Episode 33 - Ed Zorn

Should NAR Settle or Appeal: Post Verdict

Hosts James Dwiggins and Keith Robinson unraveled the complexities of the real estate world with special guest Ed Zorn, VP & General Counsel at California Regional MLS (CRMLS). Together, they discussed the evolving landscape of real estate transactions, proposing changes to the MLS system, such as the decoupling of buyer and seller-side commissions. The conversation also touched on the challenges posed by copycat lawsuits and potential implications for large real estate companies, emphasizing the importance of a unified approach to settlements within the industry.

Decoding Settlements and Their Implications

Ed Zorn delves into the intricacies of settlements within the real estate industry. The discussion revolves around the distribution of funds between the sell side and the buy side. Ed emphasizes the need to unify both sides in the conversation to determine a fair allocation of funds. Here are the key points:

  • Balancing Act: If a mass settlement occurs on the sell side, it may leave insufficient funds for the buy side. Ed suggests bringing both sides into the same conversation to navigate this challenge effectively.
  • Remax and Anywhere: The hosts inquire about the scope of settlements for companies like Remax and Anywhere, wondering if they only pertain to sellers. Ed clarifies that these companies could still face legal challenges concerning buyers being damaged.

Crafting the Ideal Settlement Proposal

The conversation shifts towards crafting a settlement proposal that aligns with the needs of the real estate industry. Ed proposes a multifaceted approach, touching on changes to the Multiple Listing Service (MLS), transparent broker agreements, and the importance of a clear negotiation process. Here’s what he suggests:

  • MLS Changes: Ed advocates for decoupling and introduces the idea of altering the MLS to allow more flexible offers, promoting transparency in communication between buyers and sellers.
  • Broker Agreements: Clear broker agreements are crucial. Ed recommends getting rid of certain rules and adding others to ensure a fair negotiation process. He highlights the importance of buyer representation agreements signed before a property is shown.
  • Transparent Negotiation: Ed proposes a transparent negotiation process through a freeform text box for concessions, allowing sellers to communicate their willingness to contribute to the buyer’s agent fee.

Looking Ahead: What the Future Holds

As we glean insights from industry experts like Ed Zorn, the question arises—what does the future hold for the real estate market in the next 30 to 60 days? Ed recommends a year for corporate defendants to negotiate, involving industry professionals in crafting a solution that prioritizes consumer protection, transparency, and streamlined property transactions.

Remember, success in the real estate industry is not just about selling properties; it’s about staying informed, adapting to changes, and embracing the wisdom shared by industry insiders. Tune in, take notes, and embark on a journey of continuous growth in the dynamic world of real estate.