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Understanding the

NAR Lawsuit Settlement

What You Need to Know

In March 2024, in response to a pending lawsuit judgment against them, the National Association of Realtors® released a set of proposed policy and practice changes that will reframe the relationship between real estate professionals and buyers. To be clear, the industry’s fiduciary commitment to the best interests of clients hasn’t changed, but the way agents and buyer clients formalize professional relationships will.

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Changes to the Homebuying Experience

As a homebuyer, this proposed settlement means there will be some changes to your real estate experience:

1. Required Buyer Agreements

Prior to this settlement proposal, it was acceptable (though not widely practiced) for buyer’s agents to forge relatively informal, unwritten agreements with their clients regarding service. Following these proposed changes, buyers must sign a service agreement with a real estate professional in order to be shown homes. 

2. Buyer’s Agent Compensation

Prior to the proposed changes in the settlement, buyer’s agents were compensated via a cooperation agreement with the seller and seller’s agent facilitated by the multiple listing service. While this sort of cooperation is still allowed, the MLS is no longer allowed to coordinate it. Buyer’s agents will now be responsible for negotiating their own compensation with clients.

FAQ

As a homebuyer, these changes will require new, important conversations between you and your real estate professional. A buyer service agreement will formalize your agent’s fiduciary responsibility to you, further protecting your interests. It will allow the opportunity for real, transparent communication with your agent around compensation, offering you a clear understanding of the cost of services and how those services benefit you. 

These conversations will ultimately set buyers up for greater success in their transactions. More buyers will start the home search process with a clear understanding of their strategy, how their agent will support them, and what it will take to get to the closing table. 

Two major changes: First, compensation offers to buyer’s agents will no longer be displayed on the MLS, and the MLS won’t be allowed to facilitate commission cooperation between the buy and sell sides of transactions. Second, all buyers will be required to sign a buyer agreement with their agent outlining service terms, including commission requirements.

Yes. Luxury Presence has created a strategy guide for agents seeking advice on negotiating buy-side compensation. Get your copy of The Future of Buy-Side Compensation here

The best agents have shifted their thinking from the top line to the bottom line. They're obsessed with the client experience. They're taking action very quickly to level up the technology in their businesses because they understand it's the only way to deliver strong profitability and a world-class client experience.

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How I Work With Buyers

As my client, you can expect nothing but the highest level of service and counsel. I take my fiduciary commitment to you extremely seriously and believe that the best way to advocate for your best interests is through preparation. For each property my clients consider, I create a complete set of market research, potential pricing and offer strategies, contract negotiation tactics, and more.

Before the NAR lawsuit settlement proposal, some buyer’s agents were able to get away with doing the bare minimum. Thanks to assumed cooperation with the seller, they might get paid for simply showing up, unlocking doors, and pushing papers. 

While that was never my approach, it is now no longer the world we live in. As my client, you can rest assured that I will provide you with expert-level service and advice throughout our professional relationship.

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Testimonials

"A True Professional and trusted resource-Lisa and her team are outstanding throughout the whole process. She listens and deeply comprehends the client objectives and matches that with a deep and thorough understanding of the Arizona real estate marketplace. An absolute trusted individual."
"A True Professional and trusted resource-Lisa and her team are outstanding throughout the whole process. She listens and deeply comprehends the client objectives and matches that with a deep and thorough understanding of the Arizona real estate marketplace. An absolute trusted individual."
C. W.
"Working with Lisa and her team was a seamless process. Lisa is detail-oriented, professional and a leader in her industry. Purchasing our home with Lisa & the W Group team, by far and away, was the best experience we have had in real estate. I recommend her to everyone I know looking to sell and/or buy."
"Working with Lisa and her team was a seamless process. Lisa is detail-oriented, professional and a leader in her industry. Purchasing our home with Lisa & the W Group team, by far and away, was the best experience we have had in real estate. I recommend her to everyone I know looking to sell and/or buy."
Elizabeth B.
"Honesty, integrity and a heart of gold when Lisa is involved."
"Honesty, integrity and a heart of gold when Lisa is involved."
Patrick W.
"Lisa Westcott is a highly skilled professional who knows the luxury market, involves her clients in determining how to price their property, target markets to qualified buyers and knows how to close a deal. She’s the best!"
"Lisa Westcott is a highly skilled professional who knows the luxury market, involves her clients in determining how to price their property, target markets to qualified buyers and knows how to close a deal. She’s the best!"
Larry D.
"Lisa Westcott is a trusted Real Estate professional who is extremely knowledgeable of the Scottsdale Real Estate Market. Lisa and her team are known for impeccable customer service and make every Real Estate transaction smooth and stress-free."
"Lisa Westcott is a trusted Real Estate professional who is extremely knowledgeable of the Scottsdale Real Estate Market. Lisa and her team are known for impeccable customer service and make every Real Estate transaction smooth and stress-free."
Amy D.
"From finding potential properties to helping me negotiate an ideal contract, Lisa was always available and communicated how each part of the whole process would move forward. She also profoundly understood the housing market in my area, which allowed me to get an incredible deal that exceeded my expectations. Lisa provides a high touch experience."
"From finding potential properties to helping me negotiate an ideal contract, Lisa was always available and communicated how each part of the whole process would move forward. She also profoundly understood the housing market in my area, which allowed me to get an incredible deal that exceeded my expectations. Lisa provides a high touch experience."
Aubree H.
"Lisa and her team are amazing Realtors and incredible human beings. Lisa has a gift of intuitively understanding people's housing requirements. Her skillful ability to showcase property and market properties is enviable. Clients who work with Lisa experience skill, expertise, integrity and world-class service."
"Lisa and her team are amazing Realtors and incredible human beings. Lisa has a gift of intuitively understanding people's housing requirements. Her skillful ability to showcase property and market properties is enviable. Clients who work with Lisa experience skill, expertise, integrity and world-class service."
Debbie Y.
"Lisa performs at the top tier of her field. High level of professionalism, and quality of service. More than recommended."
"Lisa performs at the top tier of her field. High level of professionalism, and quality of service. More than recommended."
Alan C.
"Lisa is a true professional. She never wavered from sound advice and experienced conviction. Terrific communicator and good results. Highly recommend."
"Lisa is a true professional. She never wavered from sound advice and experienced conviction. Terrific communicator and good results. Highly recommend."
Daniel G.
"Lisa Westcott is an A+ player in the luxury real estate space. She has the maturity and experience you need to navigate complex plans and their execution. We are glad to be a reference for her and her team."
"Lisa Westcott is an A+ player in the luxury real estate space. She has the maturity and experience you need to navigate complex plans and their execution. We are glad to be a reference for her and her team."
Donald C.