by Nick Schlekeway | Jul 18, 2024 | Industry, News Feed
This is the second in a two-part interview with California Regional MLS General Counsel Ed Zorn on the impending changes to the commission structure and how it will impact agents. Read the first part HERE, and check out his sessions live at Inman Connect Las Vegas July 30-Aug. 1, 2024. Join us.
Real estate broker and attorney Edward Zorn is nothing if not generous with his thoughts when real estate and the law intersect.
When it comes to adapting to business practice changes associated with a proposed nationwide settlement between the National Association of Realtors and homeseller plaintiffs in multiple antitrust lawsuits, Zorn has plenty to share and will do so at two sessions at Inman Connect Las Vegas later this month.
The NAR settlement includes rule changes set to go into effect on August 17, including a prohibition on listing brokers making offers of compensation to buyer brokers on multiple listing services and a requirement that brokers and agents sign contracts with buyers they’re working with before touring a home.
READ PART ONE OF INMAN’S INTERVIEW WITH ED ZORN
In a two-part interview, Inman caught up with the vice president and general counsel of the California Regional MLS to get his take on buyer agreements, seller concessions, steering and commission-sharing between brokers.
Part 1 tackled what Zorn will be talking about at ICLV, how listing agents’ jobs will change after August 17, whether seller concession fields will replace offers of compensation in the MLS and why mandatory buyer agreements are consumers’ big win from the NAR settlement.
With Part 2, Zorn dives into the nuances of offering a dollar amount or a percentage of the purchase price as a seller concession, the settlement’s potential impacts on steering, how buyer agents’ jobs will change after August 17, and the No. 1 thing people in the industry should be doing to stay out of antitrust trouble in the future.
This interview has been edited for length and clarity.
You were saying you’re a big believer in having either a dollar amount or a percentage listed when a seller is offering concessions.
On the appropriate property. If you had a home that was subject to FHA lending … I would encourage you to consider offering concessions. If you were doing a $1 million home or a $900,000 home in Corona I would tell you, “Don’t offer concessions.” I would tell you, “Mark the box that says ‘We’ll consider a concession’” and don’t commit to any kind of number whatsoever.
I think you’re going to see [concessions] clump around the entry-level market because that’s the specific buyer that needs the comfort of how this process works, and that this particular home I’m going to put an offer in will work for my situation.
I think mid-priced homes to higher-priced homes will not have concessions. I’m not saying I would put concessions on every property. I would say it depends on what my seller needs.
If my seller is one of those looky-looing, “Hey, I don’t really have to move. I can take three, six months. Doesn’t really matter,” I probably don’t recommend he does concessions. Concessions are a particular marketing strategy to drive a quicker, faster sale and to help a certain segment of people, make it easier for them to buy this home.
I understand that distinction you’re making, but this is a change that’s being made across the board. You have this philosophy determined by the type of property and whether it’s subject to FHA lending, but there are many thousands of agents that will be using these fields that may not have that particular philosophy on concessions and may decide to treat this field as just a replacement for the compensation field. The implementation of it is across the board, so why not just have a Yes or No, and then the FHA buyer can just ask for what they want?
Again, if you’ve ever dealt with an FHA buyer, it’s an easy thing to say, a hard thing to get them to do.
Wouldn’t that be their agent’s job, though, to tell them “This listing is offering concessions”?
Sure. Let me give you shock of all shocks: Buyers don’t listen to me. This is why [the concept of] steering, for those of us who are in the field, is such a laughable idea. You kidding me? You think I could convince you to buy a house if you hated the kitchen? Agents don’t have that power.
But you can say as a buyer’s agent, “Oh, I’ve heard the foundations in this development aren’t good.”
Correct. I can scare people away from homes all day, sure. But my point is, if there’s a home that is good for somebody … and they’re a first-time homeowner, maybe the first in their family to ever buy a house, and it’s at a price that they can afford, but they don’t have the cash, convincing them to put an offer in and just ask for it on the [idea that] maybe you’ll get it, that’s a giant emotional event for somebody. People cry when they don’t get a house. It’s devastating to them.
If it’s a first-time buyer who’s really trying to secure the American dream and get a property, to be told “No” could end their decision to buy a house. That absolutely happens.
I think we’re making some really good quality changes. We’re getting rid of offers of compensation. We’re getting them out of the forms, which I think is super important. It’s one hundred times more important than the concession issue, to make sure that the forms don’t encourage continued commission-sharing.
That has way more impact on what the risk is of potential steering or using fear of steering, which is really the issue on the seller side, than concessions are.
People have this opinion that concessions will replace offers of compensation. I have actual experience. I have data that suggests that that’s not going to happen, both historical and right now. I agree, people can just put nothing and let the buyer make an offer. I agree that that is something that can happen.
But again, go talk to the heads of, like [the National Association of Hispanic Real Estate Professionals] or any of the fair housing, first-time homeowner groups. They’re petrified about the commissions coming out of the MLS because they know that their body of people are going to be too scared to buy houses. The reason CRMLS is so behind keeping some level of concessions viable to help that group is important.
We can’t throw the baby out the bathwater. That’s what we’re doing if you’re going to attack concessions. At least let’s see what happens.
When you have your listing presentation, you tell the seller you don’t have to commit to anything regarding the buyer agent or concessions. But how do you have that conversation when you do want to offer a dollar amount or a percentage, if it is an FHA property?
It would be part of my explanation going through the comparative market analysis. Let’s say I’m selling a condo in Corona and it’s a 150-unit project and they have a three-bedroom two-bath. We look at the other three-bedroom two-baths that have sold in the neighborhood. Let’s say they’ve sold at $450,000. Three of them sold in the last two months. I’m going to look at what are the concessions that the seller paid to help a buyer get into the home.
I’m going to have that conversation with my client when we’re setting the list price. I’m going to explain to them that there is a set of potential buyers that may have a challenge in buying your property because they don’t have enough cash on hand. So do we want to address that or not?
We don’t have to. The other strategy we can go to is let’s go with the lowest price. Strip out the concessions and compensation … and let’s drop the price, make it lower. But we’re gonna have to rely on good buyer agents to be able to explain that and we’re not going to control that, so there’s a risk there.
This is part of my skill in communicating to a seller: what kind of marketing strategy do we want to go to market with? A lower price, no concessions? Or do we want to push a little bit of a higher price, but offer concessions?
Here’s what you’re going to get when you do the lower price: It will go to an investor, an all-cash guy who’s going to rent the house out because he’s going to see a nice, low price, and going to offer all-cash. Is that what we want? I’d rather have the VA guy or the FHA person in that house, personally.
Do you know of which MLSs are just doing the Yes/No in the concession field?
I don’t. I don’t know who else is going to be comfortable enough to do it because there’s so much fear around it that I think any MLS that’s going to take the tack of “We don’t want to talk to the [Department of Justice]. We don’t want to have any issue at all,” I think they’re going to either do no concessions, or they’re going to do only a Yes/No field and then kind of see how does it work.
How is the buyer’s agent’s work going to change after August 17?
The biggest thing that’s going to change with the buyer’s agent is going to be the need, No. 1, to be properly trained and skilled in communicating about transactions and understanding value, in addition to the things we buyer agents always do, which is emotional support, marriage counselor, friend, confidant.
Here’s the thing that’s going to change a lot and that is you’re going to have to get a buyer representation agreement signed. You’re going to have to be able to demonstrate your value, and you’re going to have to be able to then set your pricing of what you charge consistent with what value you bring to the transaction.
You’re going to need to be able to explain to your buyer how the current process has changed and how they can expect to include your fee in an offer so that the seller continues to pay your fee, just like historically it has been done for decades. You’re going to have to develop those skills. You’re going to have a presentation, you’re going to have to have data.
Realize you’re going to be in competition. You don’t get to just say, “Well, on my last X number of transactions, either this is what I made, or this is what everybody’s offering, so that’s what I’ll put down.” That’s not going to cut it.
If that’s what you do here in Knoxville and you want 3 percent, what are you going to do? Because if you want to move to Knoxville, I charge 2 percent. That’s my rate. So if you charge 3 percent, what are you going to do when I come along — a 30-year lawyer, 20-year Realtor, I’ve done thousands of transactions. Who’s the buyer going to use?
So they need to realize they’re going to be subject to price competition. Make sure that you’re setting the fee that you’re charging consistent with what your skill level is, your value proposition, the services you’re going to provide, and don’t be concerned about what other people charge or what’s being offered.
Then the next thing you need to realize right away as a buyer’s agent is you don’t need any help from the listing agent to decide on what’s being offered or anything like that. Go show every single property, open every door your buyer wants to see that he’s qualified for or she’s qualified for, and make an offer on every single property.
It doesn’t matter if the seller has offered concessions or not. Doesn’t matter. Make the offer and then be ready to negotiate the price against the offer you made. This is where the skills of valuation, understanding how to do a proper CMA, how to make appropriate adjustments for differences between comparable properties and a subject property, including other financial contributions from the seller, how it interacts with that as you start to justify your offer price.
In every offer that I make from this day forward, it’s going to say, “Seller shall pay Ed Zorn Realty X percent, in my case, 2 percent, of the purchase price of closing.” That’s going to be in every offer, and then we’ll negotiate from there.
So I’m not concerned ever about getting paid. It will be part of the transaction, just like it is today. The difference is that my buyer and I negotiated the buy-side fee, instead of the seller and the listing agent deciding on the buy-side fee. That’s a huge difference.
What are you being asked about the most in your work as a lawyer?
When agents are saying “what’s going to change?” what they really need to see are the [transaction] forms. The way you change agent behavior is MLS input and the forms. So it’s those two things together that can be used to change behavior.
With the terms of the settlement agreement and MLSs signing on, the MLS has done their job. We’re removing the commission fields. We’re changing our rules to mandate this buyer representation agreement. The MLSs are doing what they can, rule-wise and technology-wise, to drive those changes.
The other part of that now is going to be the forms. I think [the California Association of Realtors] did a good job by getting rid of commission-sharing. Just get rid of it. Eliminate it. We don’t need it. There’s no purpose in it. Off MLS, there’s no purpose in sharing commission.
Now that the [listing agreement] form is gone about sharing commissions, then the other form that matters is the purchase agreement, making sure that purchase agreement forms have a sentence or a process where the buyer can include in this offer on the purchase agreement the request for the payment of the buyer agency, as well as any other potential costs. Therefore, it is subject to negotiation between the buyer and the seller.
But I think what you’re going to find is, by the time you get to January, people are going to look backwards and go, “That really wasn’t that big of a deal.” A lot of hoopla, lots of hand wringing, lots of “Oh my god, what are we going to do?” but once you see the forms and if the forms are crafted properly, the system will naturally flow because people will use the forms to help educate and inform their consumer and that will drive the practice.
I fully expect 90 to 95 percent of all offers will have a request for the seller to pay the buyer’s agent.
Is there anything that people in the industry should be doing to keep themselves out of antitrust trouble in the future?
The No. 1 thing the industry should be doing to stay out of trouble is get rid of anything that supports commission-sharing. That means at a state association level or a local association level that is creating standardized forms, those listing agreement forms should not accommodate or facilitate the sharing of commissions between brokerage firms, between the listing broker and the buyer’s broker.
They should be focused instead on only the commission discussion being between the listing agent and the seller.
Email Andrea V. Brambila.
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by Amy Chorew | Jul 18, 2024 | Industry, News Feed
Find out how this Central Florida team leader moved from a career in amusement parks to the roller coaster of real estate.
At Inman Connect Las Vegas, July 30-Aug. 1, 2024, the noise and misinformation will be banished, all your big questions will be answered, and new business opportunities will be revealed. Join us.
Name: Matt McKee
Title: Team leader
Experience: 27 years full-time agent, broker-owner
Location: Orlando, Florida
Team name: The McKee Group at Compass
Rankings: No. 20 Orlando Regional Realtor Association
Team size: 7
Transaction sides: 59
Sales volume: $52 million
Awards:
- Real Producers No. 20
- Orlando Magazine Hot Elite 100 Hall of Fame
- Compass Club Florida Top 100 agent and team
- Real Trends: 70 (state), 788 (national)
How did you get your start in real estate?
In 1995, I was tempted to join the family’s esteemed real estate business. However, I was led down a different path, as I opted to explore the corporate realm, spending two transformative years at Universal Studios in their Creative Human Resources department.
In 1997, I found myself at a crossroads, reflecting on my true entrepreneurial aspirations and the legacy of my family’s real estate heritage. Fueled by a newfound clarity and a deep-seated passion for connecting people with their dream homes, I made the pivotal decision to join the real estate business.
From that moment forward, I immersed myself wholeheartedly in the world of real estate, from coaching with Mike Ferry for two years to coaching with Brian Buffini for 14 years. With each transaction, I found fulfillment in guiding clients through the intricate journey of buying or selling a home, forging lasting connections and leaving a positive impact on the communities served.
Reflecting on my journey, joining our family’s real estate business wasn’t just a career move — it was a calling. It’s about more than just buying and selling properties; it’s about building relationships, creating memories and helping people find their place in the world.
How did you choose your brokerage?
The decision to join forces with Compass was driven by their cutting-edge technology and vibrant agent network. Since joining, McKee & Company has seen a transformation in operations and client services, propelling the company to new heights of success and influence in the real estate market.
The deep relationships within Compass‘s nationwide agent network have enriched our experience and enabled us to better serve our clients, setting a new standard for excellence in the industry.
What do you wish more people knew about working in real estate?
While real estate may seem glamorous, it is far more complex. It requires significant time, financial and personal sacrifices. Real estate professionals take on multiple responsibilities, from marketing to customer service. The journey to success is challenging but rewarding, offering fulfillment and opportunity.
Tell us about a high point in your brokerage career
I double-sided an $8.5 million transaction on a property shortly after a fraudulent deal fell through on the same home. It took many hours of hard work and stress, but our effective marketing attracted the right buyer’s attention, and we closed the deal for all cash just two weeks later.
What’s your top tip for newly formed teams?
Find a mentor, take it easy and stay humble.
Name 3 people you admire
Jesus: My guiding light, savior, and foundation.
My mother, Audrey McKee: My life mentor. She taught me how to take care of people and the power of prayer.
Tim Tebow: An unwavering inspiration, he does not let the noise get to him. He talked a lot of good when he was a player and has done so much more good in retirement. He does not need the spotlight, but when he has it, he stays humble and gets the job done, keeping the main thing the main thing. He loves and serves people who have nothing to give him, the least of these.
Email Christy Murdock
by Christine Cruz | Jul 18, 2024 | Industry, News Feed
At Inman Connect Las Vegas, July 30-Aug. 1, 2024, the noise and misinformation will be banished, all your big questions will be answered, and new business opportunities will be revealed. Join us.
Who do you become in the face of change?
What do you do when faced with changes in your life and business?
Here’s the truth, many of the real estate entrepreneurs we work with set goals to create a change in their business with a desired outcome. Sometimes, those changes are external to you and the goals you outlined in your business planner for the year.
Voluntary, self-identified goals may relate to team building, creating new expectations and processes, or mapping out a plan to create an increase in your average price point or overall sales volume.
Right now, we’re coming up against big external circumstances and involuntary changes such as market shifts, rising interest rates or, of course, the implementation of operational changes as part of the commission lawsuit settlement, coming up on Aug. 17.
Either type of change pushes us to pivot in the ways we do business and communicate to prospective clients. One thing is certain and clear — change is inevitable.
Not only is it inevitable, but change offers us endless opportunities to do better, be better and have businesses that perform better. However, many people are unwilling to contend with the changes required on their end to reach their goals, such as expanding their skill set and training or creating new boundaries or procedures.
The idea that you can create a macro change in your business or your life without many micro changes along the way isn’t realistic. Those sea change moments that many people seek are built upon a whole host of smaller changes.
To paraphrase mystery novelist Rita Mae Brown, we can’t do the same thing over and over and expect different results. Different results require different ways of thinking, different actions and different strategies. In short, it requires change.
Too often, change makes people uncomfortable, sometimes nervous, many times scared. Change can feel overwhelming, if not a bit daunting. As a result, many of us resist change, and cling to the familiar — even if we’ve outgrown our current circumstances and relationships (or they no longer serve us). We may resist change, even if it’s tied to a larger goal or intention.
In real estate as in life, growth and change are not just inevitable; they are essential for success. Ask the most sustainably successful agents in the business and you’ll find they are constantly evolving, adapting and leveling up in their businesses and personal lives.
In fact, they welcome change knowing change is the pathway forward to new levels of fulfillment, prosperity and purpose. Research supports the fact that adaptability and flexibility to change are key traits in successful (and happy) humans.
Growth and evolution are core ingredients of success and they require us to step out of our comfort zones, confront our fears and embrace the possibilities that change brings. Instead of viewing change with trepidation or resistance, create a new relationship with change, one in which change is recognized as a gateway to realizing your full potential in life and business, to fulfill those big goals.
By reframing your relationships and approach, you can more easily embrace change as a positive force in your life, opening yourself up to new opportunities, experiences and growth. Instead of fearing and resisting change, you can consciously and actively choose to embrace it as a catalyst for transformation, progress and reaching (and even surpassing) your goals.
How can you set yourself up to be more welcoming of growth and change?
Develop a growth mindset
Our beliefs and thought patterns shape our reality and influence our actions. Shifting our mindset to one of growth, abundance, and possibility is crucial for navigating the challenges and seizing the opportunities that come our way in the real estate industry.
A growth mindset is one that is dynamic, flexible and makes the most of challenges by recognizing them as opportunities. It’s a surefire way to create a new relationship with the challenges that change often delivers along the way to success.
Ask yourself
- What beliefs or thought patterns do I need to shift to support my growth and success in real estate?
- Am I willing to view challenges and changes as opportunities for self-improvement, learning and forward momentum?
Check your circle of influence
The people we surround ourselves with have a significant impact on our mindset, behavior, and ultimately, our success. Jim Rohn stated that we’re the average of the five people we spend the most time with.
Surrounding ourselves with supportive individuals who share our values and aspirations is essential for staying motivated, inspired, and focused on our goals.
Ask yourself
- Do the people I share time and space with believe in me and my goals?
- Do I feel supported by them?
- Do they seek growth in their own lives and businesses?
- Do we have shared values and goals?
- Do I feel energized and motivated after being in their company?
- Do I feel stressed or drained after spending time with them?
- What changes do I need to make in my social circle to align with my vision for success?
Check in on your systems, procedures, processes
Systems, procedures and processes are the backbone of a successful real estate business. They provide the necessary structure to operate smoothly and sustainably with consistency and efficiency. While most can agree that this is true, it’s common for many to resist creating reliable and effective systems in the first place. Even more resist changing these systems and cling to outdated methods that may no longer serve them.
Specifically, consider the impact of new commission settlement requirements and the necessity to adapt to these changes. Embrace new methods of working, enhance communication strategies with clients, and invest in relevant training to stay ahead in the industry.
Ask yourself
- Which systems, procedures and processes are currently working well in my business?
- Which ones are outdated or ineffective and need to be updated or replaced?
- Am I resisting changes in my systems and procedures due to the fear of the unknown?
- Am I willing to complete the necessary training and education to evolve and grow?
- How can I implement new ways of working, communicating with clients, and incorporating ongoing training and education to improve my business operations?
Evaluate your habits and routines
Our habits and behaviors cumulatively shape our daily routines and ultimately determine our long-term success. Identifying and cultivating positive habits that align with our goals and values is essential for personal and professional growth in real estate and in life. Often, our habits and behaviors are so taken for granted, we lose sight of all the small details that add up to big results, positively or negatively.
Ask yourself
- What habits or behaviors are holding me back from reaching my full potential?
- What new habits do I need to cultivate to support my personal and professional development?
- Are my habits and behaviors in alignment with and a reflection of a resilient growth mindset?
To make positive changes in the way we think about and react to the world, our mindset, the company we keep and the ways in which we move through the world in the day-to-day requires us to tap into our awareness and identify the areas where change is needed. To do so requires honest self-reflection and a willingness to step outside of our comfort zones.
Whether it’s shifting our mindset, surrounding ourselves with supportive individuals, creating a conducive environment for growth or adopting new habits, every change we make reflects a willingness to create change, embrace change and not be afraid of change.
This new relationship with the change required by our goals brings us closer to the vision of success we seek to create and experience.
As real estate professionals, your journey toward personal and professional fulfillment is paved with opportunities for growth and change.
Ask yourself
- How will you meet those changes?
- In what ways do you imagine your life and business flourishing as a result of creating a new relationship with change?
- Does the idea of embracing change and exploring new possibilities energize you?
By approaching change with positivity, asking yourself the right questions and taking intentional action, you can create a life and career that brings you joy, fulfillment, and a sense of purpose and prosperity. This is true success.
Melanie C. Klein, M.A. and Emily Bossert are highly sought-after coaches known for empowering individuals and teams to achieve their full potential and success.