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Compensation. WHO Pays & HOW

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The real estate industry is continuously evolving, and transparency in compensation has become a significant focus in recent discussions. In Episode 43 of the Business Builder Series, guest speaker Debra Betolatti, Associate Broker with Maximum One Executive Realtors, provided valuable insights into how real estate compensation works, recent clarifications surrounding it, and the importance of proper documentation. Here are three key takeaways from this insightful session:

1. There Are No New Laws—Only Reinforced Transparency

A common misconception is that new laws have changed real estate compensation structures. In reality, the rules have not changed; rather, existing regulations, such as the Brokerage Relationship in Real Estate Transactions Act (BRRETA), are being emphasized more than before. The recent National Association of Realtors (NAR) settlement aims to increase transparency, ensuring that buyers understand their financial obligations before entering binding agreements. This means that agents must clearly outline compensation details upfront.

2. Buyer and Seller Representation Agreements Are Crucial

For both buyers and sellers, formal representation agreements are essential. The Georgia Association of Realtors (GAR) forms, such as F101 (Exclusive Seller Agreement) and F110 (Exclusive Buyer Agreement), establish clear expectations and responsibilities. Buyers who do not have a formal agreement in place may not receive full representation, which can lead to misunderstandings regarding compensation. Agents should ensure that all agreements are properly documented to avoid potential disputes.

3. Compensation Models Are Evolving—Buyers Must Be Aware

Under the new guidelines, listing agents can now indicate “no initial offer of compensation” on listings, but compensation remains negotiable. This shift means that buyers need to be aware of their responsibility for their agent’s fees unless the seller agrees to cover them. To prevent surprises at closing, clear communication about compensation should be established early in the home-buying process.

Final Thoughts

As transparency and accountability take center stage in real estate transactions, both agents and clients must stay informed about their responsibilities. Proper documentation, clear communication, and adherence to industry guidelines will help ensure smooth transactions for all parties involved.

For real estate professionals, staying updated on these changes is essential to providing clients with the best possible guidance and service.

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