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Will new real estate commission rules make homes cheaper—or more expensive—for SF buyers?

The San Francisco Standard
March 20, 2024
Kevin V. Nguyen
Will new real estate commission rules make homes cheaper—or more expensive—for SF buyers?
Days after the National Association of Realtors announced its $418 million settlement, The Standard asked local experts what the commission changes would mean for San Francisco. Danielle told the paper that negotiations were unlikely to shift dramatically overnight, because demand in the region still greatly outstripped supply and buyers had more research tools available than ever before. She added that in a slow San Francisco market it would not surprise her to see sellers keep paying the buyer's agent fee as a way to move sales along. The reporter paraphrased her contribution rather than quoting her directly.

About the article

A settlement by the National Association of Realtors ended the long-standing rule requiring sellers to cover commission for both agents in a transaction, with the change due to take effect that summer. The Standard weighed what it would mean locally: an immediate saving for sellers, who had typically paid roughly five to six percent of the sale price split between both sides, but a possible new expense for first-time buyers already stretched to reach a down payment. The article also noted that listing agents would no longer be permitted to advertise commission rates on the MLS, and canvassed several agents and an appraiser on whether prices would ultimately rise or fall.

Danielle's take

When The Standard called in March 2024, the honest answer was that nobody knew yet. The settlement was enormous news, the coverage was breathless, and the question everyone wanted answered was whether homes would get cheaper. My read at the time was that San Francisco negotiations would not shift dramatically overnight, because demand here still badly outstripped supply and buyers already had more information at their fingertips than any previous generation.

With some hindsight, that is roughly how it played out, though not entirely for the reasons I expected.

The biggest change turned out to be procedural rather than financial. Buyers now sign a representation agreement with their agent before touring homes, setting out what that agent does and what they charge. That conversation used to happen late, vaguely, or not at all. Having it at the start is an improvement, and it is the part of the settlement I would keep.

Rates did not collapse. They were always negotiable, and they have drifted rather than dropped. What did change is that the buyer's agent fee is now openly negotiated instead of quietly assumed, and it can be paid by the seller, by the buyer, by the listing brokerage, or by some combination of the three.

In practice, San Francisco sellers have kept covering the buyer's agent fee more often than not. That is what I expected. It remains a straightforward way to widen your pool of buyers, and in any market where you would rather have more offers than fewer, that is usually money well spent.

The advice I would give a first-time buyer today is the thing most of the coverage buried. Ask early what your agent charges and who is expected to pay it. You are allowed to negotiate that. You are also allowed to conclude that the answer is fair.

Related: Real Estate Agent Commission Rates in San Francisco and How Do We Get Paid? Understanding Buyer Agent Commission in San Francisco

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