Latest / The Real Estate Agent Playbook / Game-Changer or Game Over? eXp Realty Ends Buyer Broker Compensation
Transcript
- 0:00the real state industries of the crossroads
- 0:02everything's changing and my brokerage
- 0:04EXP Realty just came out and said
- 0:06they are no longer going to be offering broker
- 0:08broker compensation at this critical time
- 0:11it's important that we understand
- 0:14the impact that this decision
- 0:16could have on your business
- 0:17whether you're an EXP realty agent
- 0:20or you are looking to purchase a home
- 0:23that is listed by an EXP realty agent stay tuned
- 0:31what's up guys
- 0:31Jeremy Kane real estate agent playbook
- 0:33it is August the time has come
- 0:35the NAR lawsuits are coming down
- 0:37I am here to help you navigate and hopefully
- 0:41eventually move past what we have to do to change
- 0:44and start to give you
- 0:45ideas on how it can be a game changer in your business
- 0:49so if you like what you hear today
- 0:50please like comment
- 0:52subscribe stay in touch
- 0:54if you are on the podcast
- 0:56let me know you're over there
- 0:57it's a little bit different platform
- 0:59but throw me a review and definitely
- 1:01share any of this content across all platforms
- 1:03with your favorite real estate agent
- 1:05so let's get down to it
- 1:07EXP came out in a bold move and just said look
- 1:11we're no longer going to offer broker
- 1:13to broker compensation this is a shock
- 1:16it's scary and ultimately
- 1:19when you step back and think about it
- 1:21there is still an opportunity for the
- 1:24seller to pay a buyer's agent
- 1:26and compensate them
- 1:27based on where we're at in this settlement
- 1:30if you're me I'm not sure that that is
- 1:33you know sign seal delivered
- 1:35but that's what we're going with right now
- 1:36at this juncture
- 1:38not having the final DOJ settlement and ruling
- 1:41and all of that clear
- 1:43but with that said
- 1:44when you step back and you look at the lawsuit
- 1:46and where it came from
- 1:48it was exactly from that the lack of transparency hey
- 1:53I'm gonna charge you x percent
- 1:55and I'm gonna give you why percent to the buyers agent
- 1:58our contracts in Colorado have said that
- 2:00so it was a little more transparent
- 2:02but it was still hey
- 2:03this is what I'm paying you
- 2:04and now
- 2:05you're gonna take some of that and pay somebody else
- 2:09at the end of the day
- 2:10the seller wanted the opportunity to
- 2:13you know dictate how much they're going to offer
- 2:16another agent to represent a buyer uh
- 2:20you know essentially against them
- 2:22which we're not gonna go there
- 2:24there's absolutely a ton of reasons why it's positive
- 2:27for a seller to
- 2:29have a buyers agent on the other side
- 2:31but that's not what this one's about
- 2:33so when you really step back and look at it like
- 2:34okay well
- 2:36EXP didn't eliminate the buyers agent compensation
- 2:39right they didn't do that
- 2:41they just said that
- 2:42the seller is now going to be responsible
- 2:45for paying that
- 2:46it'll still be on
- 2:47the settlement statements in Colorado
- 2:48and you know however you
- 2:50you know do your stuff in your state
- 2:52that's that's completely irrelevant at this point
- 2:55but the the brokerage is no longer going to pay
- 2:59the other brokerage in some sort of
- 3:01back roads agreement or backdoor deal
- 3:04it's got to be more transparent
- 3:06and so with it with that said
- 3:08if you really step back and think about it
- 3:10is the DOJ just gonna be like okay yeah
- 3:13it can't be on there my last
- 3:14but it can be plastered all over the internet
- 3:16it can be on the signwriters
- 3:17it can be on your
- 3:18your secret website that you're creating
- 3:20that you're in charge memberships to
- 3:21like ultimately
- 3:23are we just kicking the can down the road
- 3:25or are we actually here to solve this problem
- 3:28and I believe that that's what EXP has done truthfully
- 3:31I believe that many
- 3:32other brokerages will follow in this footstep
- 3:35and at the end of the day
- 3:37once this all shakes out I believe
- 3:38this is going to be a way
- 3:40that we are operating business wise
- 3:42moving forward and so why not just go do it
- 3:46what better way to change your business right now
- 3:49than saying hey
- 3:50there was this lawsuit
- 3:50we got these workarounds and so on
- 3:52we'll talk about workarounds in a second
- 3:54but just to go full in and be fully transparent
- 3:57and give the DOJ the consumer
- 3:59everything
- 4:00in the transparency that the lawsuit was seeking
- 4:03as it started but furthermore
- 4:06more than just semantics
- 4:07it's taking what the industry is
- 4:09going to need to do in you know
- 4:12reaction to what this lawsuit
- 4:15means for the way that buyers
- 4:17agents and listing agents
- 4:18have conversations about commissions and compensation
- 4:22so I promise you we talk about the work around mindset
- 4:24let's talk about this a little bit deeper
- 4:27there's another brokerage in my state that saying hey
- 4:30we have this work around website you know
- 4:33you can post your commissions here
- 4:35there's people saying that they're gonna you know
- 4:37offer you know a house for 100,000 and you know
- 4:42the number
- 4:42the last number in it will be the broker compensation
- 4:45putting keychains on keys
- 4:46putting signwriters on signs
- 4:48the ultimate truth is if we can't have a conversation
- 4:52and just call the agent and ask what they're offering
- 4:54then what are we doing as agents right
- 4:57we get compensated
- 4:59extremely fairly for the work that we do
- 5:01a lot of times and you know
- 5:04as we move forward this is something that you know
- 5:07the workarounds will be crushed
- 5:08there will be future lawsuits and litigations and
- 5:12and all of that
- 5:12based on all of these little workarounds
- 5:15why don't we put it back in the sellers hands
- 5:17and the buyers hands and have the conversations
- 5:19and have that stuff right now right
- 5:22there is a major change coming to our industry
- 5:25as we speak right this second
- 5:27why don't we look at it make a change
- 5:30it's going to be long lasting versus this work around
- 5:33and once that gets taken away
- 5:34then this work around
- 5:35then this work around you can go ahead and do that
- 5:37me as an agent I'm going to you know
- 5:40take this seriously understand what the
- 5:43the court case was about
- 5:44what the plaintiffs complaint was
- 5:46and make my business better for my clients
- 5:48both buyer and seller
- 5:49and so the work around mindset is great
- 5:52and it's cute and funny and whatever
- 5:55however things can change
- 5:56and I truly believe that
- 5:58this is going to be a great change to the industry
- 6:01but even more so
- 6:02a great change to the opportunities that I have
- 6:07as an agent taking this and making the adjustment
- 6:10right give me the rules
- 6:12I'll play in the sandbox
- 6:13we now have the rules not only from you know
- 6:17the the NAR you know
- 6:19your your local Realtor boards
- 6:21your national realtor boards your MLSs
- 6:24they're all giving out the rules
- 6:25and hopefully your brokerages
- 6:27and please please
- 6:28please understand that
- 6:30you can have these conversations with your broker
- 6:32your manager broker I'm not your manager broker
- 6:34I'm just here to give you some ideas
- 6:36and some context
- 6:37to what is being trashed around the internet
- 6:40about EXP not
- 6:42you know paying buyers agents at all anymore
- 6:44and that's absolutely not the full truth
- 6:47EXP will not be offering that co op come you know
- 6:50commission however
- 6:52were they ever really
- 6:53it's always come from the seller's pocket
- 6:56in most cases but it's always been negotiable
- 6:58right the buyer could have paid
- 7:00the seller could pay
- 7:01they can bring it together and go from there
- 7:04so we're taking that b to B piece out of it
- 7:07which will allow for much more transparency
- 7:10we're now having these conversations in Colorado
- 7:13it's in the contract to buy and sell
- 7:15what the buyer is gonna pay the agents
- 7:16what this the sellers gonna pay the agents
- 7:19and it makes a lot more sense here
- 7:21now let's get to the nitty gritty
- 7:23Colorado recently said that the
- 7:26it is their suggestion that we do not as agents
- 7:31divulge what the seller is willing to compensate
- 7:34the buyer's agent
- 7:36if you've really step back and think about it
- 7:37is it any different if someone calls me and says hey
- 7:42what is the co op offered by the you know
- 7:45seller per the listing agreement
- 7:47is it any different if I said hey
- 7:50it's x percent or if I said hey
- 7:54they're willing to take X percent less
- 7:56because it's a divorce
- 7:57or because they're really hurting financially or XYZ
- 8:01all these other things
- 8:02that were fiduciarily not allowed to expose
- 8:05because it could affect our sellers bottom line
- 8:08so you step back and like okay
- 8:10I get it right this is hard ball
- 8:12this is a big change as a buyer's agent
- 8:14you know how am I gonna do that
- 8:16but at the end of the day
- 8:17if it's not floated out there
- 8:20and it's 100% negotiable at the time of
- 8:22the contract between buyer and seller
- 8:25then isn't it a benefit to the buyers agent
- 8:29can you say okay
- 8:30we're gonna go see this house
- 8:32we're gonna write an offer
- 8:34you have an obligation to pay me
- 8:35based on our buyers agency agreement
- 8:39you know and whatever that number is
- 8:41I'm gonna put in there
- 8:42and we're gonna offer this price
- 8:44or full price or whatever
- 8:46but it eliminates a lot of the he said she said
- 8:49for the seller side if they're
- 8:51you know saying hey
- 8:52I only wanna offer 1%
- 8:54you don't have to put that out there as negative energy
- 8:57right as you know
- 8:59hey this seller is only offering 1% right now
- 9:03we can talk about how to manage that side of it
- 9:05all you want and talk about why a buyer's agents
- 9:08important to the seller and all those things
- 9:10but that's not what this is for
- 9:12but if you really step back and you think about okay
- 9:15this is an opportunity for me to market the property
- 9:18to everyone right
- 9:19and if the seller is steadfast on
- 9:21you know a low percentage number or whatever that is
- 9:24that maybe
- 9:25you don't think will draw a lot of attention
- 9:27you can have that
- 9:28but then when that offer comes in and it's higher
- 9:31the seller can accept it right
- 9:33the seller can at that time be like
- 9:35okay well
- 9:36this is my net this makes sense
- 9:38it's our only offer and go with it
- 9:40or if it's a multiple offer situation
- 9:44the seller can say okay
- 9:45well that's great
- 9:45I don't really care what I'm paying the buyer's agent
- 9:47I only care what's coming to me at the end
- 9:49so let's look at that with each contract individually
- 9:53and what's being offered
- 9:54or what's being asked of me to pay and go from there
- 9:57the seller could save a lot of money
- 9:59if buyers agents are going low to win the win the bid
- 10:03right but as a buyers agent
- 10:06now that eliminates that whole awkward conversation
- 10:09right hey
- 10:10you know I have this listing agreement at X
- 10:12but they're only willing to pay
- 10:14you know P right
- 10:17and so you have to bridge the gap
- 10:19so do you wanna see that
- 10:20if you're going to absolutely have to bridge the gap
- 10:23knowing all full and well
- 10:24that everything is negotiable
- 10:26at the time of the contract
- 10:27between Byron Seller
- 10:28and that is the take home point
- 10:31why are we putting ourselves through this
- 10:34hazard of having these conversations
- 10:36and it's important to have conversations
- 10:39that the game has changed
- 10:39this is compensation it's now variable
- 10:42this is what I charge this is my value
- 10:44so on so forth buyers and sellers
- 10:47but having putting numbers to it
- 10:50when we absolutely have no numbers that could come
- 10:54when we don't have a buyer in a seller
- 10:56we don't know what those numbers could or should be
- 10:59or what they are required
- 11:00like essentially
- 11:01we're just guessing right as a buyers agent
- 11:04you're if you have to have an agreement sign that says
- 11:06they're obligated to pay this amount of money
- 11:08and you can take less but you can't take more right
- 11:11if we have to have that and then the seller is saying
- 11:14okay well
- 11:15I'm reading the headlines
- 11:15I don't have to offer as much
- 11:17I don't have to do this then what
- 11:20it doesn't matter right
- 11:21this buyer could have signed an agreement for
- 11:24X percent
- 11:25and this buyer could have signed for less than that
- 11:27and this seller could say
- 11:28I'm only gonna accept this
- 11:30or I'm only gonna offer this
- 11:31and this seller could send
- 11:32I'm gonna offer this much
- 11:34now it's a conversation with the seller
- 11:36if we're going to divulge that information or not
- 11:39because if we're using as a marketing tactic
- 11:41in my opinion as a seller
- 11:43I'm not gonna want that number floated out there
- 11:47because I'm going to say okay
- 11:49let's just see what comes in right
- 11:51because if I get X I'm I'm more than willing to offer
- 11:54you know that percentage
- 11:56but if I get less than that I I mean
- 11:58my numbers not necessarily work out
- 11:59so
- 12:00I'm not really gonna agree to putting that out there
- 12:02and and be hamstrung by that
- 12:04let's talk about it when we see the actual numbers
- 12:06when it comes down to business
- 12:08and that's the take home here is
- 12:10you have to understand that it is a negotiation
- 12:12we are professional negotiators
- 12:14we are paid to do that by our clients
- 12:17and we can now have this negotiation conversation
- 12:21without saying this is what it is
- 12:22this is what it is if he doesn't pay
- 12:24you're paying me then the story right
- 12:27well at the time of contract
- 12:28if the seller comes back and says hey
- 12:30I'm only gonna pay this then you say well
- 12:32you're you're you owe me this
- 12:34so do we wanna ask for a concession
- 12:36do we wanna upper off for a little bit
- 12:38there's a time to negotiate that
- 12:39and change how that looks
- 12:41and I will truly believe
- 12:44now that I've actually step back and thought about it
- 12:46this is exactly what the DOJ and industry wanted
- 12:51and I think eventually they'll get it right
- 12:53the DOJ the plaintiffs whatever
- 12:55they're going to get what they want
- 12:57and so why don't we as an industry
- 13:00take these step forward to change our business
- 13:02it's a little bit uncomfortable
- 13:03but honestly
- 13:04I believe it's a lot less uncomfortable than saying hey
- 13:06depending on what the sellers gonna offer
- 13:08your might have to come to the table with you know
- 13:1220 grand
- 13:12or you might have to come to the table with no grand
- 13:15right instead it's like okay
- 13:16let's look at the situation
- 13:18let's see what it is
- 13:19this is what I charge this is what I charge over here
- 13:22this is what I charge over here buyers agent
- 13:24so we can have that
- 13:27and it's all negotiated in the contract
- 13:29now I understand that
- 13:29all states have not put it in the contract
- 13:31but I truly believe that Colorado EXP Realty and
- 13:36you know
- 13:37this whole settlement is they're really ahead of what
- 13:41where we're going right it's not the workarounds
- 13:43it's not that so we will see how it plays out
- 13:46but I want this take home message to be that
- 13:49as an agent at EXP Realty
- 13:51there will still be
- 13:54a seller offering compensation for a buyer's agent
- 13:58so none of the stuff you read in the groups
- 14:00none of the stuff you're reading online
- 14:02none of the stuff is absolutely set in stone
- 14:05there has been watchdog articles
- 14:08you know watchdog
- 14:09consumer watchdog articles written that says
- 14:12EXP got it right what they're saying got it right
- 14:14look at the CEO Leo Perez video with Tom Ferry
- 14:18what he's saying there is that
- 14:22this is where the industry is going
- 14:23so let's get there
- 14:25let's get to 100% transparency for our clients
- 14:28and let's be fiduciaries to our clients
- 14:30as we get compensated so well to be
- 14:33and at the end of the day
- 14:35that's where it needs to be
- 14:37if you have any questions if you have any comments
- 14:39let's let's start the conversation
- 14:41but when you step back and look at this
- 14:43remove the semantics from it
- 14:45there is still buyers agent compensation available um
- 14:48through brokers at EXP EXP is just not going to pay it
- 14:52they're going to have the conversations
- 14:54the right conversations
- 14:55the transparent conversations with their sellers
- 14:58in order to have the sellers decide
- 15:01and then the buyers decide
- 15:03and then bring those together in contract
- 15:05and hopefully do what we love to do
- 15:07and that's get people into homes
- 15:09what I love to do
- 15:10help people build wealth through real estate
- 15:12but stay tuned this is an ever changing thing
- 15:14I will continue to
- 15:15update with the changes and what's going on
- 15:18but at this point in time
- 15:20don't believe the hype
- 15:21step back and look at the details
- 15:23and understand that it's not the blanket statement
- 15:26that EXP is no longer paying buyers agents
- 15:28so like comment subscribe
- 15:30we'll see you next time and don't worry
- 15:33it's all gonna be okay agents
- 15:35call me if you need me bye bye