Why Your House Isn’t Selling (and It’s Probably Not Your Agent’s Fault)

Youโ€™ve scrubbed every countertop, baked a tray of โ€œplease-buy-meโ€ cookies, and brewed coffee strong enough to jolt a sleepy open-house guest into a full-price offer.

Lemme guess. Youโ€™ve also probably called your agent a dozen times (okay, maybe more), convinced they just arenโ€™t trying hard enough. I mean, surely what you need is another half-dozen open houses, complete with banners, signs, and enough balloons for a small parade. Yetโ€ฆ weeks later, the listing is quieter than a Monday morning without caffeine.

Hereโ€™s the thing: itโ€™s probably not your agent’s fault. Itโ€™s not because Mercury is in retrograde, your neighborโ€™s new fence, or even because you forgot to check your horoscope yesterday.

The truth is simple, and my previous broker drilled it into us until we could chant it in our sleep:
Price. Condition. Marketing.

Those three words explain why homes sellโ€ฆ or donโ€™t. And right now, with a slower season settling in, seemingly stuck interest rates, and an economy that feels like itโ€™s running through glue, the basics matter more than ever.

So, letโ€™s pour another cup of coffee and go through the REAL home-selling tips for 2025.

1. Price: The Dream Killer (and the First Thing to Check)

Honestly, pricing is where most sellers stumble, usually not out of greed, but out of hope. Hope that their home is worth more because they loved it more.
But buyers donโ€™t price with their hearts; they price with their phones. Theyโ€™re scrolling Zillow at midnight, comparing square footage, upgrades, and school districts like theyโ€™re studying for the SAT.

If your home is even a few percentage points over the marketโ€™s comfort zone, buyers will swipe left faster than a bad Tinder profile. The longer it sits, the more they start whispering, โ€œWhatโ€™s wrong with it?โ€ even if the answer is simply โ€œthe price.โ€

Hereโ€™s the good news: Pricing right doesnโ€™t mean pricing low. It means pricing smart. Using solid comps, not emotions. Listening to feedback after a few weeks. Watching your showing traffic. When the market slows, minor adjustments can make a big difference โ€” sometimes as little as 2โ€“3% is enough to jolt activity back to life.

I get asked constantly, โ€œWhat do you think my house will sell for?โ€ as if thereโ€™s one magic number hiding in my coffee cup. Spoiler alert: there isnโ€™t. There are three.
What the comps say.
What the buyer feels.
And what the appraiser will actually sign off on.

Not exactly simple, I know. However, price is ultimately determined by number 2:

2. Condition: The Silent Deal-Breaker

If price gets buyers in the door, condition decides whether they stay long enough to imagine themselves living there. I canโ€™t tell you how many times Iโ€™ve watched someone walk into a showing and, within ten seconds, you can practically see the thought bubble pop up over their head: Nope.

Condition isnโ€™t just about whether a home is clean. Yes, that’s important, but really itโ€™s about whether it feels cared for. Scuffed walls, tired carpet, pet odors, or cluttered countertops can subtly convey to buyers that maintenance has been neglected, even if the bones are solid. The little things add up fast.

Think of it this way: buyers arenโ€™t shopping for your house, theyโ€™re shopping for their future. They need to see possibility, not projects. A fresh coat of paint, updated light fixtures, or even a deep declutter can completely change how your home photographs and feels.

And yes, itโ€™s hard to be objective when itโ€™s your home. So no, your agent is being “mean” by gently telling you that your beloved floral wallpaper might be killing first impressions. They’re being honest. And that’s exactly what you want in this little adventure of home selling.

Speaking of your agent, let’s move on to number 3 on our list:

3. Marketing: The Missing Megaphone

You can have the right price and perfect condition, but if nobody knows your home exists, you might as well be whispering in a hurricane. Marketing is the megaphone that carries your homeโ€™s story to the right buyers.

Now I can hear you saying, “Yes! See?! My agent is NOT doing enough open houses. I knew it.”

Full stop for a second. Let’s dig into what marketing really means.

A well-marketed home tells a story. A story that can’t be told without your help, Mr/Mrs. Seller. Your agent probably walked you through all of this when you sat down to sign that listing agreement. Photos, open houses, and showings. Were you a partner in prepping your house to tell the best story?

Dim listing photos ( because you refused to take down grandma’s drapes), cluttered countertops, and random animals wandering through listing photos are not conducive to a market as cautious as ours right now.ย Presentation is everything.

As agents, we aim to highlight not just the square footage, but also theย senseย of living there. The way the morning light hits in the kitchen, the quiet backyard, and the layout that actually makes sense for a family. That story deserves professional photos, strong copy, and online visibility that goes above and beyond a for-sale sign.

This is also where creativity comes in. Maybe itโ€™s a neighborhood feature video or a social media campaign. The goal is always the same: get eyes on your home and hearts invested before buyers ever step inside. These are the things your agent should be presenting to you, and you should be fully vested in helping him or her to put the very best product out there.

Because in todayโ€™s market, your listing has about the same attention span as a TikTok scroll. You donโ€™t get a second chance to make a first impression. So make it scroll-stopping.

Here’s another little truth bomb for you. Open houses typically do not sell houses. They sell your agent and bring them buyer clients. Oh, and give your nosy neighbors a chance to rummage through your house. You know where buyers are looking? That’s right. Online.

Thatโ€™s why good marketing matters so much, because 85โ€“90% of home sales start on the MLS. The MLS (Multiple Listing Service) is the engine that powers third-party sites like Zillow and Realtor.com. So while open houses can drum up buzz and new clients for your agent, itโ€™s your online presence, photos, pricing, and presentation that actually sell your home.

Wrapping It Up:

So before you pick up the phone to berate your agent for not taking your call at midnight last night to plot the next open house parade, take a breath and look at the big three: price, condition, and marketing. Those are the levers that move homes, even in a slow season with sticky interest rates and buyers who blink twice before writing an offer.

Selling a home isnโ€™t magic; itโ€™s strategy. When all three pieces align, things begin to move. When they donโ€™t, no amount of caffeine can fix it.

Maybe your agent hasnโ€™t been proactive… it happens. Not everyoneโ€™s cut out for this business. It takes a few loose screws, a caffeine habit, and a stubborn streak to survive it. But if your homeโ€™s been sitting and youโ€™re ready for honest feedback, the kind thatโ€™s straightforward, practical, and served with a side of coffee, letโ€™s talk. Because in real estate, as in life, sometimes all you need is a fresh perspective and a strong cup of joe.

Buyers Be Like: “I Swiped Right on That House but Iโ€™m Not Ready for a Relationship”

There was a timeโ€”not so long agoโ€”when a buyer walking through a home with me, wide-eyed and holding a pre-approval letter, meant business. These days? Letโ€™s just say I had a more serious conversation with my Uber driver last week, on my way home from a wine-tasting event. Maybe it was the wine.

Welcome to the era of the flaky buyer. They ghost faster than a bad Tinder date, fall in love with a house on Tuesday, and then decide by Thursday that maybe theyโ€™re โ€œjust not emotionally readyโ€ to commitโ€ฆ to a mortgage.

So dear fellow agents, let’s break this down.

A Few Signs Youโ€™re Dealing With a Flake:

  • Says โ€œthis is THE ONEโ€ and then asks, โ€œBut do you think itโ€™ll still be available in 3-6 months?โ€
  • Is pre-qualifiedโ€ฆ by their mom.
  • Thinks Zillowโ€™s Zestimate is more accurate than your market analysis. (Donโ€™t worry, their cousin who sold a house in 2015 agrees with them.)
  • Books a showing, then cancels it, then rebooks, then no-shows, then calls you from another state asking if you can do a video tour “just in case this is the ONE.”

Red flags are flying everywhere, and as their agent, it’s time to set some boundaries.

Whatโ€™s Causing All the Cold Feet?

  • Rates are unpredictable. Some buyers are waiting for the unicorn 2.5% interest rate to returnโ€”right after gas drops to $1.99 and Blockbuster makes a comeback.
  • Analysis paralysis. Theyโ€™ve seen 40 houses and theyโ€™re still unsure. Thatโ€™s not house huntingโ€”thatโ€™s a hobby.
  • TikTok told them to wait. Never mind the fact that TikTok also thinks you should quit your job and raise alpacas.

Dear Buyers: A Word of Advice

Let me help you. We get itโ€”this market is weird. But homes are still selling. Good ones. Great ones. Ones that could be yours if you stop treating real estate like speed dating. So if you’re serious, get your financials in order, trust your agent, and stop waiting for the market to send you a handwritten invitation in gold foil.

Otherwise, Zillow will keep leading you on with filtered photos and fake square footage, and your dream house will be living happily ever after…with someone else.


Time for a Realtor Confessional:

Listen, Iโ€™m not mad. Iโ€™m just emotionally exhausted.

The other week, I drove 8 hours a day for three days to show houses to an out-of-state buyer who just KNEW Bella Vista, AR was the place for them. Until he decided it was time to realize his childhood dream and buy a horse ranch in Texas.

Here’s another one. I have a house listed that has had 25+ showings in about five weeks. I’ve had at least 3 buyer’s agents tell me they were โ€œ95% sureโ€ they’d be submitting an offer, then proceeded to ghost me harder than my 7th-grade crush after the spring dance.

Iโ€™ve started rating my real estate transactions like dates:
๐Ÿ  Cute house, great potentialโ€ฆ buyer brought theirย entire family,ย including Grandma, who now has questions about the neighborโ€™s dog.
๐Ÿ  Beautiful views, solid priceโ€ฆ buyer didnโ€™t realize they shouldn’t quit their job while attempting to get a loan.
๐Ÿ  10/10 curb appealโ€ฆ client canceled mid-drive because Mercury was in retrograde and they โ€œjust had a feeling.โ€

Yโ€™all. I love helping people buy and sell homes. But if I had a dollar for every time someone bailed on a showing because it โ€œjust didnโ€™t feel right,โ€ I could buy the house myself….cash.


๐ŸŽค Final Thoughts:

So to all the buyers out there: We love you. Weโ€™re rooting for you. But please, if youโ€™re not ready to commit, donโ€™t drag usโ€”and our emotionally invested sellersโ€”through the home tour equivalent of a five-season slow burn romance that ends with โ€œI think I need to work on myself first.โ€

Because while love might be patientโ€ฆ real estate agents are not.


Where’d My House Go? (And Other Zillow Mysteries)

Imagine this: You have found THE ONE. No, not your significant other, but your dream house. This is it. You’ve pictured your couch in the living room, mentally repainted the guest bathroom, and picked out your kids’ future prom picture spot, and suddenly, you go to pull it up to tell your lender to get that pre-approval written, and yet…that listing has mysteriously vanished!

Poof. Gone. Like your willpower at a Home Goods clearance sale.

Welcome to 2025, where Zillow has decided itโ€™s not just a real estate websiteโ€ฆ Itโ€™s a judge, jury, and real estate executioner. Introducing: the Zillow Blacklist.

Apparently, if a listing breaks one of their vague, sacred guidelines, or, God forbid, if the algorithm simply wakes up in a bad mood, your beloved dream home can get yeeted off the platform. Not โ€œsold.โ€ Not โ€œpending.โ€ Justโ€ฆ erased. As if it never existed.

No warning. No closure. Just you, clutching your smartphone, whispering, โ€œBut we had plansโ€ฆโ€


Why is this happening?

Because 2025 is wild, and Zillow has entered its villain era. Theyโ€™re cracking down on โ€œnon-compliant listings.” Things like duplicate posts, funky square footage math, or too many exclamation points in the description. (Sorry, Karen. โ€œLUXURY!!!โ€ is now a crime.)

But the real twist? Some perfectly normal listings are being removed just because theyโ€™re linked to MLS systems or brokerages that arenโ€™t on Zillowโ€™s “approved list.” Translation: The platform drama is messier than a family group text.


Meanwhile, in Zestimate Landโ€ฆ

Let me be real. Part of me is glad lots of people are griping at Zillow right now. It’s never been great at accuracy. And let all the real estate agents say Amen!

Their home value estimates are like mood rings: slightly mystical, mostly wrong. One minute, your house is worth $400K. Next, itโ€™s a $750K โ€œhot homeโ€ because you installed a new mailbox, and someone two blocks away sold a pool house with a llama barn.

And yet, this is the tool that shapes how some sellers price their homes. So now you have Betty in the cul-de-sac refusing to list unless she gets โ€œZillow money,โ€ even though her place still has carpet in the bathrooms and a suspicious odor in the sunroom.

Thanks, algorithm. Really helpful.

However, Zillow does have its place. As an agent, when I list a property, I always check to be sure it’s showing accurately on Zillow after I list on the MLS because I know there are a ton of people out there not working with an agent and instead rely on sites just like Zillow to find their next home.

So yeah, it’s kind of important that Zillow has its crappola together.


What does this mean for buyers?

It means you might need to work with an actual human (gasp)โ€”a real estate agent who can access the listings Zillow ghosted. Remember agents? Theyโ€™re like Zillow, but they talk back and donโ€™t glitch when you ask too many questions.


And for sellers?

If your home gets blacklisted, donโ€™t panic. Your house isnโ€™t cursed. But your visibility might be. Less exposure = fewer buyers = more time explaining to your spouse why no one has called for a showing.

Also, a gentle reminder: just because your Zestimate says youโ€™re sitting on a real estate goldmine doesnโ€™t mean buyers agree. Or the appraiser. Or reality.

So please, Karen, trust your agent over an algorithm that thought your split-level with zero curb appeal was a luxury estate.


Final Thoughts

In a world where AI decides what we eat, watch, and swipe right on, itโ€™s no shock that it now decides which houses weโ€™re allowed to see. But donโ€™t worry. Somewhere out there, your dream home is still waiting for youโ€”probably on a platform no one uses and listed by a sweet 68-year-old realtor who still prints directions from MapQuest.

Happy house hunting. And may the algorithm be ever in your favor.

Five Reasons I Would Hate to Be a Custom Home Builder (And You Would Too)

Let me start by saying this: custom home builders are saints. They deserve medals, parades, and a lifetime supply of coffee or whiskey or whatever they want. Why? Because their job is like trying to build a house of cards… in a hurricane… while a group of opinionated people stand behind them yelling, “Can it be blue instead?”

And just maybe itโ€™s because our family investment company is in the throes of new construction and permitting, and building, and listing said construction, and all the things that’s making me feel so passionate about NOT wanting to be a custom builder.

First things first. We are spec home builders. That means we come up with the designs, build the house, list it AFTER completion and sell it.  This, in and of itself, is hard work.

HOWEVER! Compare it with:

A custom home saint builder builds a house according to the owner’s design or even a design the builder provides with various options and finishes. The homeowner and builder work closely together to complete the project. 

When I say โ€œclosely,โ€ think Glenn Close close in Fatal Attraction. 

So yeah, let me give you five reasons why I would rather wrestle an angry alligator while blindfolded than take on that job.

1. Your Boss is Johanna/Chip Gains (or thinks so, at least)

When you’re a custom home builder, youโ€™re not just working for clientsโ€”youโ€™re working for Alan, the amateur architect who used the free version of Home Dezign.com this weekend and thinks theyโ€™re now ready to pull permits. Along with Alan, youโ€™ll also be working for Pam, the Pinterest consultant who has boards full of ideas, none of which will fit in their budget but is convinced it can be done. 

Buckle up for a never-ending parade of questionable ideas from people who just binge-watched three episodes of HGTV.

1.5 Your Boss is NOT Your Friend

It all starts well and good. Theyโ€™ve seen your work, your designs. Theyโ€™ve stroked your ego and said over and over again how โ€œeasyโ€ they will be to work with. <Red flags start waving; you hear sirens blaring from somewhere>

Donโ€™t be surprised when, halfway through the project, youโ€™ve been labeled as public enemy number 1, and your professionalism, your integrity, and whether or not you might be color blind are all up for discussion and debate. 

2. Deadlines Are DOA

In custom home building, the timeline is like Bigfootโ€”everyone talks about it, but no oneโ€™s actually seen it. Clients want everything done yesterday, but then they suddenly need โ€œa week to decideโ€  on the hardwood floors they picked out a month ago. Or the paint color that looks too warm now. Or is it too cold?

The deadline is gone. Itโ€™s crying in the corner with your sanity. Actually not sure you really had either of those things.ย 

3. Weather Schmeather

Rain? Snow? Tornado? It doesnโ€™t matterโ€”Mother Nature doesnโ€™t care about your construction schedule.

Imagine this: Youโ€™re trying to pour concrete for a foundation. Suddenly, it rains so hard you wonder if you should add an ark to the design. But hey, the client just texted to ask if they can “move the master bedroom to the other side of the house.” Because, of course, thatโ€™s the real emergency.

4. Youโ€™ll Become a Counselor

Being a custom home builder isnโ€™t just about homes; itโ€™s about people. And people are… complicated.

Youโ€™ll mediate arguments between spouses about backsplash colors. Youโ€™ll calm clients when their dream countertop is back-ordered. Youโ€™ll explain (again) why they canโ€™t install a fire pit inside their walk-in closet.

By the end of the project, youโ€™re not just a builderโ€”youโ€™re their life coach, marriage counselor, and part-time babysitter.

5. Budget Woes

Clients start with a budget. Then they see shiny things. Suddenly, that budget is about as relevant as a flip phone.

Client: “We want to add a sauna, a marble fountain, and heated floors in every room. Is that possible for, like, $1,000 extra?” Builder: “Sure, if by $1,000 extra, you mean $50,000 extra.” (They always mean $1,000 extra.)

I get it. Building a home, especially your personal home, is a huge undertaking. Not just financially but emotionally and physically. Itโ€™s stressful, to put it mildly.  I know because we’re currently building our own personal home.

And I’d make any builder who had to work with me question their sanity. Luckily it’s just the Hubs and he’s stuck with me.

So, call me a coward, but weโ€™ll just be sticking to spec home builds. 

To all the custom home builders out there, I salute you. May your coffee stay hot, your clients stay reasonable, and your deadlines… well, good luck with that one.

“Home Sweet Affordable Home”: Tackling the Housing Challenge in Northwest Arkansas

Affordable housing is the cry of just about any major metropolis or fast-growing area in the United States. We left Austin almost two years ago, largely because the cost of real estate, remodeling, and building had become unsustainable, at least for us.  Affordable housing was simply a buzzword that the city liked to throw around council meetings to make themselves feel good while continuing their high regulations process, which caused the price of real estate to continue to rise. Oh, the irony.

Speaking of irony, after leaving Austin, we ended up in the most expensive area of Arkansasโ€ฆNWA. 

While we love it here, we realized Bentonville and the surrounding areas have their own housing issues. Affordable housing and the ability, as a builder, to offer it is a huge issue. Because Iโ€™m up to my eyeballs in construction and maybe because Iโ€™ve had four cups of coffee this morning, Iโ€™ve got many ideas, but for the sake of time, let’s start with three.ย 

First, addressing the affordable housing shortage in Bentonville and the surrounding area isnโ€™t a simple, one-and-done solution. It will require a multifaceted approach involving policy reforms, public-private partnerships, and community engagement. 

Buckle up, city folks because the first thing that needs to happen is:ย 

1. Implementing Policy and Zoning Reforms

Expedited Approval Processes. Yaโ€™ll are killing us with your ever-evolving approval and permitting processes (Iโ€™m looking at you, Bella Vista). By streamlining the development approval process you can help us builders reduce construction timelines and costs, which can then be passed on to the public.

Iโ€™m not the only one saying this. In November of 2021, the city of Bentonville created a Housing Affordability Workgroup specifically to review housing needs, availability, and affordability in Bentonville. While city review groups normally give me a tic under my left eye, this one has some good ideas, specifically by recommending creating expedited processes for small-scale developments and affordable housing projects that meet specific criteria.ย 

Like I said, settle down wielding your permitting power, city people. 

2. Fostering Public-Private Partnerships

Collaborative Developments: An affordable housing community was created in collaboration with Excellerate Housing, Bentonville Schools, Benton County, Mercy, Walton Family Foundation, and Arvest Bank. McAuley Place exemplifies successful collaborations aimed at increasing affordable housing. This 160-unit development, located near the Bentonville Community Center, includes single-family cottages and multifamily units designated for local educators and staff.ย 

We need more of these.

Financial Incentives: Offering tax incentives, grants, or subsidies to developers who include affordable units in their projects can stimulate the construction of such housing. The federal Low-Income Housing Tax Credit (LIHTC) program, utilized in developments like McAuley Place, is a model for leveraging financial tools to support affordable housing. 

And finally, for today, 

3. Engaging the Community and Stakeholders

Housing Affordability Workgroup: Established by the Bentonville City Council, this group conducts reviews of housing needs, availability, and affordability and provides recommendations to the city. Their efforts have led to the development of Project ARROW, a targeted approach to increasing affordable housing supply through education and collaboration.

Educational Campaigns: Raising awareness about the benefits of affordable housing and involving residents in planning processes can build community support and reduce opposition to new developments.

By furthering the above ideas, we can improve the affordable housing situation in NWA or at least begin to move it forward. 

While I donโ€™t have a crystal ball, all signs point to the fact that interest rates will drop sometime this year, and the housing market will heat up.ย 

Letโ€™s prepare and be ready.

NAR Changes: Are They Good or Sucky?

Itโ€™s been six days since the new NAR ruling took place, and youโ€™d think the sky had fallen on brokerages everywhere. To a certain extent, it feels that way. Especially in light of all the misleading media and sudden real estate gurus. First, to recap. Hereโ€™s the new rules in a nutshell:

1. Buyers are now required to sign a contract with an agent before the agent can show them any properties. This is not exactly a brand new requirement, as most states (and any agent worth his salt) have already adhered to this. However, it is now mandated for all agents who are members of the National Association of Realtors (NAR)โ€”a group that includes a substantial 1.5 million agents across the U.S.

2. Commission changes – Prior to the settlement, NAR members who listed properties would offer shared commissions through local multiple listing services (MLSs)โ€”the platforms where most homes are listed. Typically, sellers paid around 6% of the home’s sale price, with 3% going to their own agent and 3% to the buyer’s agent.

Now, MLSs are no longer allowed to display these offers of compensation. While sellers and their agents can still negotiate and agree to pay a buyerโ€™s agent fee, this must be done separately from the MLS. As a result, there may be situations where sellers wonโ€™t contribute to the buyerโ€™s agent fee, placing the full responsibility on the buyer. Buyers will then need to either cover their agentโ€™s fee out of pocket or handle the transaction independently without an agent.

First, the gloom and doom, I-need-a-drink, the sky is falling, sucky stuff: 

~ Many first-time homebuyers will not have extra cash to pay a buyer’s agent. They will either end up unrepresented or try to jump through hoops with their lenders to see if they can increase the sales price and then have the concessions/money to pay their agent at closing. Unrepresented buyers could potentially be taken advantage of, and some lenders wonโ€™t allow a buyer to include money for a buyer’s concession.ย 

~ Some agents will knowingly or ignorantly be guilty of steering their buyers towards properties that will offer a buyer agent compensation.

~ Some boneheaded listing agents will pressure their sellers to offer x amount to a buyerโ€™s agent.

~ Buyerโ€™s agents might end up working for free.

~ Sellers will lose money.

While the above may happen, there are some positives in the sky-falling free-for-all the real estate world currently feels like.

~ All prospective buyers must now sign some sort of agency agreement to even tour a home. This protects the agent who is showing complete strangers an empty house and clearly spells out the details of the client relationship with the buyer.

~ If done correctly, this arrangement should provide transparency to the buyer about their possible financial responsibility.

~ Crappy real estate agents will be weeded out. Harsh, I know, but there are a lot of those, which is why weโ€™re in that situation.

So to my real estate colleagues, buck up, little campers, itโ€™s just an acorn, not the sky thatโ€™s falling. Letโ€™s tackle this new challenge head-on holding on to our ethics, our sanity, and our whiskey bottles.

Real Estate Drama: NAR’s Big Settlement Fiasco โ€“ Fact vs. Fiction

If you are a real estate agent, buyer, seller, investor, casual perusaler (ok, not a real word) of real estate, or just havenโ€™t had your head under a rock these few months, youโ€™ve seen the big news regarding NAR (National Association of Realtors). Last March, NAR announced that they had reached a settlement agreement to resolve litigation brought by home sellers related to broker commissions. Once that story broke, the media had a field day with misinformation. Agents everywhere began profusely sweating and drinking heavily.  So, facts first:

1. NAR is required to pay out $418 million over the next four years.

2. NAR agreed to create a new MLS rule prohibiting compensation offers on the MLS (Multiple Listing Service).ย 

3. NAR also agreed to create a new rule requiring MLS participants working with buyers to enter into written agreements with their buyers before the buyer tours a home.

When the news came out, media outlets everywhere began distributing disinformation. Yahoo, NBC, and Joe Biden himself all had something to say, and what they said was largely untrue. 

It was falsely reported that prior to the settlement, real estate commissions were a required and fixed amount of 6%, with 3% going to the listing agent and the additional 3% to the buyer’s agent. Further reporting insinuated that the commissions were legally mandated and set by the National Association of Realtors, the government, or even the Grand Poobah of Greedy Real Estate Professionals Everywhereโ€”whoever that is.ย 

The truth is that commissions have always been negotiable, not required. Sure, 6% became the industry standard, but it was not the industry requirement. There are many flat-fee agents, brokerages that offer discount services, and even brokerages that specialize in 1% listings.

It has always been well within a home seller’s (or buyer’s) rights to negotiate commission. 

The real problem is crappy agents, specifically listing agents, who do not do a good job of communicating details to their clients. Essential things like how much listing their house is going to cost and the fact that while a listing brokerage may have a standard fee that they charge, those fees are not some mandated amount that can not be negotiated. 

As an agent, disclosure and accounting are part of our fiduciary duties. So, instead of holding those agents responsible for neglecting their fiduciary duties, what was once a pretty transparent process has now been convoluted. 

How? Iโ€™m so glad you asked. Letโ€™s compare the new process to the old. Grab yourself another cup of coffee (or a shot of whiskey), and stick with me.

1. Listing process/listing agreement.ย 

Pre-NAR ruling: When listing a property with a brokerage, you must sign a listing agreement that discloses all the deets and allows that brokerage to sell your property. One of its most important parts is disclosing how that brokerage gets paid. Previously, and depending on your state, that information was a paragraph that included a place for total commission collected at closing and then a place that discloses how that commission might be split between buyers and sellers agents. Again, commissions have, and always have been, negotiable. However, it was typically expected that the seller’s agent would pay the buyer’s agent for bringing a buyer. 

Post NAR ruling: 

Truthfully, we donโ€™t know yet how commissions will be addressed. I believe there will be a place for the listing commission and perhaps another place for the seller to offer a buyerโ€™s agent commission.

Or not.

I assume there will be because the settlement does not say that the seller canโ€™t offer the buyerโ€™s agent a commission. Moreover, the suggested verbiage currently being discussed is about as clear as the congressional budget. 

2. MLS (Mulitple Service Listing rules)

Pre-NAR ruling: Listing agents would list the amount the seller was willing to offer the cooperating broker to bring a buyer. It was typically between 1% and 3%, depending on the NEGOTIATED amount.

Post NAR ruling: Seller agents are now prohibited from disclosing any amount of commission that might be offered to cooperating brokerages on the MLS. That line item will be removed from the listing input completely. 

3. Written buyer agreement.

Pre-NAR ruling: I canโ€™t speak for every agent but I ALWAYS required buyers to sign one of these. A written buyer agreement clarifies the difference between being a customer versus a client and lays out the agent’s and client’s responsibilities. It enables the agent to receive commission and, depending on your state, gives the agent exclusivity with that buyer. Meaning the buyer must use the aforementioned agent to buy a house. Most importantly, at least for me, was protection. If a buyer signs that agreement, it means I have personal information, probably a pre-qual letter from a lender, their driver’s license, and the peace of mind that theyโ€™re probably not a serial killer trying to lure me to an abandoned house and murder me.

Post NAR ruling: This is now a requirement for agents working with buyersโ€ฆ.whichโ€ฆ.againโ€ฆI thought was already a thing. However, the new agreements will include a place for the buyers to check if they are willing to pay their agentโ€™s commission out of pocket if the listing agent doesn’t pay it.

This has led to multiple media outlets, who have no actual idea how this works apparently, to claim the ruling is a win for home sellers and will drive down housing prices as real estate commissions are expected to fall 25-50% 

HAHAHAHAHAHAHA!!!

Right. 

Iโ€™d like to see some agents convince their sellers to lower their list price by $10,000-$20,000 or more in some cases since theyโ€™re not paying a buyer’s agent. Not gonna happen. 

This ruling and the subsequent garbage analysis being tossed around are doing nothing but confusing people, hurting sellers, and marginalizing certain buyers. 

Think I sound dramatic? Lemme tell you why. First, sellers who believe it will help them financially not to offer a buyer agent a commission will do nothing other than limit their buyer pool. First-time homebuyers, who make up more than 50% of the market, will be disadvantaged. Most have saved up for a down payment, closing costs, and inspection fees. They donโ€™t have the extra $10,000 plus to pay an agent. So those buyers probably arenโ€™t going to come through Mr. Seller’s doors. The house may sit longer on the market, requiring multiple price drops and leaving the seller with less money than if he just offered compensation to the buyer’s agent.

Some first-time homebuyers will also have fewer choices if they donโ€™t have extra money to pay a buyer’s agent and have instructed their agent only to show them properties offering a buyerโ€™s agent commission. Other buyers will lose out on properties in competitive markets. Yet other buyers may find themselves trying to navigate the process on their own, and becoming unfairly taken advantage of.

How many lawsuits will come out of this? 

Iโ€™m not a betting woman, but I might take this one. 

Unfortunately, I believe we will see an increase in significant issues in areas that have been unproblematic for years. This NAR ruling forces good agents to walk a very thin tightrope in providing our clients with the fiduciary duties they are sworn to perform as members of the National Association of Realtors.

Stay tuned for some fallout. 

Meanwhile, I intend to continue giving each client my very best.

Just with a little more paperwork and a lot more coffee.

Five Sure-Fire Ways to Make Sure it Sells!

Alright, alright, alright (channeling my Texas roots and inner Matt McConaughey)! It’s January, and you know what that means?? I mean, besides renewing my coffee club membership? It’s almost selling season! Spring is almost here. At least that’s what I keep telling myself as we burrow down over here in Bentonville in preparation for the Artic Blast of 2024 and negative temps. Brrr…

But I digress. So, without further ado!

  1. Hire An Awesome Agent!
AWESOME AGENT HERE!

Ahem….this is where you call or email me if you’re in the NWA area…..seriously though, wherever you’re at, you need a great agent.โ€ƒNow, I can hear you already, “I can sell my house myself.” “This is the digital age.” I don’t need to pay someone 6%”. Time out. Lemme take a quick little aside and give you just a couple of reasons it pays to have an agent on your side

Expertise – We know our market. The top reason most houses do not sell promptly is pricing! An expert agent will nail the price and have you moving down the road.

Network and Resources-  We know people. People who may want to buy your house or bring someone who wants to buy your house.

Legal and Contractual Expertise– Real estate agents are not attorneys, but we know a thing or two (or a million) about real estate contracts. A good agent will explain all the deets to you.

Time and Effort: A really wise old dude once said, “Two are better than one, Because they have a good reward for their labor.” Ecclesiastes 4:9 While you may be knowledgeable and capable, it’s great to have someone on your side to help with the heavy lifting. Both furniture and all the other home-selling tasks, from coordinating showings to negotiating offers.

Ok…back to our list.

2. Spruce Up Your Curb Appeal!

The exterior of your house is the first thing potential buyers will see. Ensure it looks appealing by maintaining the lawn, cleaning the driveway, and adding colorful plants.

3. Repair:

Look around your home with a critical eye. Are there any repairs you’ve been putting off? Leaky faucets, chipped paint, or squeaky doors are all easy and affordable fixes. You might also consider springing for a pre-inspection. More on that in another post.โ€ƒ

4. Declutter and Depersonalize!โ€ƒโ€ƒ

Clear out any clutter and personal items to help potential buyers envision themselves living in the space. Consider renting a storage unit if necessary.

5. Professional Photography and Staging! Don’t skimp out on this! High-quality photos and professional staging can make a significant difference in attracting buyers. Consider hiring a professional to showcase your home in the best light.

By implementing these tips, you can increase the chances of selling your house quickly during the peak selling season. Call me today to grab coffee and talk about getting your home sold during this upcoming selling season.