Real Estate Industry Adapts to New Fee Disclosure Requirements Amid Ongoing Implementation

Real estate professionals are evaluating fee disclosure practices as the industry implements changes following recent settlements and regulatory updates. State associations are developing disclosure forms and guidance documents while agents and brokerages adapt to new negotiation frameworks where buyers and sellers directly negotiate compensation with their respective agents. Courtney Poulos, Founder and CEO at ACME Real Estate in Los Angeles, observes the ongoing implementation process in California markets, noting that the market-based negotiation framework allows clients to evaluate service offerings and make decisions based on their needs.

Recent changes eliminated pre-negotiated buyer agency commissions, requiring direct fee negotiations between agents and clients for each transaction. This structure shifts compensation discussions to one-on-one conversations rather than pre-established arrangements. Poulos explains that everything is negotiated between agent and client, with clients evaluating the services being offered and determining whether proposed terms work for their situation. The implementation continues across different markets as agents, brokerages, and clients adjust to updated practices and disclosure requirements.

Agents present service packages that bundle various components of representation, marketing, and transaction management, with clients assessing these offerings during negotiation discussions. Poulos says agents present their services and associated compensation, and clients can accept terms, negotiate adjustments, or seek alternative representation based on their assessment. However, Poulos raises questions about the scope and ultimate objectives of expanding disclosure requirements, asking how deep disclosure requirements will ultimately go and whether third-party unlicensed advertising and lead generation services will be included in mandated disclosures.

The question becomes what level of business expense detail appropriately belongs in client conversations, Poulos notes, asking in what other profession practitioners itemize their marketing costs, advertising expenses, or business development investments when quoting service fees. Some professionals question whether the agenda extends beyond transparency to itemizing all income streams, potentially diminishing agent value by suggesting agents overcharge clients to cover lead acquisition costs, though evidence of systematic overcharging remains absent from the discussion.

State real estate associations are developing forms and guidance materials to support members in implementing updated practices, with materials varying by jurisdiction based on local market conditions and regulatory environments. California has released updated forms as part of its implementation process, while other states are developing their own approaches suited to their markets. The real estate industry continues adapting to updated negotiation frameworks and disclosure practices as agents, brokerages, and clients work through new processes while implementation progresses.

Professional education and training programs are addressing updated practices to help agents navigate client conversations and transaction documentation under current requirements. Market participants are gaining experience with updated frameworks as transaction volume continues through different market conditions, with the industry-wide adaptation representing a significant shift in how real estate services are priced and disclosed to consumers.