The article discusses differing opinions among real estate professionals regarding the disclosure of seller compensation to buyers' agents. O'Koniewski and Dwiggins argue that revealing this information hampers sellers' negotiation tactics and violates the agent's fiduciary duty. Conversely, Lazine suggests that upfront compensation offers may prevent buyers from asking for more. The ongoing debate highlights a larger issue regarding cooperative compensation practices in the industry, with potential legal implications and a call for the National Association of Realtors to reevaluate its stance to mitigate lawsuits.
By putting one’s cards on the table, an agent by revealing seller compensation undermines their fiduciary duty and harms negotiation power for sellers.
Dwiggins posits that if the National Association of Realtors took a definitive stand against cooperative compensation, it could resolve ongoing lawsuits.
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