NEW REAL ESTATE COMMISSION RULES: WHAT YOU NEED TO KNOW

As the real estate industry continues to evolve, so too do the regulations and rules that govern it. The year 2024 has brought significant changes to real estate commission structures that will impact both buyers and sellers across the country. Understanding these changes is crucial for anyone involved in the real estate market, whether you're a first-time homebuyer, a seasoned investor, or a homeowner looking to sell your property. In this comprehensive blog post, we’ll delve into the new real estate commission rules that came into effect in August 2024, examining what these changes mean for all parties involved and how they could specifically impact the Sacramento real estate market.
Understanding Real Estate Commissions: A Brief Overview
Before diving into the new rules, it's important to have a clear understanding of how real estate commissions work. Typically, when a home is sold, the seller agrees to pay a commission to the real estate agents involved in the transaction. This commission is usually a percentage of the home's sale price and is split between the seller's agent and the buyer's agent.
Traditional Commission Structure
Historically, real estate commissions have been relatively straightforward. The seller typically pays a commission fee, which ranges from 5% to 6% of the final sale price of the home. This fee is then divided between the seller's agent and the buyer's agent. The exact split can vary, but it is commonly a 50/50 division.
For example, if a home sells for $500,000, and the agreed-upon commission is 6%, the total commission would be $30,000. In a traditional scenario, the seller's agent and the buyer's agent would each receive $15,000.
Who Pays the Commission?
In the traditional real estate model, the commission is typically paid by the seller. This has been the industry norm for many years, with the understanding that the commission fee is built into the sale price of the home. However, the way commissions are structured and who pays them has been a topic of ongoing debate and scrutiny.
What Are the August 2024 New Real Estate Commission Rules?
In response to growing concerns about transparency, fairness, and the overall cost of buying and selling homes, regulators have introduced new rules governing real estate commissions. These changes are designed to create a more transparent marketplace, where both buyers and sellers have a clearer understanding of how commissions are determined and paid.
1. Buyer-Paid Commissions: A Shift in Responsibility
One of the most significant changes introduced in August 2024 is the shift in responsibility for paying the buyer's agent's commission. Under the new rules, buyers are now expected to pay their agent's commission directly, rather than having the seller cover this cost.
Implications for Buyers
- Greater Control Over Costs: Buyers will now have greater control over how much they are willing to pay their agent for services. This could lead to more competitive pricing among buyer's agents and potentially lower commission fees.
- Need for Budgeting: Buyers will need to account for this additional cost when budgeting for a home purchase. This change could impact how much home a buyer can afford, as they will need to set aside funds for their agent's commission.
Implications for Sellers
- Reduced Financial Burden: Sellers will no longer be responsible for covering the buyer's agent's commission, potentially reducing the overall cost of selling a home. This could make it easier for sellers to price their homes more competitively.
- Potential Impact on Sale Price: With buyers now responsible for their agent's commission, sellers may need to consider how this change will impact buyers' purchasing power and adjust their asking prices accordingly.
2. Transparent Commission Disclosure: Clarity and Fairness
Another key aspect of the new rules is the requirement for transparent commission disclosure. Real estate agents must now clearly disclose the commission structure to both buyers and sellers at the outset of their engagement. This includes specifying the exact percentage or dollar amount of the commission and who is responsible for paying it.
Implications for Buyers and Sellers
- Increased Transparency: Buyers and sellers will have a clearer understanding of how commissions are structured and what they are paying for. This transparency is expected to foster trust and reduce misunderstandings or disputes related to commission fees.
- Empowered Negotiations: With greater clarity around commission fees, both buyers and sellers will be better equipped to negotiate commission rates with their agents. This could lead to more customized commission agreements that reflect the specific needs and circumstances of each transaction.
3. Performance-Based Commissions: Incentivizing Results
The new rules also encourage the adoption of performance-based commissions. Under this model, a portion of the agent's commission is tied to specific performance metrics, such as the final sale price of the home or the time it takes to close the transaction.
Implications for Sellers
- Aligned Interests: Performance-based commissions align the interests of the seller and the agent, incentivizing the agent to secure the best possible outcome for the seller. For example, an agent might receive a higher commission if they sell the home for more than the asking price or if they close the sale quickly.
- Customized Commission Agreements: Sellers can work with their agents to develop commission agreements that reflect their priorities, whether that's a quick sale, a high sale price, or another goal.
Implications for Agents
- Potential for Higher Earnings: Agents who excel at meeting or exceeding performance targets may have the opportunity to earn higher commissions. This could attract top talent to the industry and motivate agents to deliver exceptional service.
- Risk of Reduced Earnings: On the flip side, agents who do not meet performance targets may earn less than they would under a traditional commission structure. This could create additional pressure and risk for agents.
4. Flat-Fee and A la Carte Services: Customizing the Homebuying Experience
In addition to performance-based commissions, the new rules encourage the use of flat-fee and a la carte services. This allows buyers and sellers to choose and pay for only the specific services they need, rather than a full-service package.
Implications for Buyers
- Cost Savings: Buyers who are comfortable handling certain aspects of the homebuying process on their own (such as property searches or attending open houses) can save money by opting for a la carte services rather than a full-service package.
- Customization: Flat-fee and a la carte services offer buyers the flexibility to tailor the homebuying experience to their needs and budget.
Implications for Sellers
- Cost Control: Sellers can choose from a range of services offered by their agent, potentially lowering their overall selling costs. For example, a seller might opt for a flat-fee service that includes listing the property on the MLS and handling negotiations but not staging or marketing.
- Flexibility: This model allows sellers to customize their level of agent involvement based on their experience and comfort level with the selling process.
5. Enhanced Consumer Protections: Safeguarding Buyers and Sellers
The new rules also include enhanced consumer protections to safeguard buyers and sellers throughout the real estate transaction process. These protections include stricter requirements for agent licensing, increased oversight of commission practices, and more robust dispute resolution mechanisms.
Implications for Buyers and Sellers
- Increased Confidence: Buyers and sellers can have greater confidence that they are working with licensed, qualified professionals who adhere to industry best practices.
- Resolution of Disputes: The new rules provide clearer pathways for resolving disputes related to commission fees or agent conduct, reducing the likelihood of costly legal battles.
Impact on the Sacramento Real Estate Market
The introduction of the new real estate commission rules in August 2024 will have a significant impact on the Sacramento real estate market. As one of California's most dynamic and rapidly growing cities, Sacramento's real estate market is characterized by strong demand, rising home prices, and a diverse population of buyers and sellers.
Sacramento Buyers: Adapting to the New Commission Rules
The shift to buyer-paid commissions will require Sacramento buyers to adjust their approach to purchasing a home. With buyers now responsible for paying their agent's commission, it will be essential for them to carefully budget for this additional cost.
Tips for Sacramento Buyers
- Consult with a Local Lender: Working with a local lender can help buyers understand how the new commission rules will impact their mortgage affordability and overall homebuying budget.
- Negotiate Commission Rates: Buyers should feel empowered to negotiate commission rates with their agents, especially if they are working with a limited budget.
- Explore A la Carte Services: Buyers who are comfortable handling certain aspects of the process on their own may want to consider a la carte services to save on commission costs.
Sacramento Sellers: Navigating the Changes
For Sacramento sellers, the new rules present both opportunities and challenges. On the one hand, sellers will no longer be responsible for covering the buyer's agent's commission, which could reduce their overall selling costs. On the other hand, sellers may need to carefully consider how the shift in commission responsibility will impact buyer behavior and market dynamics.
Tips for Sacramento Sellers
- Work with a Knowledgeable Agent: It will be more important than ever for sellers to work with an experienced, knowledgeable agent who can navigate the complexities of the new rules and develop a customized commission agreement.
- Consider Performance-Based Commissions: Sellers who are focused on achieving specific goals (such as a high sale price or a quick sale) may want to explore performance-based commission agreements with their agent.
- Stay Informed: Sellers should stay informed about how the new commission rules are impacting the Sacramento market and be prepared to adjust their pricing and marketing strategies accordingly.
The new real estate commission rules introduced in August 2024 represent a significant shift in how real estate transactions are conducted in Sacramento and beyond. While these changes are designed to increase transparency, fairness, and consumer protection, they also require buyers, sellers, and agents to adapt to a new way of doing business.
Whether you're a first-time homebuyer, a seasoned investor, or a homeowner looking to sell your property, it's essential to stay informed about the new rules and work with experienced professionals who can guide you through the process. By understanding the implications of these changes and taking proactive steps to navigate the new real estate landscape, you can achieve your goals and make the most of your real estate transaction in Sacramento.
If you're looking to learn more about buying, selling, relocating or get the best real estate experience in the Sacramento area, get in touch with CJ Domondon. His team can provide valuable insights and guidance to help you navigate the market. You can contact CJ Domondon directly to schedule a consultation or discuss your real estate needs.
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