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Realtors settlement brings confusion, relief to Southern California’s real estate industry

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Realtors settlement brings confusion, relief to Southern California’s real estate industry


One thing is known for sure about a proposed settlement of a massive antitrust case against Realtors: the home selling process is about to change, and with it, how buyers and sellers compensate their agents.

Otherwise, say members of Southern California’s real estate industry, it’s too soon to decipher the impact of the $418 million deal unveiled on Friday, March 15.

Also see: Brokerage stocks tumble after Realtors agree to commission-cutting deal

Will buyers now start paying their agents directly?

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Will buyers now have to sign a contract before their agent will show them any homes?

Will lenders allow buyers to roll the cost of paying agent commissions into a slightly larger mortgage?

And ultimately, will the settlement lead to to smaller commissions and lower home prices?

Also see: Homebuying’s 6% commission is gone after Realtors settle lawsuit

“There’s just a lot of moving pieces that have to be settled,” said Art Carter, chief executive of the Chino Hills-based California Regional Multiple Listing Service, which covers much of Southern California. “And I’m not going to say I have my arms around every one of those moving pieces.”

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In a statement announcing the settlement, the National Association of Realtors said it agreed to a new rule banning sellers from offering compensation to buyers’ agents through a Realtor-affiliated MLS, or home-listing database.

But it was unclear if that will end the decades-old practice of requiring sellers to pay buyers’ agents.

While “offers of broker compensation could not be communicated via the MLS,” the NAR statement said, “they could continue to be an option,” so long as they’re communicated outside the MLS.

“The only certainty I can give you is the process will change,” Carter said.

The Realtor announcement followed an Oct. 31 jury verdict in Kansas City awarding nearly $1.8 billion to Missouri home sellers, finding the current agent compensation system perpetuates the 5-6% commission rate.

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More than 20 similar lawsuits proliferated across the nation in the wake of the verdict, including at least three in California, naming more than 200 other industry groups in 11 states as defendants.

 California Realtor groups hit with copycat commission rates lawsuit

Under the settlement announced Friday, NAR would pay $418 million over four years, instead of $1.8 billion. The settlement would cover more than a million NAR member agents, all state and local Realtor associations, Realtor-owned multiple listing services and NAR-affiliated brokerages generating less than $2 billion in sales. But large national real estate chains that were NAR’s co-defendants won’t be covered.

A law firm that took part in the settlement hailed the agreement as “groundbreaking,” saying it could save consumers billions of dollars in broker fees.

“This settlement changes (NAR) rules so that competition will occur at the commission level,” Steve Berman, a lead attorney in the case, said in a statement.

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In Southern California, the announcement led to a combination of confusion, anxiety and relief.

Carter, the regional MLS CEO, tried to explain the settlement Friday to a meeting of brokers in Arcadia.

“I think there’s just a lot of confusion,” he said of the brokers’ reaction to the news. “They’re just curious to see what the new normal is going to look like.”

There was an element of relief at the Glendale Association of Realtors, one of 19 local Realtor associations named in a class-action lawsuit filed in January.

The settlement appears to be “a good start, a step in the right direction,” said David Kissinger, Glendale Realtors association chief executive.

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“We are in defendant in one of the cases,” Kissinger said. “And as a defendant in a case, … that’s concerning. There is substantial risk to us. We were certain in the belief that the case did not have merit. But, you know, the court and the jury are going to do what they’re going to do.”

Carter echoed that sentiment.

“We support NAR for taking the steps” toward settling the cases. “If it would have been litigated further, it could have been quite detrimental to the the industry.”

The proposed effective date will be July 1 if the settlement gets court approval, although that — like everything else — is subject to change, Carter said.

If approved, the settlement could lead to the widespread use of buyer-broker agreements, he said. Currently only about a fifth of buyers sign representation agreements with their agents.

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It’s possible sellers could list an amount for concessions in their MLS listings, instead of compensation offers, and buyers could use those concessions as they choose — perhaps paying for repairs, for closing costs or to compensate their agents, Carter said.

“The (agent’s) job is going to change significantly,” said Newport Beach broker Bill Cote, owner of Cote Realty Group. “I think you’re going to see a whole element of people come out and say that they are buyers brokers, and they’re only representing buyers. But the difficulty with that is getting the buyers to step to the plate to say that they’re going to pay the compensation to the buyer’s broker.”

Cote noted that in high-priced communities, from Newport and Laguna Beach to Silicon Valley, the buyer’s share of commissions “has always been very large.”

Ed Coulson, director of the Center for Real Estate at UC Irvine, predicted the settlement could have a major impact on agent earnings and commission rates.

People accepted 5-6% commission rates as if it were a rule, which it’s not, he said.

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“One of the things that’s going to happen is people will recognize it’s not a rule, and that’s going to bring commission rates down,” he said. “I think the thing that is most important is we don’t know the impact on prices. There’s been a lot of speculation it would lower house prices, but that depends on the seller folding the commission into the house price. And I’m very uncertain that we know the extent to which that happens.”



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California

California's billionaire utopia faces a major setback

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California's billionaire utopia faces a major setback


Silicon Valley’s billionaire-backed plan to turn 60,000 acres into a utopian “city of yesterday” is officially delayed by at least two years. California Forever confirmed on July 22 that its “East Solano Plan” rezoning proposal will not appear on the region’s November election ballot. Instead, the $900 million project will first receive a full, independent environmental impact review while preparing a development agreement with local county supervisors.

Speaking with The New York Times this week, California Democratic state senator John Garamendi said, “The California Forever pipe dream is in a permanent deep freeze.”

First unveiled in August 2023 after years of stealth land purchases just outside San Francisco, organizers bill the 60,000 acre East Solano Plan as a multistep campaign to build “one of the most walkable and sustainable [towns] in the United States.” Concept art on California Forever’s website depicts idyllic pedestrian squares and solar farms, with lofty promises to bring hundreds of thousands of jobs to the area along with “novel methods of design, construction, and governance,” according to a previous profile. Overseen by former Goldman Sachs trader Jan Sramek, California Forever received financial backing from wealthy venture capitalists including LinkedIn’s co-founder Reid Hoffman and Lauren Powell Jobs, billionaire philanthropist and widow of Steve Jobs.

[ California’s billionaire utopia may not be as eco-friendly as advertised.]

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But from the start, locals, environmental advocates, and politicians pushed back against the East Solano Plan. By November 2023, news broke that California Forever’s parent company previously sued a group of locals for $510 billion, citing antitrust violations after the defendants refused to sell their land (the locals later agreed to sell for $18,000 per acre). Meanwhile, state representatives voiced security concerns about the proposed city’s proximity to the nearby Travis Air Force Base.

Last month, the accredited Solano Land Trust announced its opposition to the plan, citing what it believed would be a “detrimental impact” to the region’s “water resources, air quality, traffic, farmland, and natural environment.” The land trust also alleged California Forever backers misled the public by describing much of the area as “non-prime farmland” with “low quality soils.” In reality, the Solano Land Trust explained that the “sensitive habitat… home to rare and endangered plants and animals” includes some of the state’s most water-efficient farmland.

In this week’s announcement, Sramek claims a recent poll conducted by California Forever indicated 65 percent of East Solano residents “support development of good paying jobs, more affordable homes, and clean energy,” while noting that “most voters are also asking for a full environmental impact report to be completed first.”

“The idea of building a new community and economic opportunity in eastern Solano seemed impossible on the surface,” Sramek wrote to Popular Science last year. “But after spending a lot of time learning about the community, which I now call home, I became convinced that with thoughtful design, the right long-term patient investors, and strong partnerships… we can create a new community.”

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California

Tech Jobs Keep Moving Out of California. Don’t Panic Yet.

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Tech Jobs Keep Moving Out of California. Don’t Panic Yet.


It has been a weird four years for California’s technology sector. It boomed early in the Covid-19 pandemic as people in the US and around the world geared up for remote work and directed their spending to online services (games, streaming, spin classes, etc.) they could consume without leaving home. But that rise in remote work, combined with highest-in-the-nation real estate costs, strict pandemic rules and other factors, also led to something of an exodus from the state’s coastal cities, with high-profile departures of tech leaders in 2020 and 2021 and even occasional claims that the San Francisco Bay Area’s reign as global tech capital was ending.

A few high-profile departures are still taking place, with Elon Musk announcing this month that he will be moving the headquarters of two more of his companies — X, the former Twitter, and SpaceX — from California to Texas, where he moved Tesla Inc.’s headquarters in 2021. But there have also been stories of tech leaders returning and San Francisco beginning a resurgence, with the boom in generative artificial intelligence — the biggest story in tech now — very much concentrated around the San Francisco Bay. My fellow Bloomberg Opinion columnist Conor Sen thinks it might even be a good time to buy some slightly marked-down San Francisco real estate.



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California

A massive fire breaks out at a California scrap yard

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A massive fire breaks out at a California scrap yard


STORY: :: Aerial video shows a massive fire at a Los Angeles car scrap yard

:: July 25, 2024

:: Local media say no injuries were immediately reported

:: Los Angeles, California

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Firefighters seen working to extinguish the flames. Helicopters were used to drop fire retardant over the blaze.

According to local press, no injuries were immediately reported. It is unclear whether any hazardous materials were burning.



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