NAR Settlement Q&A with Leo Pareja, Holly Mabery, & Kendall Bonner 

Check with your local leadership for effective dialogues with buyers when presenting the BBA and how to ask a seller to cover the cost of your professional fee. If that information is unavailable, I am happy to help. Let me know.

Thank I will

I am selling my property my agent failed to disclose anything about the lawsuit, when I ask about the commision he said it is a sellers responsibility I feel intentinaly being misled d​@@damionboyce9187

What happens now I dont want to pay a buyers commision is my selling contract void?

Yes when you start showing properties with intent to earn a commission

Probably

Listing agents are already stating or communicating BA compensation, offered by the seller, in social posts and personal websites since MLS rules are changing in August. There doesn’t seem to be any rules against this type of advertising.

Why would a buyer do that? It seems to me they would just ask for the extra amount above the BA agreement just be credited to closing costs. Geez……people are really trying to fight any changes, they would rather go down like the titanic while still singing tunes the ship is going to float, rather than spend one ounce of time developing more life rafts for an alternate path. The wailing and cries of a dying dinosaur…..geez I need headphones. Commissions need to be completely decoupled. Period.

Yes. There isn’t a rule prohibiting a new EBBA from being signed. Part of your value proposition might be that you use the difference for the buyer.

@damionboyce9187 -- good point. Thanks for putting it nicely and making that point. And I wasn't sure what would happen to the difference... Would the seller keep it or would automatically go to the buyer. I just didn't know. For others assuming my comment was an inquiry with malicious intent -- I'm not trying to cheat anyone. if I were trying to be sneaky or resisting the change, I would be more sneaky about it and not seak the buyers approval. Lol. It's a scenario that came to my mind that and would like to know the options if it were to happen. I'm all about transparency. In addition, I'm a relatively new agent so I'm not stuck in any old ways.

There are several problems with amending the BBA after the fact so the buyer agent themselves can receive the total higher compensation amount offered by the seller: 1) You have a fiduciary duty to your client. If it’s a seller concession, it should go directly to the buyer. If it is a higher set percentage to the buyer agent, the listing agent has a duty to their seller to not overpay if they don’t have to. 2) The amended BBA might not be enforceable because there was no bargain for consideration in making the amendment which is typically needed in service contracts. Again, this is just another example of why a full decoupling of commissions is needed.