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Updated Real Estate Lawsuit Revelations

6.20.24
Good morning,
Recently, I have addressed some of the changes that will occur in the real estate industry due to the lawsuits filed against numerous brokerages and NAR (National Association of Realtors), related to commission collusion.
 
As things settle and we begin to incorporate some of the expected changes, many of us feel the full transparency coming to our business is welcome. In the end, it is expected not much will change around the actual structure of commissions. Buyers will still want representation and many cannot afford it, or prefer to finance it as part of the transaction and sellers still want as many buyers as possible to be eligible to buy their home. Sellers will be inclined to offer a commission to ensure as many buyers as possible can participate in making an offer and no one is limited by the cost of the commission. Being available to the largest pool of buyers ensures them the highest price. The real change will involve the increased level of diligence and commitment required from the buyers to engage in a process of vetting and choosing representation with a contractual agreement.
 
One surprising aspect of change that has come to light is the distribution of listing information to the general public. This is still under review, but I have read that agents are no longer allowed to discuss another company's listings with a prospective buyer if that agent does not have a Buyer/Broker representation contract in place with the buyer. For example, if a buyer attends my open house and we discuss my listing, then they say, "This doesn't fit my needs; do you know of any other homes in the area that may interest me?" I am required to respond, "I can tell you about my office's listings, but I cannot discuss other listings from other brokerages in the area because you and I do not have a representation agreement in place."
 
Details are still coming and processes being evaluated, so stay tuned here as I continue to bring them to light.
 
 
DID YOU KNOW?
  • Prior to 2018, qualifying households could deduct some or all of their moving expenses from their taxes. After the Tax Cuts and Jobs Act of 2017, this Federal tax deduction is limited to military families. This act expires in 2025. As does the SALT (State & Local Tax), tax deduction limits imposed.
 
 

 
What is fiduciary in real estate?
 
In real estate, fiduciary duties are obligations to act in the best interest of your clients, representing them as you would yourself.
 
According to the California Department of Real Estate:
 
"Fiduciary duties include, among others, loyalty; confidentiality; the exercise of utmost care (and in certain fact situations, reasonable care); full and complete disclosure of all material facts; the obligation to account to the principal; the obligation to act fairly and honestly and without fraud or deceit; and the duty to "explain" and "counsel" about that which has been disclosed or should have been disclosed thereby permitting the principal to make an informed and considered decision to buy, sell, lease, exchange, borrow or lend."
 
 
Home Sweet Home
 
 
  • Will A.I. resolve one of the most critical cost issues around construction: speed? Homeowners are experimenting with an explosion of new artificial intelligence applications to quickly visualize an array of layout and style ideas, coordinate with builders and designers and estimate costs. These new tools say they can help save time and money in the building and renovation process, which has traditionally been filled with seemingly endless decisions and an avalanche of paperwork that often result in longer projects and ballooning costs. (WSJ)
     
     
    Around the World
  • And you think US debt is bad? Emerging nations are contending with a staggering $29 trillion in public debt....still lower than the US'. 15 countries are spending more on interest payments than they do on education, according to a new report from the United Nations Conference on Trade and Development; 46 spend more on debt payments than they do on health care. (NY TIMES)
 
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Villa Terra Rosa is a monument to architectural finesse and aesthetic splendor across 11,000 square feet of living space, with a separate Casita and outdoor dining room on 34.89 acres in West Petaluma. Adjacent to the Petaluma Golf and Country Club, Villa Terra Rosa is surrounded by lush, green mountains, beautiful landscaping, and mesmerizing views of Sonoma and Marin Counties. The classic, elegant touches throughout the property are set against an astonishing natural landscape and evoke the feel of a carefully crafted European estate in the heart of the Sonoma County Countryside.
 
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Real Estate Expert Katherine Hunt has been a licensed real estate agent in Silicon Valley for over 29 years. She offers skill and experience with residential property, investment property, new construction, and 1031 exchanges.
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