Understanding Recent Clarifications on Mortgage Commission Rules

Lisa Mailhot  |  April 22, 2024

Buyers

Understanding Recent Clarifications on Mortgage Commission Rules

Two thick blue and red hardcover books stacked on a wooden table.

 

In the ever-evolving landscape of real estate, understanding the subtleties of mortgage rules and commission payments can be crucial for both buyers and sellers. Recent guidance from Fannie Mae and Freddie Mac has reaffirmed that sellers can continue to pay buyer's agents' commissions without it counting as a concession. This article delves into these clarifications and what they truly mean for the real estate market.

Clarifications on Commission Payments

During a recent announcement, representatives from Fannie Mae and Freddie Mac clarified important aspects regarding the payment of buyer’s agent commissions. This guidance comes amidst widespread speculation and misconceptions following a proposed settlement that could alter the longstanding practices of how agents are compensated.

The Core of the Guidance

The key takeaway from the recent bulletins is that payments made by sellers to buyer’s agents will not be considered seller concessions. This means these payments do not count towards the cap on "interested party contributions" (IPCs), which are typically limited to between 2% and 9% of the property’s value depending on various factors. Importantly, this preserves the traditional method of compensating buyer's agents without additional financial implications for the seller or buyer under current guidelines.

Desk with an open newspaper, black glasses, red coffee cup, white keyboard, and two silver pens.

 

The Implications for Sellers and Buyers

This clarification ensures that the existing system of commission payments remains intact, allowing sellers to continue incentivizing buyers' agents through traditional channels. It provides stability and predictability in how commissions are handled, ensuring that there are no sudden shifts in financial responsibilities when closing deals.

Future of Commission Structures

While the clarifications confirm the status quo, there is ongoing discussion about potentially "decoupling" commissions. This would mean that buyers might negotiate and directly pay their agent's fees, shifting away from the seller-paid commission model. This proposed change is part of broader industry reflections on enhancing transparency and fairness in real estate transactions. Although these discussions signal possible future changes, the current practices as clarified by Fannie Mae and Freddie Mac remain unchanged, and it is this current guidance that remains our focus today.

Bottomline

As the real estate industry continues to adapt and evolve, understanding the nuances of these regulatory clarifications is more important than ever. For those considering a move or investment in real estate, staying informed about these changes is crucial. If you're looking to navigate the complexities of buying or selling a home with ease, let's connect and make your real estate journey a success.

 

 

Reference: Carter, M. (2024, April 22). Lamacchia: 'Nothing's changed' about mortgage commission rules. Inman. Retrieved April 22, 2024.

RECENT BLOG POSTS

Record King Tides Are Flooding SoCal and Orange County Buyers Need to Pay Attention

Record king tides and a Super El NiƱo are flooding Orange County and SoCal coasts. Here is where the water has hit and what comes next.

Orange County Housing Market Cools but Equity Keeps It Strong

Pending sales hit a multi-year October low in Orange County, but equity keeps the market steady. See what buyers and sellers should know.

Housing Is the Issue Young Voters Cannot Ignore This Midterm Season

Housing costs are the top concern for young voters heading into the 2026 midterms. See what it means for Orange County buyers and sellers.

Why Your Low Mortgage Rate Cannot Follow You to a New Orange County Home

Portable mortgages are back in Congress, but experts see big hurdles. Here is what Orange County buyers and sellers should know.

Newport Beach Floods Remind Orange County Buyers and Sellers to Plan Ahead for Coastal Living

Tropical Storm Rachel flooded Newport Beach’s Balboa Peninsula. Here is what Orange County buyers and sellers should know about coastal living.

Why Heat, Fire and Insurance Costs Are Changing How Californians Choose a Home

Record heat, wildfires and rising insurance costs are reshaping California moves. See what it means for Orange County buyers and sellers.

Gray two-story home with a front porch, American flag, and landscaped lawn.
Rising Rates Are Reshaping the American Dream and the Midterms

Rates above 7.5% are squeezing young voters. See what the affordability squeeze means for Orange County buyers and sellers.

Surfer carrying a board across wet sand beneath a vivid beach sunset.
Orange County Events This Weekend From October 8 to 11

Things to do in Orange County Oct 8 to 11, from Carnival Colossal and Margaret Cho to Irvine Global Village Festival and Chili at the Beach.

SOLD sign displayed in front of a house with a covered porch.
Price Cuts Are Climbing and Orange County Buyers and Sellers Should Take Note

Price cuts hit a record September high nationwide. See what Redfin's new data means for Orange County buyers and sellers heading into fall.

We are excited to assist you in finding your perfect home

Let's find a time that suits you best to chat about your goals, show you how we work, and figure out how we can help you the most