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WORKBOOK

Agent Success Scenarios

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Buyer Agent Navigator

Exactly what you need �to know to thrive in the post-NAR settlement world��Download nowrealbuyerplaybook.com

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10 PROCESS SCENARIOS

Buyer Mastery�Checklist

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1

Is a buyer representation agreement �required before touring homes with a buyer?

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2

What if a buyer refuses to sign �a buyer representation agreement?

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3

If I am the listing agent for the subject property, what if my �marketing generates an inquiry from a buyer that wants to see �a home; would I have to get a buyer agreement signed the minute �I meet them before I show them the home? What if I am not the listing agent for the subject property?

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4

Does the requirement to use a written buyer agreement before residential showings also �apply to commercial transactions?

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5

If an agent hosts an open house or provides access �to a property, on behalf of the seller only, to an �unrepresented buyer, will they be required to enter into �a written agreement with those buyers touring the home?

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6

Do these new rules apply to �residential rentals or only for residential sales?

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7

As a listing agent in discussions with a seller, if the seller agrees to offer 3% as the buyer representation compensation, do we memorialize that in the listing agreement?

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8

How do these rules affect dual agency?

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9

Is there any process change related to signing new listing agreements?

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10

Are there any rules that are in conflict �with the state’s implementation compared �to the overall terms of the NAR settlement?

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16 COMPENSATION SCENARIOS

Buyer Mastery�Checklist

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11

Is a seller required to offer �buyer representation compensation?

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12

Can we offer buyer representation compensation in �MLS remarks, sellers concession fields or by putting �secret links and keywords inside the MLS details?

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13

What will happen to existing listings in �the MLS with offers of compensation that �are currently in place prior to August 17th?

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14

Can we notate on the MLS that “commission is offered” without mention of amount or details?

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15

Can buyers and buyer brokers rely on an offer �of compensation that was on the MLS prior to �the effective date of the policy changes?

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16

Are pending transactions when the commission field �is removed (after the effective date) still bound by the commission offered at the time of the contract?

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17

Can a buyer request the listing broker �to compensate the buyer broker?

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18

Can the listing broker “share” commissions �with the buyer broker based on the traditional �terms of “cooperation compensation”?

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19

Can a listing broker communicate �offers of compensation on their own �website / or with an IDX feed or similar solution?

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20

Can the listing broker put references to the offer of buyer compensation off the MLS in places such as yard signs, property flyers, stand alone marketing materials, email and video communications to agents and brokers and in broker previews and office meetings?

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21

The listing agent does not have to disclose their fee agreed upon �in the listing agreement to the buyer broker. But does the buyer broker now have to disclose the buyer agent compensation fees �to the listing broker as part of the offer by sharing a full copy of �the buyer representation agreement?

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22

What happens in the situation where �we make an offer on an off-market listing �like a pocket, expired or for-sale-by-owner?

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23

In the buyer agreement, can buyer and buyer broker agree to a “range” of compensation?

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24

What happens if the final buyer commission offered by the Seller is higher than the fee negotiated in the Buyer Representation Agreement? What happens if it’s lower?

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25

Is the listing broker required to share all the details �(if asked by the buyer broker) if the seller is offering buyer representation compensation?

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26

What if the buyer specifically states that they �do not want to be responsible for paying the �buyer commission?

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Resources

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