Our Ex-President isn’t the only one getting fined

Philip A. Raices

Philip A. Raices

If you haven’t seen or read the news the other week; I will tell you about the two colossal stories.  The National Association of Realtors settled its case with the Justice Department concerning the “supposed” fixing of commissions.  It was a whopping $418,000,000.  However, Berkshire Hathaway is the only Brokerage that is appealing their case, as Warren Buffet has unlimited funds of $135,000,000,000 to pursue the company’s innocence. Whereby, the x-President penalty was considerably more.  He has to come up with 110% of the charges of $454,000,000 by approximately 3/25/24, or lose the opportunity to appeal his case! 

 The National Association of Realtors decided to settle the case.  If they were to appeal, like Berkshire Hathaway, the costs of fighting the case might have bankrupted the corporation, especially if they lost. I am wondering who is going to pay the $418,000,000 over approximately 4 years; and will it be divided over all of the 1,554,604 Realtors in 106,548 brokerages (as per The National Association of Realtors) in the U.S. in 2024?  There are approximately 2,000,000 licensed agents.  If you aren’t part of an MLS, you are not considered or allowed to use the Realtor’s name or logo.  Calculating the cost per agent, if divided among all the current licensed Realtors, it would be $268.88, and in the big picture and in the scheme of things that isn’t that bad.  

My professional opinion is that it all revolved around the sellers having to pay a commission to a buyer’s agent if their client purchased and closed on the home. However, there are times when the buyer does pay the fee to their buyer’s agent who represents them.  But indirectly,  it is the seller that pays the buyer’s agent.  However, listing agents have the right and the choice not to pay a buyer’s agent.  But what usually happens is the buyer’s agent includes their commission in their offer; so the net to the seller is minus the commission to the buyer’s agent.  So indirectly, the seller is still paying their fee.

However, if they are bringing their clients to view the available homes on the market, isn’t it a benefit to the homeowner by creating more showings? So, why not remunerate them? The more traffic the better, especially with our 50-year low in housing inventory. The buyer is already paying a hefty sum for their purchase, so why should they pay the fee?  I do not see why this was such a monumental part of the issue in the DOJ lawsuit. 

When it comes to fixing commissions by brokerages getting together and conspiring and colluding together, which was part of the DOJ case; I find that very suspicious, sketchy and extremely rare on Long Island, at least from my 42 years of experience in the industry.  Of course, there is always a possibility that it might have occurred, but is a rarity.

Sellers have the right to discuss the commissions, say no, and then negotiate.  But sellers and buyers need to realize the cost of doing business today as that commission check isn’t all profit. I have seen commission splits that can be from a 50/50 split to 100% for the agent. But there are other fees that those agents on the higher commissions have to pay from desk and transaction fees, advertising, business cards, as well as E and O (errors and omissions insurance in the event of a lawsuit, an agent is covered w/the exception of fraud or other events and situations that might not be included). In addition, there are car expenses, e.g. gas, repairs, wear and tear, etc.  

When one calculates all the costs, the fees asked for are warranted and proper for those who are the true professionals who are part of the 10% club in earning an excellent income.  They will always handle their clients in a transparent, upfront, and candid fashion while doing their business to find their purchasers their next place to call home.  For those who tarnish the industry and sometimes give it a bad name, they are far and few between.  Lastly, NYS has a larger number of spotters out there in 2024, to watch over and catch those who do not abide by the rules, regulations, and code of ethics, so they need to watch their back and be aware not to break the law.  

P.S. Have you entered our contest yet?  Whoever provides the correct answer in how many interest rate reductions or possible increases plus the total percentage reduced or increased will be the winner.  Your reward will be a dinner with my wife and I and a special surprise bonus!  The contest will end on 4/15/24 and the final drawing will be on 12/28/24 and the winner will be notified thereafter..  We thank the multitude of participants who have already entered and this will be a very exciting contest to determine what Jerome Powell, the Fed Chair’s course of action will be during 2024. The first correct complete answer picked will be the winner! To be qualified, you must send your answers to Phil@TurnKeyRealEstate.Com with your legal 1st and last name, cell, and email by midnight on 4/15/24.

Hoping you, your Family, Friends, and Business associates have a Healthier, Safer, Happier, and more Lucrative 2024!   

Philip A. Raices is the owner/Broker of Turn Key Real Estate at 3 Grace Ave Suite 180 in Great Neck.  He has 42+ of years experience in the Real Estate industry and has earned designations as a Graduate of the Realtor Institute (G.R.I.) and also as a Certified International Property Specialist (C.I.P.S.) and has earned his National Association of Realtors “Green Industry designation for eco-friendly low carbon footprint construction with 3-D printed foundations, Solar panels, Geo-thermal HVAC/Heat Pumps).

Check out My New Digital Business Card that my friend has created the software. I am the National Distributor in the U.S.A. My question is, are you still using your old 1900’s passé paper business card? Do you still have a rotary phone? Of course not! So, get on board in 2024 with cutting-edge revolutionary and transformational technology that will assist you in propelling your business and profits to the next level. Save my information Videos/Virtual and drone Tours/Bio/Reviews to your Cell/iPad/iPod and PC contacts by clicking on the link below, and clicking on Create, then “DONE, then “DONE” again. 


He will give you a copy of “Unlocking the Secrets of Real Estate’s New Market Reality, and his Seller’s and Buyer’s Guides for “Things to Consider when Selling, investing or Purchasing your Home.

He will also provide you with “free” regular updates of what has gone under contract (pending), been sold (closed) and those homes that have been withdrawn/released or expired (W/R) and all new listings of homes, HOA, Townhomes, Condos, and Coops in your town or go to WWW.Li-RealEstate.Com and you can “do it yourself (DYI) and search on your own.  For a “FREE” no obligation 15-minute consultation, as well as a “FREE printout or digital value analysis  of what your home might sell for in today’s market without any obligation or “strings” attached call Philip at (516) 647-4289.  

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