The Great Commission Drop of 2024

Real Estate Commissions Are Falling: What It Means for Buyers and Sellers

The real estate industry is witnessing a transformative period as buyer agent commissions show signs of decreasing. According to a recent report from Redfin, the typical commission for buyer agents has dipped to 2.55% in the United States, down from 2.62% in January. This trend is not isolated, with companies like Opendoor also experiencing pressure on commission rates, as noted by CEO Carrie Wheeler during the company’s second-quarter earnings call.

The Impact of the NAR Settlement: A Catalyst for Change

The $418 million settlement involving the National Association of Realtors has introduced rule changes that are influencing commission rates. These changes include mandatory buyer agent agreements and the removal of offers of compensation from Multiple Listing Services (MLSs). However, as Redfin's Chief Economist Daryl Fairweather points out, these are not the sole factors contributing to the decline in commissions.

Daryl Fairweather stated, “Even before the blitz of publicity around the class-action lawsuits and NAR settlement, commissions were coming down. That’s partly because of the competitive housing market before and during the pandemic—which motivated some sellers to offer a low commission because they knew they could still attract buyers—and greater fee transparency.”

The Pandemic's Role in Shaping Commission Trends

The COVID-19 pandemic has had a lasting impact on the real estate market, influencing commission trends. The intense competition and low inventory during the pandemic led many sellers to offer lower commissions, knowing they could still attract buyers. This competitive atmosphere has persisted, contributing to the downward pressure on commission rates.

A Historical Perspective: The Slow Decline of Commission Rates

Over the past decade, buyer agent commissions have seen a gradual decline. Redfin’s research indicates that the average buyer agent commission has decreased from 2.89% in 2013 to 2.66% in 2023. However, the first seven months of 2024 have shown an accelerated decline, highlighting the impact of recent legal and market developments.

Legal Battles and Their Consequences: The Sitzer/Burnett Case

The Sitzer/Burnett case has played a pivotal role in reshaping commission structures. Attorneys for home sellers successfully argued that commissions were not decreasing rapidly enough due to price-fixing and steering practices. This led to a jury awarding $1.8 billion in damages, prompting defendants to negotiate a lower settlement that included changes to the buyer agent commission system.

Regional Variations: A Diverse Commission Landscape

The Redfin report reveals regional differences in commission rate changes, underscoring the complexity of the real estate market. While some areas, like Detroit, have experienced significant drops in average commission rates—from 3.18% in January to 2.87% in July—others, such as Cincinnati, have seen slight increases.

Looking Ahead: The Future of Real Estate Commissions

As the real estate industry continues to evolve, regional variations in commission rates are expected to become more pronounced. Fairweather predicts that consumer preferences and competitive dynamics will shape future commission structures. “Over time, I expect to see new service models where agents may offer different pricing and services based on what the buyer needs,” Fairweather said.

Highest and Lowest Commission Rates Across the Country

Redfin’s report highlights regions with the highest and lowest average buyer commissions. Austin, Texas (2.99%), Cincinnati (2.95%), and San Antonio, Texas (2.91%) top the list for the highest commissions, while Nassau County, New York (1.95%), Providence, Rhode Island (2.05%), and Anaheim, California (2.11%) have the lowest rates.

Adapting to Change: Navigating the New Real Estate Market

For both real estate professionals and consumers, staying informed about these changes is crucial. As commission structures evolve, buyers and sellers must adapt to the shifting landscape to make informed decisions in a dynamic market. Understanding the factors driving commission changes can empower consumers to negotiate effectively and choose the best services for their needs.

The decline in buyer agent commissions represents a significant shift in the real estate industry, influenced by legal, market, and consumer factors. As the August 17 deadline for NAR settlement-driven rule changes approaches, the real estate landscape is poised for further transformation, offering new opportunities and challenges for all stakeholders involved.