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Agents React to NAR Lawsuit Commission Change

Agents React to NAR Lawsuit Commission Change

Released Friday, 5th April 2024
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Agents React to NAR Lawsuit Commission Change

Agents React to NAR Lawsuit Commission Change

Agents React to NAR Lawsuit Commission Change

Agents React to NAR Lawsuit Commission Change

Friday, 5th April 2024
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Episode Transcript

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0:00

Hi everyone and welcome to the Bigger

0:02

Pockets podcast network. I'm your host today,

0:04

Dave Meyer. If you've been following along

0:06

the last couple of weeks both on the

0:09

Bigger Pockets podcast and our sister

0:11

podcast, the On the Market podcast,

0:14

we've been covering in depth the

0:16

NIR, National Association of Realtors

0:18

Antitrust Lawsuit Developments. For

0:20

those of you who haven't been following, first

0:22

and foremost, you can go listen to the

0:25

episodes we released last week, which was sort

0:27

of a factual accounting of

0:29

the lawsuits, what the jury decided,

0:31

what is in the actual settlement

0:34

that NIR agreed to last week.

0:37

Today, we're going to be going

0:39

into what happens from here. And

0:41

while last week we talked to

0:43

a reporter, this week we are

0:46

actually going to bring in four

0:48

experienced investor friendly agents to hear

0:50

first and foremost, their reaction to

0:52

this news about the NIR settlement,

0:54

what they're doing today to modify

0:56

their business, what they think might

0:58

happen in the future, and

1:01

how investors should be changing their

1:03

approach to working with real estate

1:05

agents. We have a great

1:07

lineup of guests today. First and foremost

1:09

is Avery Carl. You might have heard

1:11

her on the Bigger Pockets or On

1:13

the Market podcast before. She's a massive

1:15

agent and owns a big brokerage in

1:17

Florida called the Short-Term Shop. She also

1:19

wrote a book on short-term rentals for

1:21

bigger pockets. We have Craig Kirillop, who's

1:24

an agent out of Denver and the

1:26

founder of the Fi team. Next, we

1:28

have Juliet LaLau, who is an agent

1:30

working in both Hawaii and Denver. That

1:32

sounds awesome. And she is the founder

1:34

of Heavy Realty. And last but not

1:36

least, we have Mike Savignago, who is

1:38

an agent out of Chicago with United Real

1:40

Estate. And again, all of these are agents

1:43

who work with investors, have a lot of

1:45

experience in this industry and are going to

1:47

share their thoughts and insights about the changes

1:49

in the agent industry with us.

1:51

So let's get into it. Avery,

1:54

let's start with you in case any of

1:56

our audience is unfamiliar or didn't listen to

1:58

last week's show, where we sort of. When

2:00

into the technicalities of the

2:02

settlement, can you just fill

2:04

us in on how commissions

2:07

had traditionally been split prior

2:09

to this settlement? So.

2:12

While there hasn't been a set standard

2:14

because there is no standard to miss

2:16

and. What? Has typically happens

2:18

is when a listing agent goes

2:20

to take a listing is l

2:22

say hey mister seller and typically

2:24

we charge this amount and we

2:27

will split it with a buyer's

2:29

agent. So a separate agent that

2:31

is not affiliated with the listing

2:33

agents who brings a buyer usually.

2:35

Again there has been no standard

2:37

but it's usually city say seats

2:39

are a lot of. I think

2:41

that the general public is under

2:43

the assumption that it's always six

2:45

percent. It's not, it's always. Been

2:47

negotiable and I do think

2:49

that. There's. A little bit

2:52

of a misconception about what.

2:55

Has been happening prior to

2:57

this settlement so. Up.

3:00

Until now, it was required by

3:02

the National Association of Realtors works

3:04

a listing agent to offer some

3:06

compensation. Any compensation to a buyer's

3:08

agent. They couldn't offer zero dollars,

3:10

but they could offer one dollar.

3:12

And I think that a lot

3:14

of people aren't understanding that there

3:16

have been agents offering one dollar

3:18

commissions are five hundred dollar commission's

3:20

to buyers agent for decades. but

3:22

the public has not necessarily know

3:24

now so I think that's more

3:26

a we're dealing with here is

3:28

public perceptions than. Was actually been going on

3:31

out there in the real estate agent world up

3:33

until now. Thank. You for explaining

3:35

that because I do think there

3:37

a lot of confusion about how

3:39

things have worked traditionally particular for

3:41

people who are new to real

3:43

estate. never bought or sold the

3:46

home before and every. Now

3:48

that. This. Settlements

3:50

has been agreed upon.

3:52

How will this change?

3:55

I think it's again much more attains

3:57

in public perception. Then. It

3:59

is as. change in how things are done. And

4:01

I think that now

4:04

it's going to just be a

4:06

much more transparent conversation between buyers

4:08

agents and their buyers at the

4:10

beginning of the relationship and during

4:13

the relationship than it has been

4:15

before. Because up until now, buyers

4:18

haven't really been in the conversation as

4:20

much about what the commission being offered

4:23

is. And so I

4:25

think that there's gonna be a lot more

4:27

transparency, a lot more conversations happening sooner in

4:29

the transaction than there have been in

4:31

the past. Okay, thank you for

4:34

that background Avery, much appreciated. Mike, let's

4:36

turn it over to you. Do you

4:38

have the same understanding of how commission

4:40

negotiations will change as what Avery just

4:43

said? Yeah, I think like she said,

4:45

I mean, it's just gonna be more

4:47

awareness. And I recently

4:49

have had clients start reaching out

4:51

to me going, hey, what does this mean for

4:54

our transaction? Or what does this mean if I

4:56

list my house? I think they're

4:58

just more aware now that they

5:00

have options. Things are

5:02

negotiable, but honestly, I

5:04

haven't seen any of my clients do

5:07

this 0% commission for buyers.

5:09

They're still like, ah, I think we'll just

5:11

do it like we have been doing. But

5:13

I think that'll change a little bit. Is

5:15

there anything that you're doing in your business

5:17

proactively, Mike, to facilitate that change?

5:19

Or are you sort of just waiting to see

5:22

what happens? On the buyer side,

5:24

in case a listing agent doesn't have a

5:26

commission for me, I am

5:29

having my clients sign on

5:31

my exclusive contracts that if

5:34

in the event that a seller doesn't pay my

5:36

commissions, I am going to charge my buyer

5:39

a minimum or a percentage.

5:41

So yes, on my exclusive contract, I

5:43

am proactively putting that

5:46

in the contract in case a listing agent

5:48

doesn't want to pay me. I

5:51

haven't heard that. Is that something you

5:53

came up with? Or is this something

5:55

being adopted industry-wide? Well, I'm

5:57

in Chicago in my brokerage.

6:00

started doing that on our contracts and

6:02

my association. So I think

6:04

they're just kind of proactively getting ready for

6:06

this as well. Alright well Juliet

6:08

let's turn it over to you. I'd love to

6:10

just start by now. How did you

6:13

react when you heard about the settlement? Were

6:15

you surprised? I was a little surprised

6:17

but at the same time I think you know

6:19

I wasn't sure which direction this

6:21

was going to take the entire market. How people

6:23

were going to react in general was more my

6:26

concern was just how consumers, how

6:28

people that don't understand what maybe

6:30

agents do, what their reaction was going to be. It

6:32

was a little less on maybe how I was going

6:34

to get paid, what my future was going to look

6:37

like as an agent, but how

6:39

just the public was going to handle this

6:41

and how we were going to have to

6:43

untie a lot of knots due to media

6:45

misinformation or just people not understanding the process.

6:47

So at first it was a little bit

6:49

of confusion there but as I have been

6:52

really driving into understanding all of this

6:54

process better trying to immediately

6:57

make myself a better agent whether I'm

6:59

representing a buyer or a seller I'm

7:01

feeling a lot more confident even now

7:03

it's only been you know a few

7:05

days and that I've just been immersing

7:07

myself and I think that that preparation

7:09

and understanding of the entire process will

7:11

give people more confidence moving through this

7:13

change whether it happens or not. I

7:15

mean if this passes and goes through

7:17

it's going to have to affect everybody but if

7:19

it doesn't it's still going to affect a lot

7:21

of people that are now understand that it was

7:23

always negotiable and that they don't have to pay

7:25

and so how are we going to prepare for

7:27

that now and I think it's just a matter

7:29

of having knowledge and the more knowledge you have

7:31

the more confidence you have and so that's going

7:34

to be really important. That's a great perspective.

7:36

Craig I'd love to hear your opinion as

7:38

well. What was your reaction when you heard

7:40

the news? My first reaction when I ever

7:42

hear a news article that just blows up

7:44

is just like wait three

7:46

days and then kind of come back to it because

7:49

I don't like to fall into all the hype and

7:51

the like craziness that everyone is saying and

7:53

so I kind of did that. I waited a couple days

7:56

and then I just realized It's

7:58

all. It's more hype than anything else. I

8:00

forget the know this virus commission was

8:02

always negotiable. Now the buyers just know

8:05

that a sociable and so I take

8:07

You know what Mike said and when

8:09

Juliet said. I one hundred

8:11

percent agree with is that you now does

8:14

have to have those conversations up front with

8:16

your buyers. Bray actually bring your value and

8:18

I think this is a wonderful thing for

8:20

the industry. And makes it harder but

8:23

it's can eliminate fifty percent of the competition in

8:25

all of which are bad agents and no one

8:27

on this call is about isn't So we should

8:29

be very happy about this whole set of it.

8:31

So. I want to get back to that

8:33

idea of as some people leaving the industry but.

8:36

I can you just tell us a little

8:38

bit about logistically like how is this gonna

8:40

work so you start working with a buyer

8:42

What is this conversation going to look like.

8:45

Yes, I think it's just emphasizes the

8:47

importance of the buyer consultation. I think

8:49

a lot of agency to skip that

8:51

before, especially the inexperienced once and so

8:53

now there's gonna be a more and

8:55

a bigger emphasis. that's always what we're

8:57

done with our agents, on how to

8:59

actually have a have a conversation with

9:01

the buyer, sit down with them, run

9:03

them through the process, explain the value,

9:05

and explain why they would be foolish

9:07

to go on represented, or to go

9:09

with anyone else besides us in our

9:11

team or whatever. and hopefully they understand

9:13

that. And then of course I six

9:15

sellers. Are still if want to sell their

9:17

house? Are still going to. Offer.

9:19

A buyer's commission and the ages are enough to

9:21

look at on the deal by deal basis. When

9:23

they put enough or in haste is the silicon

9:25

pay for the commission or the not and mixer

9:27

they want to buy or know before they actually

9:29

right the offer ever did you want to japan.

9:31

Yeah just wanted to add to that because

9:33

I recently was a seller where this came

9:35

up so we bought last year like we

9:37

call on a fishing can't afford my husband

9:40

and the kids and I guess for me

9:42

sometimes that we live at the beach so

9:44

you can't get me off of each to

9:46

go to fishing campus ah to gonna hang

9:48

out at and we decided after six months

9:50

I think we bought a little too far

9:52

away. it's a little too much work. We

9:54

kind of want to sell this thing. And

9:56

when you go to sell land the

9:58

land asset class. The lot different from

10:01

the residential asset class that we're talking about.

10:03

And so we interviewed a few agents and

10:05

we picked one that we like the best

10:07

to sell it. And when we

10:10

got the contracts, a list of

10:12

property. There was a clause in there

10:14

that said. He could choose it.

10:16

It when he was not offering a buyer's

10:18

agent commission across the board, he was gonna

10:20

choose who would get whites. And you know,

10:22

we were not mean to sellers. We were

10:24

not in a bad financial position. we had

10:27

a need to fill which all sellers do.

10:29

They're selling for a reason rights, not necessarily

10:31

because they're going to go bankrupt if they

10:33

don't sell this properties. But our need was

10:35

oh, this is too far away as too

10:37

much. Let's get rid of it. And when

10:39

we saw that we said oh hey, you

10:41

know what? We. Don't like that we

10:44

want. Any. Buyers. To.

10:47

Have. Anybody. In the world who has a real

10:49

estate license like bring us or buyers because we want to

10:51

sell this thing we don't want it to sit on the

10:53

market so they. Mean. A We have to

10:55

keep paying mortgages on it and just sit

10:57

there if we can't get it sold so

10:59

he would not negotiate that with us. He

11:02

said if you know some agent that I've

11:04

never worked with that I don't know who

11:06

they are, their residents of residential agent who

11:08

doesn't know how to do Lance, I'm going

11:10

to pay them less than somebody who I

11:12

do lands with often and we didn't like

11:15

that. We said I don't care who's like

11:17

Aunt Susie agent it is, we want their

11:19

buyer if they're qualified. We want them to

11:21

buy this house from us and in this

11:23

property from us. And we ended up

11:25

not using that agent going of finding it

11:27

agent that was offering a decent buyer's agent

11:30

commission. He was offering City City to anyone

11:32

who brought a buyer because we wanted more

11:34

buyers and we're happy to pay someone's agent

11:36

to bring them to us so we can

11:38

get this sold And so I think they're

11:40

I don't think that all of a sudden

11:42

all of the sellers in the country are

11:44

going to say oh, we're not paying these

11:46

to want you know I'm willing to offer

11:48

other agents. A commission to bring me

11:51

buyers as I do have a need to get

11:53

this sold even though it's not necessarily a financial.

11:55

One of the great point and I feel for that

11:57

easy because if I were him I would not want

11:59

it. negotiate with you over an

12:01

agent contract, given your expertise. Okay,

12:06

so we need to take a quick break,

12:08

but when we come back, more from these

12:10

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12:12

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back every one of here with agents

15:26

every Juliet Creggan Mike talking about the

15:28

and I are settlement, let's jump back.

15:31

July. I am curious. are you know we

15:33

talked a little bit and you all seem

15:35

like pretty calm about this after say like

15:38

i you know you really things on the

15:40

internet and view or social media never and

15:42

seems to be freaking out and all four

15:44

of you just have this calm demeanor to

15:46

as you think that's universal across the industry

15:49

or our peoples are like crack said maybe

15:51

new or our agents or less experience agents

15:53

are they concerned about this may be more

15:55

than the for view or. i would

15:58

imagine agents with less experience engine no matter

16:00

how long you've been in the business, if

16:02

you haven't been having these types of conversations

16:04

or been really been through these processes, you

16:06

might be a bit more nervous because you're

16:09

not going to be as prepared. And there

16:11

will be agents who will be more prepared

16:13

who understand how to have these conversations with

16:15

their listing agents and with their sellers, there's

16:17

going to be somebody that's going to be

16:21

having these conversations already or has been doing

16:23

them for years. And if you haven't been

16:25

doing them, you might be a bit nervous.

16:27

I think that with

16:30

what Craig was saying, and what a lot of

16:32

people are saying, there certainly are going to be

16:34

a huge exit of agents, those people that were part

16:36

time, the people that don't want to do the hard

16:39

work, because it is going to be more

16:41

work. And some people don't like that. And

16:43

some people certainly thought that getting your license

16:45

was super easy. All you have to do is open

16:47

doors, that it's just a walk in

16:49

the park. And that has never been the case,

16:51

at least ever for me, it's always been extremely

16:54

difficult one way or another, every transaction is different.

16:56

And I think that a lot of people are

16:58

certainly going to be bummed out that they now

17:01

have to work harder. I'm actually more excited that

17:03

I have to work harder, be better, be smarter.

17:05

And some people are certainly not going to feel that

17:07

way. Do you think that we're

17:09

going to see this sort of

17:11

mass exodus of people like people

17:13

say like half, you know, NAR

17:15

might lose two thirds of their

17:17

membership. Do you think it could

17:19

be that dramatic? Honestly, I think it

17:21

could be I mean, with just the way that rates

17:23

are, and just maybe there's other job opportunities now that

17:26

have been opening up for a lot of people, I

17:28

think that it could be, I would

17:30

hope that there would be a small glimmer

17:32

of that number that actually proves to be

17:34

wrong, where you have people saying, you know

17:36

what, I'm not going to be part of

17:38

that demographic or that percentage, I'm actually going

17:40

to use this opportunity to make myself better

17:42

and to do the work. I don't know

17:45

how many people think that way. I don't

17:47

know how many other people have other options.

17:49

I myself have given myself no other option

17:51

Except for real estate. So it's, you know, just one

17:53

direction that I have to go, burn the boats type

17:55

of a thing. So There's no exit. So It's just

17:57

gonna have to make me better. And You know, there

17:59

might. The other people that have another

18:01

opportunity that looks better is easier is

18:03

more convenient that they might go to

18:05

so we we will see that over

18:07

time. I'm a little thrilled as Craig

18:09

was saying that if there are more

18:11

agents bad agents that leave that's going

18:13

to be wonderful for everybody else that

18:16

stays an for all of the consumers,

18:18

sellers and buyers investors it's gonna be

18:20

a benefit to everybody. asks if that

18:22

agencies. As as a gray perspective

18:24

and love the book Burn The Boathouse.

18:26

Going to mention that after you were

18:28

talking about giving yourself no other option

18:30

if anyone wants to read it paper

18:33

about just sort of like forcing yourself

18:35

to find success in your chosen path.

18:37

Highly recommend it. Like I think, given

18:39

how measured all of your approaches are

18:42

here I'm I'm curious if you see

18:44

that working with investors. Is.

18:46

Going to insulate you a little bit

18:48

were sort of seems the prospect for

18:50

ah, investor friendly agents and maybe it

18:52

might be a little bit different for

18:55

people who focus on traditional homebuyers of

18:57

sort of heard this line of thinking

18:59

were some people are like all investors

19:01

are now going to stop paying a

19:03

buyer's agent because they've done this before

19:05

and if you're going to do a

19:08

lot of transactions, maybe it behooves them

19:10

to learn how to do the transactions

19:12

and they're going to do it themselves.

19:14

I've heard that. I. Went

19:16

to Vassar. I'd have no interest in becoming

19:19

a real estate agent and I will always

19:21

your refuse a real estate agents but I

19:23

hear sort of these contradictory. Ideas.

19:25

I'm just curious if you think

19:27

that investors are working with. investors

19:30

may be. Fair differently as

19:32

an agent in the future. Yeah.

19:34

I got I'm I'm mostly work

19:36

with Arm Investors and. I.

19:38

Mean. He. Knows he can't just put

19:40

him on one block. it as. You.

19:43

Know what kind of and bus or they are cause there's

19:45

a lot of investors who. Know. How

19:47

full time jobs and. They. Really

19:49

don't know much about construction in

19:51

distress property so they have a

19:53

we rely on me. Who. Was

19:55

also have a general contractor. Back.

19:58

In a day to actually look at a distrust. and

20:00

go, hey, foundation's gone, you don't

20:02

want this one. And look at another one,

20:04

go, hey, it's just cosmetic, 20 grand,

20:07

you're going to gain 50k equity.

20:09

So I think working with those

20:11

type of investors, they're still going to

20:13

see our value. And they're going

20:15

to want to work with a buying agent because we're

20:18

bringing value in and they don't have time to go

20:20

look at 30, 40

20:22

deals. They just want you to bring them

20:24

the good deal that makes sense for

20:26

their situation. So no, I think

20:28

investors are still going to

20:30

want to work with buying agents. And I mean, I've

20:33

had multiple situations where

20:37

listing agents were changing leases or

20:39

updating leases that were under

20:41

market. And I found it during the closing

20:44

process, stuff like that. And so we

20:46

always have to keep what

20:50

they want part of what we're doing. And

20:52

I think that's the importance of

20:55

buyer agents. Well said, Avery, did you want

20:57

to jump in? Yes. Yes. So

20:59

what I wanted to clarify is that

21:01

there's always going to be those Fisbo

21:03

type people out there that are doing

21:05

for sale by owners or the type

21:08

of people who are going direct to

21:10

listing agents and aren't using buyers agents.

21:12

Like that's, you've never had to use

21:14

a buyer's agent. It's not like all of a sudden you

21:16

don't have to use one. But an example that I want

21:18

to give is we had

21:21

a very, very large hedge fund that

21:23

if I name it, everybody would recognize

21:25

it, client listing client earlier this

21:27

year that they bought a couple of years

21:29

ago. And they're going to sell quite a

21:32

bit of their portfolio. And they went direct

21:34

to listing agents, because you know, they've got

21:36

data that none of us could ever hope

21:38

to even see they got unlimited money and

21:40

limited access to data. And

21:42

they bought several short term rentals in a few

21:44

of our markets. And what happened was,

21:47

there were things that needed to be

21:49

disclosed about these properties, the septic system

21:52

specifically, where the listing

21:54

agent on these was from out of

21:56

town and did not properly disclose that

21:58

these five bedroom properties of them

22:00

were on one bedroom septic. Well, in

22:02

that market, you have to list a

22:04

property according to the number of bedrooms

22:06

the septic is rated for, which is

22:09

one. But they were both listed as

22:11

five bedroom properties. They bought these properties.

22:14

And when they came to list them with us, we

22:16

had to unfortunately let them know like,

22:18

Hey, guys, you don't have to

22:20

five bedrooms, you've got to one bedrooms that we now

22:22

have to list as one bedrooms, you bought them as

22:25

five bedrooms. And of course, I

22:28

didn't would not say this to them. But like, any

22:30

good buyer's agent in the market would have known

22:33

like, Hey, we need to check this out, this

22:35

needs to be disclosed. Because now

22:37

they're in a bad situation. And that a

22:39

couple with us a few other things, they're

22:41

going to be down about a million dollars

22:43

across this portfolio because of these

22:46

very data driven decisions, that they

22:48

didn't have that qualitative information of

22:50

a local expert to tell them,

22:52

hey, we don't need to buy this,

22:54

or you know, maybe we need to look elsewhere. So the people

22:58

that aren't using agents are just not going to

23:00

use agents, those people have always existed, but the

23:02

value of using one to help you not make

23:04

those million dollar mistakes that a Wall

23:07

Street fund that has, you know, like I

23:09

said, access to everything we could never dream

23:11

of having for making million dollar

23:13

mistakes. So I think another thing to think

23:15

about when investors, you

23:17

know, in the conversation of having investors

23:19

use buyers agents, sometimes investors don't see

23:21

things in the eyes of the buyer,

23:23

they're going to just be seeing things strictly as

23:26

numbers, they're going to be seeing, you know, they

23:28

don't see what someone is going to want to

23:30

appreciate in a home, what the neighborhood

23:32

is really like, they're just coming at it with the

23:34

numbers and how they're going to make out afterwards. And

23:36

having a buyer's agent that can understand what a

23:39

consumer actually wants, and having those viewpoints is

23:41

really valuable that sometimes they don't have some

23:43

of them have that they're really, really good,

23:45

they might not need it need agents, as

23:47

they were saying, but there are going to

23:49

be some that do want someone's input and

23:51

are going to want that expertise that they

23:53

might not always think about or have just having an

23:55

extra set of eyes is going to be very helpful for

23:57

them. Craig, I'd like to get your your take on this.

24:00

investor thing. Do you think that

24:02

sort of differentiating yourself as

24:04

an investor focused, an investor friendly

24:07

agent is going to change

24:09

the way you navigate this upcoming

24:11

shift? Yeah. So I think

24:14

it's great to focus on investors. But

24:16

I think like what one thing that I've kind of

24:19

been thinking about even the last couple of years as

24:21

just the market has changed, not even just with this

24:23

whole NAR settlement, is that I think

24:25

it's silly to just have one kind

24:27

of customer like, right? Because then if

24:30

the investors go away for some reason in your

24:32

market, now you're totally severed. You don't have anything

24:34

else. So we've been pivoting as well, getting more

24:36

into the residential space as well. Of course, we've

24:38

still got our investor arm, but we're doing a

24:40

lot more with just traditional people buying

24:42

homes and stuff like that. And so one thing I

24:44

wanted to add to kind of the previous conversation was,

24:48

there's a reason why there are people out there that

24:51

are full-time investors and full-time, like

24:53

a full-time investors that aren't agents and

24:55

full-time agents that aren't investors. They're two

24:57

completely different things. And

25:00

to think that one person can do the other as

25:02

well as it's like saying an electrician

25:04

can do the same job as a plumber, right?

25:06

Like they both know how to work on houses, but

25:09

they're two totally different things. And so I

25:12

think that, you know, you might see some people

25:14

try to do each, but like Avery just

25:16

brilliantly pointed out, they might catch

25:18

themselves with some massive losses by not having

25:20

a trusted professional doing the correct side of

25:23

the transaction. Okay, we have to take one

25:25

more short break, but we'll be right back.

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Of the back to beg your pockets. Let's get

29:56

back into our conversation. So. mike

29:59

let's let's start with you I'd like

30:01

to turn the conversation here a little

30:03

more towards advice. So Mike, if there

30:05

is an agent out there who's maybe

30:07

newer or not is feeling

30:10

uncomfortable, uncertain about the upcoming changes in

30:12

the industry, what advice would you give

30:14

them? What should people be thinking about

30:16

and doing right now? I

30:18

think just transparency is going to be

30:20

super important upfront and

30:22

telling your clients or potential clients,

30:24

Hey, there's this, you know,

30:27

issue going on right now, things are

30:29

kind of pretty negotiable right now. Um,

30:31

and just kind of being upfront about what

30:34

the options are, what the

30:36

benefits of those options are. Um, you

30:38

know, as we talked about before, yeah,

30:40

you could not pay a buyer's agent,

30:42

but who's going to come see your

30:44

house if you're not paying them. So,

30:47

you know, go over those options, um, kind

30:49

of let them decide. And,

30:51

um, I think protecting yourself too,

30:53

with the contracts that you have,

30:56

um, with minimums, you know, saying, Hey,

30:58

if someone, you know, the buyer agent

31:00

or the seller agent doesn't want to pay us, you

31:03

know, I have to charge you at least

31:05

four grand or whatever for my time of

31:08

driving around and helping you assess

31:10

these properties, et cetera. Um, so

31:12

I think just transparency and trying to protect

31:14

yourself as best as possible. That's

31:17

great advice. Avery, same question. How would

31:19

you counsel an agent right now? So

31:22

what my advice would be just to chill

31:24

out and wait and see. The

31:27

real estate industry is incredibly slow moving. Wait

31:29

to kind of see what happens. And we

31:31

had a really perfectly timed

31:33

thing happen yesterday and today, right?

31:35

Just in time to talk about

31:37

this on the podcast. So we

31:40

on the buyer side had our first

31:43

buyer who wanted to buy a property, make an offer on

31:45

a property that was offering 0%, uh, to a buyer's agent.

31:49

And so our agent let the buyer

31:51

know they went to the seller, to

31:53

the listing agent said, Hey guys, we want to make

31:55

an offer. You guys willing to pay a buyer's agent?

31:58

They said, you know, just submit the offer. So we

32:00

put everything in and said, okay, you know, you guys

32:02

are going to pay the buyer's agent X amount. The

32:04

seller said, I'm not paying a buyer's agent period. Like

32:07

I'm not paying for that. We'll let the buyer pay for that. So

32:09

we go back to the buyer and we said, Hey, you know what?

32:12

Seller doesn't want to pay. So

32:14

we're going to have to figure out, you know, how, what

32:17

do you, how do you guys want to move forward with? We

32:20

can't work for free. So if you guys

32:22

want to move forward with this deal without us, you're welcome

32:24

to do that. Or we can figure out

32:26

a way for, you know, you guys to pay the buyer's

32:28

agent fee, whatever that is, we'll work it out. Or

32:31

you know, what do you want to do?

32:33

And the buyer said, I don't want to buy this

32:35

house, but we've been working with you guys for a

32:38

year. Let's go find something that works where they are

32:40

offering one. So we said, wow, okay, we'll

32:42

go find you another one. Today that

32:44

same seller called back and said, Hey, actually

32:46

we will pay you submit the offer because

32:48

we weren't going to offer at all. So

32:50

I think that, you know, that kind of

32:52

illustrates the point of like, if

32:55

you just really, really want, there's going to be

32:57

those people regardless. The people who are

33:00

going to go direct to a listing agent who don't want to

33:02

use a buyer's agent. Those people have been out there forever and

33:04

they do it that way. And then there are

33:06

also the for sale by owner people who don't

33:08

want to pay an agent at all that have been listing

33:10

that way for decades. So nothing

33:12

is really changing that much except the

33:15

conversation that has to be had around

33:17

it. Well, thank you for sharing that

33:19

story. That is that's super interesting. I was wondering

33:21

how quickly this was going to start happening. It

33:23

sounds like these kinds of things are

33:25

already happening, but maybe it's

33:27

just this like temporary turmoil here. And,

33:29

you know, it sounds like the seller

33:32

and their agent sort of figured this

33:34

out and we're able to find

33:36

something agreeable in just a couple of days. I

33:38

just wanted to add something on that on what what to

33:40

be saying to either new agents or just people that are,

33:42

you know, worried about what's going to happen next, whether

33:45

or not this goes through. I think the

33:47

best thing is to just take this as

33:49

an opportunity to just improve yourself now just

33:52

to be a better buyer's agent now and

33:54

really just understand the entire process and start

33:56

educating people today. Just use it no matter

33:58

what happens as an opportunity. to just

34:00

become better now. That's

34:02

such a good point too, because buyers are

34:05

probably also wondering about what's happening. And as

34:07

Mike said, and as you said, Julia, like

34:09

just being transparent and helping them understand and

34:11

show that you have nothing to hide and

34:14

you're trying to navigate through the situation with

34:16

them, I'm sure we'll build a lot of

34:18

rapport and trust with your clients. Let's

34:20

turn to the investor side of things. Craig,

34:23

if you were an investor who's trying to

34:25

figure out how to navigate this situation, is

34:27

there anything as, if you

34:29

were buying a new house, is there

34:31

anything you would be doing differently or

34:33

questions you would be asking your agent

34:36

right now? I think this just really

34:38

emphasizes the importance of using a good

34:41

agent, because effectively now the

34:43

buyer, the buyer always paid for it, but

34:45

now everyone knows that it's negotiable, so it seems a

34:47

little bit more seriously that the buyer is paying for

34:49

it. And so I think you need to ask just

34:52

some serious questions about, hey

34:54

agent, do you have any investments yourself?

34:57

How can you help me? Do you have contractors? Do you have

34:59

all of the things that you're looking for an investor friendly agent?

35:01

Like you've just got to make sure to ask the

35:04

appropriate questions to make sure that you're getting the

35:06

best value for the agent. I

35:08

don't think you can use your uncle anymore just because

35:10

he's your uncle. And I

35:12

think that's going to be really the biggest thing. I

35:14

was just going to add to that. And I think,

35:16

Craig, it's important that yeah, you do have a realtor

35:19

who has the experience of houses that you're

35:21

trying to buy. I mean, there's

35:23

so many times I've run into realtors who are

35:25

selling houses. They don't even own a house. I

35:28

call them real estate agent posers. I mean, how

35:30

are you going to sell houses to people when

35:32

you don't even have one yourself? And not to

35:34

try to get on people who are not in

35:36

a good situation. But if you're

35:38

in this profession and especially if you're working with

35:40

investors, you should have an

35:42

investment portfolio to work with those. I do,

35:45

so I can say, hey, this is

35:47

how an Airbnb property works.

35:49

This is how a short term or long term

35:51

rental property. This is how a multi-unit works. And

35:54

that's what I think makes me a good agent for those. types

36:00

of clients. And so

36:03

I think finding those types of realtors

36:05

is going to be really important

36:07

for investors moving forward. That's great

36:09

advice. And as someone who's not an agent, me,

36:12

but has interviewed dozens and dozens of

36:14

agent, it is so obvious.

36:17

Like when you meet with an agent, who

36:20

knows what they're talking about and has worked

36:22

with investors before. And it and

36:24

ones who really are just trying to

36:26

sell you on the home buyer, dream

36:29

home kind of thing. And I think

36:31

the more that you can talk about

36:33

numbers or talk about your own personal

36:35

experience, the good and the bad. Like

36:37

I personally love that when agents tell

36:39

me, oh, I had this bad experience

36:41

or, you know, I used to

36:43

recommend this contractor, but it didn't work out. It's

36:45

like, that's just the business. That's just how

36:48

it works. And the more transparent you can

36:50

be and more you can show

36:52

that you understand the things that

36:55

real estate investors are thinking about, the

36:57

better you're going to be. Before we

36:59

go, Avery or Juliette, do either of

37:01

you have any thoughts or advice that

37:03

you want to give to investors? I

37:06

would say, you know, to investors, just keep

37:09

in mind the value that some of these

37:11

agents are really bringing to you. And if there's some that are

37:13

not bringing value to you, you know, really kind of

37:15

interview others who can really help you through the

37:17

process, whether it's finding off market deals or negotiating

37:19

really strongly for you, or when

37:21

it comes to the sell side, really representing

37:24

you very well and being able to find

37:26

a great buyer's agent and compensating that buyer's

37:28

agent appropriately. It's going to

37:30

be a really good time to just focus

37:32

on who can serve you best and really

37:34

just have a better interview process to what

37:36

Mike was saying earlier. I agree.

37:38

Just making sure that you're asking the right

37:40

questions of every agent and not just going

37:43

with the first agent that slides into your

37:45

DMs because you went on a Facebook group

37:47

for the market you want to buy in

37:49

and said, I'm looking for an agent. Make

37:52

sure that you interview everyone and ask the

37:54

right questions to make sure that they are

37:56

the best value, the best person to do

37:58

the job for you. I think. I think the process

38:00

might slow down a little bit. I think before

38:03

you could hop on bigger pockets, get an investor

38:05

from the agent, go see a house that afternoon

38:07

and put under contract. Now

38:09

the buyer's agent, and just to let all the buyers

38:11

know, is that it's gonna probably be a little bit

38:13

more like, hey, there is going to be a buyer's

38:15

consultation. They are gonna actually show you the value that

38:17

they provide so that you will then

38:20

sign an exclusive right to buy

38:22

and commit to that person before going

38:24

to see that house. And so I

38:26

think those days might be past us where you

38:28

can get into houses in 30

38:31

seconds. Well, that sounds like another maybe

38:33

good side effect, silver lining thing here. That

38:36

like if it forces you to really talk,

38:39

interview your agent and pick the best

38:41

one, that's probably best for agents and

38:43

investors over the long run. Should

38:46

have been doing that anyway. Yes.

38:49

Definitely should have been doing that anyway. But if

38:51

this is a reminder and will force people to

38:53

do it, maybe it's just the kick in the

38:55

butt some people need. All

38:58

right, well Avery, Mike, Juliet, Craig, thank

39:00

you all so much for being here.

39:02

We really appreciate you sharing your insights,

39:04

your expertise and this somewhat confusing but

39:06

interesting time in the real estate investing

39:08

industry. We hope to have you all

39:10

back sometime soon so we can hear

39:12

about how things actually play out over

39:14

the next couple of months. Awesome, thanks

39:17

a lot. Thanks. Thank you.

39:19

Thanks so much, Dave. Good to see you. Thanks

39:21

again to the whole crew that was

39:23

here for sharing their insights and information

39:25

here. I was genuinely surprised about how

39:27

calm everyone was because if you go

39:29

on social media or anywhere really, right

39:31

now you see these headlines that are

39:34

like everything's going to change and I

39:36

have to admit there have been times

39:38

where I've thought that this is going

39:40

to be a huge, pretty monumental shift

39:42

in real estate in the whole real

39:44

estate industry. And while we don't

39:46

really know what's going to happen, we're gonna have

39:48

to see how things played out, I found the

39:50

conversation that we just had a

39:52

bit reassuring to hear that real

39:55

estate agents are still finding ways

39:57

to add value and to be

39:59

beneficial to... transactions for the people that

40:01

they work with and I just generally agree

40:03

with this sentiment that a lot of them

40:05

shared which is that If

40:07

you're good at what you do And if you

40:09

pursue excellence and you add value that

40:11

there's always gonna be a place for

40:13

you even you know That's true in

40:15

the real estate industry. It's true as

40:17

an agent. It's true in almost any

40:19

industry So I really appreciated that input

40:21

from all of our guests here today

40:23

and hope that it's true for real

40:25

estate agents So I'll leave you all

40:27

with that always try to find ways

40:29

to add value whether you're an investor

40:31

an agent or anything else And

40:34

if you do want to meet an investor friendly

40:36

agent like we talked about today You

40:38

can always do that for free at bigger

40:40

pockets calm slash agent finder Just put in

40:42

a little information about yourself and you'll get

40:44

matched with an investor friendly agent who can

40:46

help you with your next Deal for

40:49

bigger pockets. I'm Dave Meyer. Thanks for listening

40:57

You

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