Question: Last year I sold my mother’s home, and I paid commissions to the buyer’s agent and my agent. Isn’t there a new rule stipulating a seller is no longer responsible for paying the commission to a buyer’s agent? Can I get reimbursed for the buyer’s agent’s commission, or do I need to file a class- action lawsuit?
Answer: The new rules, which took effect Aug. 17, say offers of compensation can no longer be made on the Multiple Listing Service, the network of databases that real-estate agents and consumers use to find homes for sale. The seller can still pay the buyer’s agent a commission, but that choice can’t be stated on the MLS.
The Honolulu Board of Realtors’ website (hicentral.com) explains how real-estate deals have changed since the National Association of Realtors settled a class- action lawsuit that accused it of reducing competition and inflating fees paid by homesellers under its then-rules. The settlement affects buyers and sellers (and their agents) differently.
Homesellers “still have the choice of offering compensation to buyer brokers. You may consider doing this as a way of marketing your home or making your listing more attractive to buyers. Your agent must conspicuously disclose to you and obtain your approval for any payment or offer of payment that a listing broker will make to another broker acting for buyers. This disclosure must be made to you in writing in advance of any payment or agreement to pay another broker acting for buyers, and must specify the amount or rate of such payment.”
The listing agent cannot state on the MLS that the seller will pay a buy-side commission, but can advertise that fact off the MLS platform, such as on social media, flyers and websites, it says.
As for what to do now, check the timing of the sale of your mom’s home and review the MLS listing and any agreements you had with your agent to confirm whether applicable rules were followed.
Q: Regarding the food drive, I give canned goods from my pantry — I don’t go buy it specifically for the food drive. That’s still OK, right? I look forward to giving each year. I didn’t get a bag like usual.
A: Yes. Saturday’s annual Stamp Out Hunger food drive welcomes acceptable nonperishable food, and postal customers are receiving blue plastic bags in their mailboxes for that purpose; it’s unclear why you didn’t receive one.
Here’s information from the U.S. Postal Service about what to give and what not to give:
Most-wanted foods include canned meats (tuna, chicken, salmon); canned and boxed meals (soup, chili, stew, macaroni and cheese); canned or dried beans and peas (black, pinto, lentils); pasta, rice cereal; canned fruits; 100% fruit juice (canned, plastic or boxed); canned vegetables; cooking oil; and boxed cooking mixes (pancakes, bread).
Don’t give rusty or unlabeled cans; glass containers; perishable items; homemade items; expired items; noncommercial canned or packaged items; alcoholic beverages or mixes or soda; or open or used items.
Your question referred to Wednesday’s column (808ne.ws/3GKog7s), which described another option for people who want to participate. They can text “NALC” to 71777 for a link to donate money to the Hawaii Foodbank.
Members of the National Association of Letter Carriers conduct the Stamp Out Hunger food drive nationwide on the second Saturday of May every year, an effort that traditionally draws praise from readers, including one who submitted a Mahalo this week.
Mahalo
Mahalo to the U.S. Postal Service and the postal workers union for the food drive Saturday that gives all of us a chance to donate nonperishable food to Hawaii Foodbank with no more effort than to tuck food into our mailboxes. It means extra work for our mail delivery people who pick up up and take donations back to their postal stations. Mahalo to all of us who tuck food into our mailboxes. — M.A.
Write to Kokua Line at Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 2-200, Honolulu, HI 96813; call 808-529-4773; or email kokualine@staradvertiser.com.
