Updates from Sally Shiekman
The New Real Estate Commission Structure: What You Need to Know
A successful lawsuit against the National Association of Realtors has shifted how commissions are represented in real estate purchase agreements. Here’s what you need to know.Commissions: Up for Discussion?
Real estate commissions have never been set in stone. Traditionally, these commissions were paid by the seller upon closing and were split between the buyer's and seller's brokers. Factors such as the property's price, market conditions, the level of service, marketing efforts, and the agent’s expertise have always played a role in negotiating these fees. The recent changes in commission structure further emphasize the importance of negotiation, making it even more crucial for buyers and sellers.
The New Commission Structure
While contracts in every state may differ, in Colorado, there is now a clause in the contract that indicates who will pay the buyer’s broker’s compensation and how much the buyer’s broker will be compensated. It’s still possible to negotiate that the seller pays the buyer’s broker’s commission. However, if the seller isn’t willing to compensate the buyer’s broker, this could affect buyers, especially those who can’t pay cash and need financing to purchase the property. If the buyer's broker's commission isn’t part of the deal and the buyer is obtaining financing, the buyer's broker’s commission cannot be rolled into the loan. As a result, buyers must come up with additional funds to pay their broker. This shift requires careful financial planning and a clear understanding of the transaction's nuances. For instance, negotiating a lower purchase price might allow buyers to cover their broker’s commission out-of-pocket, and cash offers that don’t require financing could streamline the process.
Why Sellers Should Still Pay Both Commissions
Despite these changes, there is still a strategic advantage for most sellers to continue covering both the seller’s and the buyer’s broker’s compensation. Why? Because doing so incentivizes buyer’s brokers to show the property, increases the buyer pool for the property, makes the property more appealing, eases the financial burden on buyers and increases the likelihood of a quick and smooth sale. In a competitive market, this can be a crucial factor in attracting top-notch buyers.
Covering both commissions also simplifies the transaction process, sparing buyers the need to secure extra funds. This convenience can be a significant advantage in a market where ease of transaction can make all the difference.
The Bottom Line
The new commission structure introduces new financial considerations. Buyers may now need to budget for their broker's compensation separately, which could impact their purchasing power. Despite these changes, paying both commissions remains a reassuring approach that benefits both buyers and sellers, providing stability and clarity in these evolving times.
Navigating this new era of real estate requires staying informed and adaptable. With the right approach, these changes can be managed to your advantage. I strongly recommend seeking professional advice to understand and navigate these changes entirely. If you or someone you know is looking to buy or sell real estate in Aspen, Snowmass, or the Roaring Fork Valley, please contact me at 970-948-7530 and let me put my Mountains of Experience to work for you.
Rooted in Aspen
Sally first discovered Aspen in 1970 and has been a full-time real estate professional here since 1992. A Philadelphia native and Syracuse University graduate, she raised her children in the Roaring Fork Valley and remains deeply connected to the community she serves—locally rooted, professionally seasoned, and trusted across generations.
Outside of work, she enjoys skiing, hiking, cycling, scuba diving, supporting her synagogue, and spending time with Aspen’s vibrant wellness and recovery community. She cherishes time with family and friends in the mountains she calls home and is known as a voracious lover of all genres of live music.
Sally first discovered Aspen in 1970 and has been a full-time real estate professional here since 1992. A Philadelphia native and Syracuse University graduate, she raised her children in the Roaring Fork Valley and remains deeply connected to the community she serves—locally rooted, professionally seasoned, and trusted across generations.
Outside of work, she enjoys skiing, hiking, cycling, scuba diving, supporting her synagogue and the area’s vibrant wellness and recovery communities, and cherishing time with family and friends in the mountains she calls home. She is also known as a voracious live music lover.
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