and help navigate potential changes in your business practices. As always, feel free to reach out with any questions or concerns.
P.S. Stay tuned for more updates and insights to empower your real estate journey!
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