realestate

Colorado's seismic real estate commission scandal sparks minimal public reaction

Metro Denver agents report business as usual despite market shifts.

N
ew rules governing real estate commissions in Colorado took effect on August 17, sparking concerns about their impact on homebuyers and sellers. However, many local agents report little to no change in how commissions are handled. The new regulations require buyer agents to disclose commission terms upfront and prohibit listing agents from posting the commission a seller is willing to pay.

    Despite these changes, most transactions still involve sellers covering the full cost of buyer agent commissions. Cooper Thayer, a Realtor with Keller Williams, notes that he has completed 16 transactions since the rule change without any buyers having to cover their own costs.

    The National Association of Realtors and major brokerages settled with home sellers who contested the practice of sellers paying buyer agents' commissions. The settlement came after a $1.78 billion jury verdict against them last year. Agents now require written agreements stating compensation terms, but this has not significantly altered the commission structure.

    Kelly Moye, a Realtor with Compass Real Estate, says she hasn't seen much change in how commissions are handled. In rare cases where sellers ask buyers to cover costs, agents may step in or have their clients absorb the difference. Amanda Snitcker, chairwoman of the Market Trends Committee at the Denver Metro Association of Realtors, notes that there has been no noticeable shift in commission payments.

    Buyer agents must now reach out to listing agents for commission terms, but this is often done anyway when a client expresses interest in a property. In some cases, compensation agreements are included in offers as another negotiated term. Agents have reported stepping in to cover small gaps in commissions or having buyers absorb the difference.

    A survey of 734 agents from discount real estate firm Clever found that total U.S. real estate commission averages 5.34%, with Colorado averaging 5.29%. The split in Colorado is 2.62% for buyer agents and 2.67% for seller agents. Average commissions have fallen from 5.64% before the settlement to 4.96% in the two months following implementation.

    Real estate blogger Rob Hahn notes that commissions may drop further in 2025 due to increased competition in the market. Agents attribute the current situation to a more competitive market with rising inventories and more days on the market, rather than the rule change itself.

Colorado officials embroiled in seismic real estate commission corruption scandal investigation.