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CNN One Thing

You’ve been overwhelmed with headlines all week – what's worth a closer look??One Thing?takes you into the story and helps you make sense of the news everyone's been talking about. Every Wednesday and Sunday, host David Rind interviews one of CNN’s world-class reporters to tell us what they've found – and why it matters. From the team behind?CNN 5 Things.

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What The Realtor Rule Changes Mean for You
CNN One Thing
Aug 25, 2024

A series of new rules have gone into effect that overhaul the way Realtors get paid to help people buy and sell their homes. In this episode, we’ll explain what prospective homebuyers and sellers need to know – and why some Realtors are worried the changes could prompt their colleagues to leave the industry.?

Guest: Samantha Delouya, CNN Business Writer

Episode Transcript
David Rind
00:00:03
At the Democratic National Convention in Chicago on Thursday, Vice President Kamala Harris laid out some of her plans if she wins the presidency. Not a ton of specifics here. It was mostly emotion and vibes up there on stage. But one thing she did mention involved housing.
Vice President Kamala Harris
00:00:20
We will end america's housing shortage.
David Rind
00:00:26
Again, that's a huge promise with very, very little meat on the bone. But whatever the fix may be, the problem is undeniable. This key part of the American dream has become more and more unaffordable for so many, especially first time homebuyers and minority groups.
Wolf Blitzer
00:00:45
New rules are shaking up the real estate industry in the US. Starting tomorrow, these rules will change how realtors get paid.
David Rind
00:00:52
And so what happens when the rules for how you go about buying and selling a home get turned upside down? My guest is CNN business writer Samantha Delouya. We're going to talk about what you should know about these new rules, and why the ultimate impact of them is still open to interpretation from CNN, this is One Thing. And David Rind.
David Rind
00:01:24
Sam. Long time listeners of this podcast may have picked up on the fact that my wife, Angie, who was a whole human being in her own right, and I are looking to buy a house, but we've kind of been in this waiting game to try to figure out when the best time is going to be, when the best market conditions are. And I don't say this, I don't want anybody to, like, shed any tears for me. But I know so many Americans out there are dealing with the same kind of thing. So I guess my question is when is it going to be easier to buy a house?
Samantha Delouya
00:01:52
Yeah, David, the US housing market is in a pretty tough spot right now. Home prices are at record highs. There's a lack of inventory, and mortgage rates are at elevated levels by recent historical standards. There is good news, which is that mortgage rates are falling this summer, as more people expect the Federal Reserve to cut interest rates in September in its fight against inflation. But lower mortgage rates could translate to lower monthly payments for new home buyers. But it could also be a double edged sword. Lower mortgage rates encourage more potential homebuyers to come off the sidelines and into the market, and they could flood the market, creating more competition for the houses that are currently on sale.
David Rind
00:02:37
So there'd be more competition and more rush for houses, and bids could go up, and you just get into a situation where there's just a lot of people looking all at once.
Samantha Delouya
00:02:46
Exactly. And that could drive the price of homes even higher. So that's a concern that many economists have right now. And to top it off, there are these new rules that went into effect last week that kind of throw a wrench into the whole homebuying process for many people.
David Rind
00:03:03
Yeah, that's really kind of why I wanted to have you on, because I've been hearing about these rules. Realtors are freaking out. So can you just explain, like what's going on here?
Samantha Delouya
00:03:11
Yeah. So there's a new set of rules that went into effect on August 17th. They affect the members of the National Association of Realtors. That's this powerful real estate trade group and lobbying group, that counts 1.5 million real estate professionals as members. If you've worked with a realtor before, odds are they're a member of this organization. And fun fact for you, Na, which is how most people call them, is so powerful that they trademarked the word realtor. And that's why you have to capitalize the R when you write it out.
David Rind
00:03:44
What do you have to capitalize the R?
Samantha Delouya
00:03:46
Yeah, no, they they own the realtor award. And yeah, these new rules are designed to transform the way realtors get paid and who pays them.
David Rind
00:03:54
Okay, so take me back. How did these rules that you talked about, how did they used to work?
Samantha Delouya
00:04:01
Yeah. So the old way of doing things before August 17th was that when you bought a home, you didn't directly pay the realtor who helped you? Actually, that fee was paid by a home seller. The seller traditionally paid a commission, usually around 5 or 6% of the home selling price, and it was split between their own realtor and the realtor representing a home's buyer. That offer of commission sharing was posted on these databases that realtors use to look up homes for sale. And critics basically accused buyer's agents of hunting for homes on these listing databases that paid them the most commission instead of showing their clients homes. That would be the best for them.
David Rind
00:04:43
Because this number was publicly visible, they could look around and say, hey, oh, that one might make me a lot of money.
Samantha Delouya
00:04:49
Exactly. So that was the accusation, which of course Nar denies. But this new rule attempts to eliminate it altogether. Gotcha. But there's another rule that's important. This one specifically impacts the relationship between home buyers and their realtors. From now on, home buyers will have to sign a legally binding representation agreement with a realtor before they can even tour a house together. This agreement has to make clear how much that realtor is going to get paid for the transaction. It also has to make clear that that payment is negotiable. And it says that if a seller chooses not to offer compensation to a buyer's agent, the buyer themselves will now be on the hook for that payment. So that's a big change.
David Rind
00:05:40
So this is potentially a lot of money that the buyer might be on the hook for that they weren't in the past, but you're saying that it can be negotiated. Kind of like when you go to buy a car, you kind of haggle down the price.
Samantha Delouya
00:05:51
Exactly. That's the hope of these changes. Experts say that the 5 to 6% commission paid out to realtors was artificially high. And these changes should bring that down. Yeah. So it should eventually bring down the cost of using a realtor. At least that's what experts say. But of course, it's pretty unclear how long this will take. Many critics of the rule say that the changes could actually hurt homebuyers, who may now obviously be on the hook to pay their own realtor out of pocket. But the proponents of the rule say that under the old way of doing things, buyers didn't actually get the services of a realtor for free because sellers would bake that commission into a home's listing price, inflating home prices across the country.
David Rind
00:06:37
So just because they didn't, like, see, an IOU from their own realtor, it was still money that they were going to pay one way or the other.
Samantha Delouya
00:06:45
Exactly. Buyers were the ones bringing money to the table at the at closing, not the sellers. So all the money that was being paid in the end really did come from the buyer's pocket, even if they didn't realize that part of it was going to their realtor. Buyers now have to know how their realtors are getting paid and they have the freedom to negotiate, which is something Nar said that they always had. But many critics said that buyers didn't realize that they had that freedom.
David Rind
00:07:26
So obviously this could be a big change for buyers depending on how they kind of hash it out with their realtors. How is this impacting the Realtors themselves?
Samantha Delouya
00:07:36
Yeah, so the realtors are the ones that are feeling the real immediate pain here. They are right now scrambling to kind of adjust to what could end up being the biggest change to their industry, maybe in their entire careers.
Mary Schumann
00:07:50
We did not know what this would, how this would impact our business and what it would mean for how we work our clients and all of that kind of thing. So, you know, it's just like certainty.
Samantha Delouya
00:08:03
Some tell me that they fear that they'll have trouble getting some home buyers to sign these legally binding agreements, especially if home buyers, you know, speak to friends. And their friends say that, you know, a few months ago, I didn't have to sign that. That's going to be confusing to people touring homes. And it's going to be the realtors job to make the case to the home buyer that you should sign this with me and this is how much I should get paid.
David Rind
00:08:26
So like the word of mouth is kind of negative from the jump.
Samantha Delouya
00:08:29
Exactly. And you know, over time that could get easier, obviously, as word of these new rules spreads.
Leo Pareja
00:08:37
We are obsessively putting out as much content and education on every platform you can imagine internally and to the industry, because I think this is an education exercise. Right.
Samantha Delouya
00:08:48
And and there is some, you know, home buyers and sellers who do kind of know that these rules are out there, but they're very confusing. And so it's now up to the realtor to kind of explain, you know, these are what these rules are. And also this is my value proposition. This is why you should pay me. And, you know, a lot of people are predicting that younger or more inexperienced agents may have a pretty tough time convincing home buyers that their services are worth, you know, that 2% or 3% of their homes purchase price, which is what they were getting in the past when they would share that commission with a seller's agent. Think about that for a second. For a $500,000 home, that might mean that a home buyer has to cough up an extra $15,000 to pay their realtor. That could be a pretty tough sell.
Emily McAllister
00:09:37
So I've not been super concerned. I know there are a lot of agents that are, you know, have large fears that this is going to really, like, drastically change the way that we do business. And I think.
Samantha Delouya
00:09:52
I spoke to some younger realtors, and they said that they think that it's a tough industry. They've seen people drop out all the time. There are these estimations that, you know, a big portion of realtors drop out in the first two years of the business anyway, because it is so competitive and so tough. These younger realtors say that they're not concerned. They think that if they continue to push in their top performers, they'll make it. But they do think that other people will drop out.
Emily McAllister
00:10:21
And I think new agents in general will have a hard time breaking into the market, not just, you know, necessarily from the consumer side, but on the agents. And also the whole concept of the MLS was built off of cooperating with other agents. And if you're in a position where now you have to advocate your value, not necessarily just to your client, but to the cooperating agent to justify that you're worth paying a commission to, that's, you know, double the challenge.
Samantha Delouya
00:10:52
So basically, everyone I've spoken to said they think some people will drop out, but not them. So it'll be interesting to kind of see how this plays out.
David Rind
00:11:03
Well, yeah, that's what I wanted to ask. So these rules have kind of been in place for a week now. How is it actually looked in practice?
Samantha Delouya
00:11:10
So it's been a few days so far and there's definitely still confusion out there. Realtors are still struggling to explain to home buyers and sellers what these changes actually mean. They're still adjusting to, you know, how much commission they should be asking for these from these home buyers, especially because whatever commission they sign that agreement saying that they're going to get paid, they cannot get paid more at the end, even if a seller is willing to pay them more money, which is a little bit confusing, but it basically is designed to prevent realtors from steering home buyers to homes that will pay them the most.
David Rind
00:11:44
That's interesting. So you're saying a seller might be motivated to say, hey, I'll chip in a little bit more at the end if we can get this done. But you're saying under these new rules, the the realtor can't accept that?
Samantha Delouya
00:11:55
Exactly. So if a realtor proposes to a home buyer, hey, I get paid 2% of the home sales price at the end. And if a seller doesn't agree to pay it, you're going to be on the hook for that. The buyer might negotiate that down. Oh, I don't feel comfortable paying 2%. Maybe. Can you take 1.5? Now the realtor is locked in to 1.5%. Even if the seller does ultimately agree to pay that 2% or even 3%, the realtor cannot accept that money. So far, I've spoken to Realtors who say that so far, most sellers are still willing to pay out the buyer's side of the commission, meaning that in the first few days, the initial aftermath of these rules going into effect, it hasn't been so drastic of a change just yet. There are some people who are taking advantage of this moment to offer more creative real estate services. I know of at least one new platform that launched this week offering lower cost, flat fee real estate services in an attempt to appeal to people who might not want to pay that percentage commission anymore. Hmhm. Overall, though, it's still early days, the changes are still making their way through the housing market, so we don't fully yet know how much of an effect that they're actually going to have.
David Rind
00:13:12
Yeah. And interesting new moment here, Sam, thanks for explaining it for us.
Samantha Delouya
00:13:16
Thank you.
David Rind
00:13:26
One thing is a production of CNN Audio. This episode was produced by Paola Ortiz and me, David Rind. Our senior producers are Felicia Patinkin and Faiz Jamil. Matt Dempsey is our production manager. Dan Dzula is our technical director. And Steve Lickteig, is the executive producer of CNN Audio. We get support from Haley Thomas, Alex Manasseri, Robert Mathers, John Dianora Leni Steinhart, Jamus Andrest, Nichole Pesaru, and Lisa Namerow. Special thanks to Wendy Brundage and Katie Hinman. I say this a lot, but if you like the show, just leave us a rating and a review on Apple Podcasts. Drop me a line on social media. I'd love to hear from you, and we'll be back on Wednesday with another episode. I will talk to you then.