Question:

Let's say you have a seller that says, “Jim, I watched the news this weekend, and I understand that I don't have to pay a buyer's rep.”

What will be your response to that?

Now, if you get that, I would say that they’re right, and they really haven't had to do that for years. The only difference is that the buyer rep fee is not going to show up in the MLS as of July.

But should you choose not to pay a buyer's rep?

Here's my personal thought on this:

When you offer to pay a buyer's rep, what happens is you’re going to attract more showings and thereby get more offers and more exposure for your property because there's not many buyers that have the money to write a check at closing to their buyer's rep.

So when a seller says they’re not going to pay it, a lot of times they're just going to eliminate that house from consideration. They'll just go look at the houses where the buyer's rep is being paid.

Now, if they choose not to pay a buyer's...

The NAR settlement, which will happen in mid-July (but you’ll start seeing this already): You're going to see a rise of unrepresented buyers.

These will be buyers knocking on your door as a listing agent and saying they’re unrepresented and that they want to make an offer on your listing.

Are you going to, as the listing agent, treat them the same as if they're represented? Or are you going to treat them differently?

Well, I just saw a top agent that did an internal study with his team and found…

70% of the deals that came from unrepresented buyers in his market failed.

So think about that, and I believe that to be true because they just don't have somebody walking them through the process. When you’re sitting with your seller, you need to have an unrepresented buyer conversation going forward. And here's what that conversation might look like:
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“Mr. And Mrs. Seller, there's been some changes with the way that we're selling real estate based on an...

What's going to be your approach in having conversations with buyers about this idea of writing you a check or potentially writing you a check at closing? It feels scary, doesn't it?

I'm going to give you a script focused around what I call a success fee. Just remember, we're never paid in general. The vast majority of us get paid at closing and only if the buyer's successful.

So my starting point will be:

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“Hey guys, I just want to point out that today we work under a buyer representation agreement… You don't pay me until you found the perfect house, got it at the right price, financing sorted, inspections done, deal closed. That's when I get paid. If I don't help you get to the finish line, I don't get paid a dime. My fee for representation, if you get to the finish line, is X. In many cases, we negotiate with the seller to have all or part of that fee paid on your behalf.

It's going to be super transparent. I’ll give you a net sheet on each transaction,...

You’ve got one big job in 2024:

Create a new buyer presentation.

Your 2024 buyer presentation needs to include information about and around the NAR settlement. You don't have to talk about the settlement per se, but you have to adapt based on the settlement. If you had a buyer presentation that you're using in 2022 or 2023, you have to rebuild it now.

Some of you don't have one at all. But it shouldn't be difficult to build one because we do one with listings all the time. But I get it. It's new and it's different. So, it’s going to be a little bit uncomfortable. So lemme give you some language to help you make it more comfortable.

When meeting a buyer for the first time, ask if you can show them how you work. Another approach could be to explain your process or walk them through the 10 steps involved in buying a house. Most people will agree, giving you permission to present.

In your presentation, make sure to discuss buyer representation fees and the need for a buyer...