Trust This. Brokerages Adapt to New Rules – Bulk Homebuyer Bill – TRIM Alerts

Trust This.

By Joseph E. Seagle, Esq. ● Aug 23, 2024

Smart Brevity^® count: 6 mins…1542 words

👋 Happy Friday! Today is National Cuban Sandwich Day, and we all know that — outside of Cuba itself (if you can find one) — Florida is the best place for one of these delicious sandwiches (but we’re not biased).

🚨 Situation Awareness: Real property tax TRIM notices are out. We’re processing them as quickly as possible: scanning, renaming, uploading to the portal, and sharing them with beneficiaries as fast as we can go. However, the deadline to challenge valuations or exemption denials is extremely short. We just started receiving them last Friday, and the deadline to appeal to the Value Adjustment Board is only 25 days from when the TRIM notice is mailed (not received).

• If you fear that your valuation may be incorrect for a property that we hold in trust for you, please go directly to the county property appraiser’s website today to search for and retrieve a copy of the notice to avoid more delays.

• Otherwise, watch your e-mail for anything from our office via the Clio portal. Click the big blue button in the e-mail to securely view, download, and print the TRIM notice (or anything else) we share with you about your trust property.

1 big thing: Brokerages Are Figuring Out Their Own New Normal

As of August 17, broker commissions can no longer appear in any MLS in the United States, per the National Association of Realtors’ (NAR) commission lawsuit settlement agreement.

A quick recap: The intention behind the settlement was to curb steering so that buyers’ agents would show clients all available homes, regardless of their potential commission, leveling the playing field for buyers.

Why it matters: Although the new NAR rules apply throughout the country, there’s no nationwide standard on how to apply them. Brokerages are taking various routes to compliance.

• Brace for confusion as all parties get their bearings.

Some different approaches:

• eXp Realty says it’s up to the seller to decide whether they’ll offer buyer broker compensation — so long as they’re following the rules of their local MLS.

• Side is taking a similar approach, leaning on its managing brokers in individual states to guide agents and clients on proper protocol.

• The Real Brokerage, like eXp, is leaving it up to sellers to decide whether they want to offer buyer broker compensation and how (and if) they want to advertise it, so long as they comply with local MLS rules.

• NextHome’s CEO James Dwiggins recommended that his agents not share offers of buyer broker compensation with buyers in advance of an offer—“unless there is a really good reason to incentivize a buyer.”

• Lamacchia Realty is ready to handle the uncertainty among buyer’s agents, having set up “round-the-clock assistance” to answer incoming questions about potential compensation on a given listing. Like eXp, Lamacchia will allow sellers to control offers of buyer broker compensation.

• Berkshire-Hathaway Drysdale Properties feels like this type of question-and-answer system “creates a secret society” contrary to the spirit of the settlement. Broker-owner Gretchen Pearson says her company will continue submitting all offers to sellers without turning down potential offers or telling buyers they’re wasting the seller’s time.

What we’re seeing: We sign dozens of purchase contracts each week, and we’ve noticed that the package for e-signing now includes a buyer-brokerage agreement in most cases.

• We agree that we are responsible for paying the broker who introduces us to the property.

• We’re also seeing a “Request for Seller Contribution to Buyer’s Brokerage Commission” (or something to that effect) in which we ask the seller to pay our broker’s commission.

• It’s more paperwork, deal points, negotiation, and just one more thing to slow down the laborious purchase closing process.

The bottom line: As brokerages settle into the new normal, their differences in approach could lead to further friction in the industry — as well as a nationwide patchwork of solutions.

2. Bulk Homebuyers Are the Target of a New Bill

A new U.S. Senate bill would require buyers to disclose bulk purchases of single-family homes to federal regulators for antitrust review.

Why it matters: According to a statement, the bill aims to “stop anticompetitive transactions that could increase rents, decrease services, and push homebuyers out of the market.”

• If passed, the Housing Acquisitions Review and Transparency (HART) Act could drastically change the complexion of the housing market—from rental prices to who is buying homes.

The targets: HART targets corporations and private equity firms in the SFR (single family rental) industry.

Brief timeline of SFRs:

• Late 2000s: In the aftermath of the financial crisis, private equity firms bought many single-family homes in foreclosure at heavy discounts.

• 2017: Blackstone took its SFR business (Invitation Homes) public as a real estate investment trust. It now owns about 80,000 houses.

• 2024: A recent Zillow study found that single-family rent prices have increased almost 40% since the Covid-19 pandemic erupted in March 2020.

What it would do: The Act would require bulk purchases of single-family homes to report to the:

• Federal Trade Commission (FTC) and

• Department of Justice (DOJ)

Who’s behind it: Amy Klobuchar (D-Minnesota) and Sherrod Brown (D-Ohio) proposed the HART Act.

Their position: “Housing is becoming increasingly concentrated in the hands of large corporations,” Klobuchar has noted, leading to consumer problems. These include:

• Rapidly increasing rental prices

• The displacement of existing residents

• Potential homeowners being priced out of the market

Who else in the Senate supports it:

• Mazie Hironi (D-Hawaii)

• Jeff Merkley (D-Oregon)

• Bernie Sanders (I-Vermont)

• Tina Smith (D-Minnesota)

• Chris Van Hollen (D-Maryland)

• Elizabeth Warren (D-Massachusetts)

• Ron Wyden (D-Oregon)

Supporters outside of Congress:

• American Antitrust Institute

• National Low Income Housing Coalition

• American Economic Liberties Project

• P Street

• Accountable.US

• Open Markets Institute

The bottom line: Watch this bill as it moves through the legislative process—it could drastically change the housing and rental markets.

Anonymity has its place in any asset protection strategy.

• But — when it comes to real estate — too much anonymity can be a bad thing.

• That’s our topic in this week’s “Ask Joe Anything” episode of the Trust This podcast.

Listen in or watch on your favorite streaming platform.

3. Catch up fast

1. Existing home sales up 1.3% between June and July, but down 2.5% year-over-year. MPA Magazine

2. Sluggish home sales are expected to last well into 2025 as buyers stay sidelined, waiting for better affordability. FannieMae via PR Newswire

3. The death of hallways in Tetris-like homes. Axios

4. Job creation numbers will probably be revised downward by 818K between March 2023 and 2024, signaling that the slowdown started earlier than the Fed thought. Now, the markets are pricing in a 100 bps reduction in the Fed Rate between September and the end of the year. Bloomberg (gift link good for 7 days)

5. Texas court enters final summary judgment barring enforcement of the FTC’s ban on non-compete agreements. The National Law Review

6. Orlando’s Grand Hyatt hotel sells for $1.07 billion, and the buyer plans to build another Hyatt on the adjacent 45 acres with an additional 2,500 rooms to serve the Orange County Convention Center tourism corridor. Hotel Management

7. Harris unveils policy to build 3 million new affordable homes. CNBC

8. and the National Association of Homebuilders likes the proposals … with some caveats. NAHB

4. Closing Thought: Vision/mission statements are critical

We get it, so you don't have to. The annual TRIM notices are flowing into our PO Box daily. This is just one day's haul heading from the PO to our offices to be processed. If you want your TRIM notice sooner than later, you can go to the county property appraiser online to pull it. Otherwise, watch your inbox for an e-mail from Clio, our online portal where we securely share the mail we receive with you.

Crafting a meaningful vision statement starts with understanding your core beliefs.

• What drives you?

• What impact do you want your business to have on the world?

• This isn’t just about profit—it’s about the deeper purpose that motivates you and your team daily.

Reflect: Spend time considering your values and what you believe your business can uniquely contribute.

Engage others: Involve key stakeholders in this process, including employees and clients. Their perspectives can offer valuable insights and help ensure your vision resonates broadly.

Be specific: Your vision statement should be clear, concise, and focused on a tangible aspiration. Avoid vague language; instead, articulate an inspiring and actionable vision.

What’s next: Infusing Vision into Your Business

• Walk the talk: A vision statement is only as powerful as its implementation. Making your vision a living part of your business requires embedding it into every aspect of your operations, hiring, promoting, and firing.

• Communicate consistently: Regularly reinforce your vision in meetings, marketing materials, and internal communications. This ensures that everyone in your organization is aligned with the same goal.

• Lead by example: Your actions should reflect your vision. When leaders embody the company’s vision, it sets the tone for the entire organization.

• Measure and adjust: Continuously evaluate how well your business adheres to its vision. Be prepared to make adjustments to stay aligned with your core purpose.

The bottom line: A well-developed and articulated vision speaks to the heart and gut, guides your business, and inspires and unifies your team, creating a strong foundation for long-term success.

We hope you found this helpful — any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.

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Be on the lookout for our next issue! 👋

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