Good news this week for home sellers as lenders update closing costs sellers are permitted to pay for the buyers.

Why this is Big News

The recent proposed settlement from NAR on the commission lawsuit prohibits listing what the seller is offering to the buyer agent in the MLS.  Sellers can still offer buyer agent compensation or agree to pay buyer closing costs. The recent agreement also mandates buyers sign a buyer agent agreement showing how much the buyer will pay their agent.

The confusion could arise, depending on how the contract is written, if the payment is compensation or concession. The reason that matters is because lenders put a limit of how much a seller can pay for the buyer, and it varied depending on how much buyer is putting down and what type of loan they were applying for. This is why it’s imperative lenders update closing costs concession rules.

Fannie Mae (FNMA) selling guide B3-4.1-03 allows interested party contributions to make contributions to buyer’s closing costs. The seller is considered an interested party, so this is allowed. FNMA has also said they will not count buyer agent commission paid by seller on behalf of the buyer towards the IPC (Interested Party Contribution) limits. In other words, the seller can still pay the buyer closing costs, if need be, and any commission paid by seller will not be counted against the buyer’s concession limits.

Concession Limits

Under FNMA guidelines, interested parties can contribute between 2-9% of buyer’s closing costs depending on the loan.  If a buyer needs more than 2% in closing costs paid on the loan, working in the buyer agent commission would have been impossible if they computed that fee as a limit. Sellers were worried because limiting buyers means potentially longer time on the market and fewer buyers. In a shifting market with rising interest rates, that would not be good for home sellers.

What is Changing

So far, nothing much. Home sellers have always had the option to pay the buyer agent side. Lenders clarifying their position will give sellers comfort. Sellers can still attract buyers to their properties, and the payment of commission on buyer’s behalf will be allowable. Lenders understand the needs of buyers and sellers. Had lenders not clarified, buyers would be harmed because they would not be able to purchase a property when the seller is not paying the buyer agent commission in many cases. Sellers would be hurt too. Had lenders not allowed this, they would have lost many buyers who can no longer purchase their property.

Status Quo

As of right now, the only thing changing is the fee the seller is offering to pay as compensation cannot be listed in MLS. A seller can list a concession they’re willing to pay, but most sellers will not do that because the concession could be used for anything. Listing agents may charge more to work with unrepresented buyers because their costs will be greater, and the seller wouldn’t want to pay for buyer agent compensation through the listing agent and as a mandatory concession.

How It Might Work

We believe most sellers will not offer a concession in MLS.  We haven’t seen the new forms yet, because the settlement hasn’t been approved yet. Our thinking is sellers will still agree to pay buyer agent compensation. In most cases that information will not be in MLS. Buyer agents will be forced to call listing agents. Depending on the answer, buy will need to make a decision if they want to view that home. If a seller is not offering to pay a buyer agent compensation, many buyers will pass on seeing the home. Other buyers might view it, and if they like home ask seller to pay buyer agent anyway through their offer. Other buyers may go directly to the listing agent, but they may have to wait to see it depending on schedules. Efficiencies will be lost.

Considering Selling?

Call Brett or Sande Ellis 239-310-6500 We’ll walk you through the changes. Marketing will become more important than ever, and nobody markets like the Ellis Team at Keller Williams Realty. We can discuss your options, and talk about the pros and cons of each decision, and how it will affect your bottom line.

New Listings

2726 SW 2nd Pl Cape Coral

6351 Brant Bay Blvd #104 North Fort Myers

Lee County Florida housing inventory levels stabilize at the end of season. This is true for single family homes and condo listings. To be fair, there were 111 single family homes that expired on April 1^st and some of them will come back on the market. Those 111 expired listings would not have changed things that much.

We’ll be watching pending sales going into April and May, and of course new listings. All eyes will also be on interest rates this year as well. I did a little digging into the market and analyzed last week’s price reductions.

12.62 % of all single-family home listings reduced their price this past week. The average price reduction last week was 3.59%. As the season draws to an end it is clear that many home sellers are adjusting to the market as they are motivated to successfully close and move on to their next venture.

Pending Sales

 Pending and pending contingent sales picked up slightly last week to 2,226, which was up from 2,174 the week before. However, that number is down from the 2 weeks prior to that. We should note we would expect pending sales to be highest close to the end of the month, especially at the end of season.

Interest Rates

Experts have been predicting up to 9 interest rate cuts this year going back to the 4^th quarter of last year. We have been saying, not so fast! The Fed’s latest announcement suggests up to 3 rate cuts this year, but again, we are saying, not so fast! While we would love rate cuts in 2024, we’re not sure the Fed is going to cut if they follow their own criteria. They might very well cut due to political reasons, but the numbers do not meet their criteria. The Fed has added an unemployment number criteria which was not met. I am writing this article before the Wednesday CPI number comes out, and that is not expected to help either.

Oil

 I can’t tell you how many times we have said the price of oil influences inflation interest rates, and the economy. Oil prices have been stubbornly high because we are not getting cooperation from OPEC. We have released much of our strategic reserve, and we don’t have more to release to bring prices down, albeit temporarily. It seems so long as our policies are favorable to Iran, Saudi Arabia is not going to help us. High oil prices are not good for inflation. Neither is spending, and we have both problems right now. The Fed cannot risk lowering rates too soon and risking double-dip inflation later. The Fed wants to lower in June to avoid the appearance of waiting and interfering with the election.

Assumptions

If we assume the Fed is not going to lower rates in June, how will that affect consumer confidence and affordability in the housing market? Many buyers are buying and enjoying the selection of homes. Other buyers, however, are reluctant, possibly due to affordability issues. Others may fear prices will fall and wish to wait until they do. Ironically, when interest rates fall, it adds to affordability and could give fuel to further prices increases later.  Invariably buyers try to time the best time to purchase, and invariably they get it wrong. Buyers are not alone though. Sellers try to time the market as well, and most get that wrong as well.

We’ll be watching the CPI numbers this week, and charting housing inventory levels and pending sales.

Hurricane Season

Predictions call for a record year for tropical systems this year, and the Gulf of Mexico is supposedly in the cross hairs. We know several sellers have stated they do not want to be here for another season. If you’re one of those people, the time is now to get your home on the market and sell before hurricane season heats up.

Overall, we have a good market. Prices are stable enough, and buyers are looking, so long as they see value. Homes must be marketed to attract as many buyers as possible, both near and far. Homes do not sell themselves. Changes are coming to how homes are marketed.

Call Brett or Sande Ellis 239-310-6500 to find out how your home can stand out and sell this year! We’ll market your home for all it’s worth. Or visit www.Equity-Analysis.com to track your home’s equity position.