The Impact of the New NAR Rules on Home Buying

Stay informed about the August 2024 NAR rule changes and their effects on home buying. Our video guide explains everything you need to know.

 

From the Desk of Eve Olasov Thursday November 7, 2024

Eve is passionate about communicating the latest real estate information. Her goal is to ensure that everyone is informed so that they can make the best decisions in what has become a very regulated industry. Here is a letter from NAR (National Association of Realtors®) describing the new 2024 rules.

Choose your level of service

The South Carolina real estate commission mandates how we as licensed real estate brokers must deal with the public. The state requires that prior to showing property or discussing real estate specifics to the public – we must have the SC Agency Disclosure form reviewed by our customers. This is a preface to your selecting which role best satisfies your requirements of your real estate professional.

In essence you have two choices in the state of South Carolina and most other states under the laws of agency in real estate. You can choose between being a customer or a client in the relationship with the real estate professionals you do business with.

I only mention this now since by the time you’re actively involved in viewing homes and land you will need to have made this important decision. As a matter of fact the state requires that upon our first significant encounter with you as a consumer we must by law present a written disclosure and description of your choices. This is the law in most states now.

In essence the choice is whether you choose to be a client or a customer. In South Carolina a real estate agent may be hired by either the seller or the buyer. As of January, 2017 SC real estate agents may also act as just a "transactional" real estate associates by having a customer relationship with the buyer without defaulting to a seller representation relationship.

If you haven’t hired your agent by agreeing to a buyer representation contract – then your real estate associate must either act as a transactional broker or represent the seller in your transaction.

A customer is entitled to honesty and full disclosure of all material facts. As a customer your Realtor® can provide you with information about real estate listings, showings of those properties you select to view, and preparation of contract forms to be submitted as offers. As a customer your real estate associate can not make suggestions about property values, can not negotiate on your behalf, is not obligated to disclose or point out “non material” facts, can not disclose and interpret information about the sales history of the property or the seller’s personal situation, can not provide you with confidentiality, or interpret a detailed market analysis showing subject property history in the neighborhood you’re buying into. As a customer your real estate associate may be working for the seller and his best interests OR may act as a transactional Sales Associate without representing either the buyer or seller.

As a client you are entitled to full confidentiality as with a client/attorney fiduciary relationship, benefit of the agent’s negotiation expertise, full disclosure of all material and non material facts which may affect the value of the property, property showings of all listings including for sale by owners and MLS listings which disallow sub-agency. As a client you have hired the real estate agent to represent you. You have no obligation to purchase property but do have an obligation to utilize your buyer agent in the transaction. Your real estate agent is obligated to work 100% in your best interests and commit to serving your best interests only.

Simply know that your REALTOR ® associate may represent you (BUYER REPRESENTATION), the seller (SELLER REPRESENTATION) or may simply have a customer (CUSTOMER) relationship involving no representation or advocacy requirement. Your choice for level of service may substantially impact your REALTOR's® compensation. The choice is yours. Simply contact Eve Olasov 843 345 8267 to learn how and why.

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BUYERS START HERE     SELLERS START HERE

 

Review all the available choices for Buyers & Sellers.

Your Options in SC with your Realtor®

 

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As of August 17,2024
A Buyer is required to enter into a written agreement with their Realtor® prior to touring a home, including both in-person and live virtual tours. As always, Broker compensation is not set by law and is fully negotiable. And yes, as a Buyer, you may still stipulate that the Seller or their listing firm compensate your broker. It's all still negotiable.

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Charleston real estate brokerage

LUXURY LAND & HOMES INC

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SC License 21912
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sales@luxurylandandhomes.com
843 345 8267 Direct


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Eve is an experienced SC licensed real estate broker specializing in Charleston Real Estate since 1988.

 

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