Buyer & Seller Responsibilities Under the New NAR Settlement
A quick guide to how today’s real estate process works.
BUYERS
Must sign a written Buyer Representation Agreement before touring homes. This agreement defines your agent’s duties, the services you will receive, how compensation is handled, and how long the relationship lasts. It is designed to make your rights, obligations, and costs clear before you step into any property.
SELLERS
Must sign a Listing Agreement that outlines services, pricing strategy, and compensation. The agreement specifies how your home will be marketed, what level of service your agent will provide, how and when commissions are paid, and your responsibilities as the seller. This creates alignment and transparency before your property goes on the market.
Why This Matters Today
The NAR settlement created a more transparent, agreement‑driven real estate process for both sides. Buyers and sellers now review written agreements earlier, understand how agents are paid, and see services spelled out in advance. This helps reduce surprises, clarify expectations, and support more informed decisions in today’s market.
For Sale By Owner
(FSBO)
Ready to sell your California home without listing with a traditional agent?
Leverage V Nation Corp’s tools, guidance, and market insights to list your property, review interest, and negotiate on your own terms—while staying informed about today’s NAR‑compliant, agreement‑driven process.
For Sale By Owner
(FSBO)
When FSBO May Make Sense
FSBO can be a viable option if you:
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Have experience with real estate contracts and negotiations
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Are comfortable handling showings, buyer inquiries, and open houses
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Have the time to manage marketing, phone calls, and follow‑ups
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Are in a strong seller’s market with high buyer demand
V Nation Corp can still support FSBO sellers with pricing guidance, market data, and introductions to professionals such as photographers, inspectors, and escrow officers.
Pros:
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No Commission Fees
You can avoid traditional listing commissions, which may increase your net proceeds from the sale. -
Full Control
You retain complete control over pricing, marketing, showings, and negotiations, allowing you to manage every aspect of the transaction according to your preferences. -
Personalized Marketing
You can present and promote your home in a manner that reflects your personal style, priorities, and schedule.
Cons:
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Limited Market Reach
Without full access to the MLS and established agent networks, your home may be exposed to fewer qualified buyers, which can impact days on market and final sale price. -
Significant Time Commitment
Coordinating marketing, inquiries, showings, and negotiations can be time‑consuming and may feel like taking on a second job during the listing period. -
Reduced Expertise
Without an agent’s experience, you may miss key insights on pricing, contract terms, contingencies, and negotiation strategy, increasing the risk of unfavorable outcomes. -
Legal and Compliance Risk
Managing disclosures, contracts, and deadlines without professional guidance can lead to errors that may be costly or create post‑closing disputes.
Hiring an Agent
When Working With an Agent May Be Preferable
Listing with an experienced agent is often better suited if you:
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Want maximum market exposure and a professionally managed process.
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Prefer expert support with pricing, negotiation, and inspection responses.
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Are concerned about missteps with disclosures, timelines, or contract terms.
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Have limited time to handle showings, questions, and paperwork personally.
Industry research indicates that FSBO homes can take longer to sell and may be more likely to fall out of contract, while properly priced agent‑listed homes can benefit from broader reach and smoother execution.
Pros (Hiring an Agent)
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Market Expertise
Agents bring in‑depth knowledge of local markets, pricing strategies, and buyer behavior, helping you position your home competitively. -
Negotiation Skills
Experienced agents can negotiate terms, concessions, and pricing on your behalf, aiming to secure the strongest overall deal. -
Time Savings
Agents manage the day‑to‑day details of the sale, including showings, paperwork, and communication with buyers and their agents. -
Access to Resources
They provide access to MLS exposure, professional photography, marketing tools, and a vetted network of inspectors, contractors, and escrow/title partners. -
Legal and Contract Guidance
Agents help you navigate complex contracts, disclosures, and legal requirements, reducing the risk of costly mistakes.
Cons (Hiring an Agent)
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Commission Costs
Sellers typically pay a commission, often a percentage of the sale price, which reduces gross proceeds and must be weighed against the value of professional representation. -
Less Direct Control
While you make final decisions, you may have less direct control over how the process is managed and how your home is marketed day‑to‑day. -
Potential Conflicts of Interest
As with any professional relationship, there is a possibility that an agent’s incentives may not always align perfectly with your preferences, underscoring the importance of selecting the right representative.