T
anya Monestier, a University at Buffalo law professor and consumer advocate, has taken a bold step by drafting her own sample buyer agreement, despite having no experience in real estate transactions. Her goal is to push the industry towards creating more consumer-friendly contracts, particularly in light of the National Association of REALTORS' (NAR) settlement mandate.
Monestier's three-page contract aims to make complex language accessible to buyers, sacrificing precision for clarity. She believes this approach will spark a conversation about crafting fair and balanced contracts that prioritize transparency. Her previous critiques of industry practices have drawn attention from Department of Justice antitrust lawyers, and her research includes guides on commissions and representation agreements.
Industry professionals reviewed Monestier's agreement, offering mixed opinions. Josh Jarboe, broker/owner of RE/MAX Empire, praised the simplicity and flexibility of the contract but noted potential commission confusion and a lack of clear protections for brokers. Michele Harrington, CEO of First Team Real Estate, commended the contract as an improvement over state association contracts.
Kendall Bonner, VP of industry relations at eXp, believes brokers will increasingly seek best practices in crafting buyer agreements, potentially shifting away from using forms created by local and state associations. Filippo Incorvaia, founder/broker of FI Real Estate, appreciated the clarity on commission discrepancies but suggested adding customizable sections to accommodate unique transactions.
Pam Rosser Thistle, a longtime agent with Berkshire Hathaway HomeServices Fox & Roach, REALTORS, criticized the agreement as lacking comprehensiveness for real-world situations. Monestier attributes industry pushback to apathy and risk aversion, arguing that her work aims to balance consumer protections with simplicity and clarity in contracts.
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