In March, the National Association of Realtors (NAR) reached a settlement agreement with a nationwide class of home sellers that filed antitrust lawsuits against NAR and some brokerage firms. As I understand it, the lawsuit alleged there was a lack of transparency in commission rates and that commissions were fixed as the MLS required all listing brokers to communicate an offer of compensation. NAR denies any wrongdoing and reached an agreement to end this litigation.

Without getting into the nitty gritty of it all, the end result required two changes in the way real estate is practiced. First, offers of buyer agent compensation can no longer be shown in the MLS. Second, agents working with buyers must have a written agreement outlining the duties and expectations of each party and how the buyer agent is getting paid for their services. Prior to this, only 18 states required written buyer agreements – NH being one.

The impacts? Buyers need to sign an agreement with their agent before touring properties (already required in NH for many years) and sellers may or may not offer concessions to pay the buyers agents. Buyers could potentially include seller concessions in their offer to pay their agent or pay their agent directly. For sellers, expect to pay your listing agents similar overall rates as before. There is also a likelihood that, in order to cover their cost to their buyer agent, buyers will propose concessions from the seller. Not offering compensation to buyer agents could reduce your pool of buyers. The industry is in a time of adjustment, but we all remain committed to protecting the interests of buyers and sellers.

Donna Forest M: 603-731-5151 donna@donnaforest.com Follow her on Facebook