Commissions to Buyer’s Brokers – The Broker Compensation Clause…Food for Thought.

In light of the current civil litigation attacking the Broker Compensation clause in the NAR MLS Guidelines:

Why would a seller pay anything to a Buyer’s Agent in a hot real estate market with low inventory and multiple offers being the norm?

The answer, I believe, is that they would not if they were properly informed and understood that it was not a requirement to pay a Buyer’s Broker, but an industry practice. Paying a buyer’s agent in the above scenario equates to “uninformed consent.”

Am I wrong? If I am, why am I wrong?

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