As part of the Sitzer-Burnett settlement, real estate agents have to operate under some new rules regarding compensation agreements and communication of that information to clients.
Several industry experts shared how they changed their transactional processes in light of the settlement.
Deborah Bailey, managing member of Bailey Helms Legal LLC, said gathering agents’ compensation instructions prior to closing is still a “significant pain point” within the settlement process. The time it takes to track down payment information can delay approval of a loan when buyers are financing their purchase with a qualified mortgage and paying the agent’s commission.
“We now require fully executed commission compensation instructions prior to clearing any file for closing,” Bailey said.
Andy Maloney, owner of Blue Note Title in Brentwood, Tenn., said any disagreements about agent compensation are addressed when the contract is executed.
“By the time it reaches our office, any issues have been disclosed and resolved,” Maloney explained.
Glennda Baker, associate broker with Coldwell Banker Realty in Marietta, Ga., said agent compensation is now the most-discussed term in the contract and appears on four documents.
“This makes the process extremely confusing for buyers, sellers, and agents alike,” said Baker, who leads a team at Coldwell called Glennda Baker and Associates.
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