The real estate world just went through its biggest shake-up in decades. As of late 2024, the rules governing how homes are bought and sold have changed significantly. If you’re still operating on the "old way" of doing things, you could be leaving thousands of dollars on the table or, worse, finding yourself legally locked out of your dream home.
At Maya Team Inc, we’ve guided over 3,000 families through the complexities of the California market. We’ve seen the confusion firsthand. Whether you are a first-time homebuyer or a seasoned seller, understanding these new regulations is no longer optional: it's essential.
The Short Answer: What’s Different?
In short, the National Association of Realtors (NAR) settlement changed two major things: Transparency and Agreements. You can no longer see what a seller is offering to pay a buyer's agent on the MLS, and buyers must sign a written agreement before even touring a home.
Here are the 7 biggest mistakes we are seeing right now and exactly how to fix them.
1. Touring Homes Without a Signed Buyer Agreement
This is the number one mistake in the "New Rules" era. Previously, you could walk into an open house or call an agent to see a property with no strings attached. Now, if an agent is a member of the NAR (which most are), they are legally required to have a signed Buyer Representation Agreement before they can show you a home: even virtually.
The Fix: Don’t be offended when an agent asks for a signature early on. Instead, use this as an opportunity to vet them. You can sign a "limited" agreement that only covers one specific home or lasts for just 24 hours while you decide if you like working with them.
2. Assuming the Seller Always Pays the Commission
For years, it was "standard" for the seller to pay both their agent and the buyer’s agent. That is no longer a guarantee. Sellers are no longer required to offer a set compensation to the buyer's broker through the Multiple Listing Service (MLS).
The Fix: Check the math before you fall in love with a house. Ask your agent to find out outside of the MLS if the seller is offering a concession. If they aren’t, you may need to pay your agent’s fee out of your own pocket or negotiate it into your offer.
3. Skipping the Commission Negotiation
Many consumers still think commissions are fixed at a standard 5% or 6%. This has never been true, but the new rules make it even more clear: everything is negotiable. If you aren't talking about the specific dollar amount or percentage you are paying, you are likely overpaying.
The Fix: Ask for a clear breakdown. At Maya Team Inc, we believe in full transparency. Whether it's a flat fee or a percentage, make sure it’s written in your agreement. As Mortgage Loan Originators (MLO) and Realtors®, we can help you see how these fees impact your overall loan and bottom line.
4. Not Factoring Agent Fees Into Your Mortgage Plan
This is a huge trap for first-time buyers. If you find a home where the seller isn't paying your agent's fee, and you haven't budgeted for it, your loan could be at risk. Most traditional loans have limits on how much a seller can contribute toward your closing costs.
The Fix: Work with an expert who understands both the real estate and the mortgage side. Rony Velasquez, as a Real Estate and Mortgage Broker, can run the numbers to ensure your "Total Cash to Close" includes any potential agent fees so there are no surprises at the 11th hour.
5. Relying on "Standard" Old-School Practices
If your agent tells you "this is just how it's always done," run. The old "standard" ways of handling paperwork and disclosures are being replaced by stricter transparency requirements. Using outdated forms or verbal "handshake" agreements can lead to legal headaches.
The Fix: Ensure your team is using the latest California Association of Realtors (CAR) forms. Our Office Manager, Mona Bottros, ensures every transaction at Maya Team Inc is compliant with the newest 2026 standards, protecting your interests from start to finish.
6. Ignoring the Power of Seller Concessions
Sellers often make the mistake of refusing to pay a buyer's agent out of principle. However, in a competitive market, being "uncooperative" can shrink your pool of potential buyers significantly. If a buyer has to pay their agent $15,000 out of pocket, they might not be able to afford your home.
The Fix: View the buyer-agent fee as a marketing expense. By offering a "Seller Concession," you make your home accessible to more buyers, which often leads to a higher sales price and a faster closing.
7. Working with a "Part-Time" Specialist
The new rules are complex. They involve nuances in Trust and Probate guidance, investment calculations, and the "New Rules" of seller representation. Working with an agent who doesn't study these changes daily is a recipe for disaster.
The Fix: Hire a full-time professional. You need someone who is not just a Realtor® but an educator. We specialize in helping first-time homebuyers and sellers navigate these exact waters with over 22 years of experience.
Your "New Rules" Compliance Checklist
Use this checklist to ensure you’re protected in your next move:
- For Buyers: Have you signed a Buyer Representation Agreement before your first tour?
- For Sellers: Have you discussed "Seller Concessions" with your listing agent to attract more buyers?
- Negotiation: Did you discuss the specific commission amount (not just a "standard" rate)?
- Transparency: Does your agreement clearly state what happens if the seller offers less than your agent's agreed-upon fee?
- Finance: Has your MLO (Mortgage Loan Originator) reviewed your closing costs to include potential agent compensation?
Frequently Asked Questions (FAQ)
What is a Buyer Brokerage Agreement?
It is a legal contract between a homebuyer and a real estate brokerage. It outlines the services the agent will provide, the duration of the relationship, and exactly how the agent will be compensated.
Can I still see a home without signing anything?
Only if it is an unrepresented "Open House" where you are not working with an agent. If you want an agent to represent your interests and show you a home, a signed agreement is now mandatory under NAR rules.
Is 3% still the standard commission?
There is no "standard." Commissions have always been negotiable, and the new rules emphasize that there is no set rate. You should negotiate a fee that reflects the level of service and expertise you are receiving.
What if I can't afford to pay my agent?
This is a common concern for first-time buyers. You can ask the seller to pay the fee as part of your offer (a seller concession). If the seller refuses, you may need to look at different financing options or a different property.
Need a Guided Path Through the New Rules?
Navigating the 2026 real estate market requires more than just a "salesperson": it requires a consultant who puts education first. Whether you are flipping your first investment property or selling a home in trust, the Maya Team Inc is here to simplify the complex.
Connect with us today:
- Visit our Community: nas.io/mayateaminc
- Call/Text: Reach out to our office for a personalized consultation.
- Social: Follow us for daily market updates and investment tips.
Mona Bottros
Realtor® and Office Manager
Yaxkin Rony Velasquez
Real Estate and Mortgage Broker
Realtor® and Mortgage Loan Originator (MLO)
