There’s always something to howl about.

Divorcing the real estate commissions is simply a matter of HUD-1 bookkeeping effected by the mortgage lender

In a charmingly romantic post this morning, Jonathan Dalton gets bogged down in the all-too-common idea that divorcing the Realtors’ commissions would impose some new financial burden upon buyers, resulting in their loss of representation.

This is false. Although we operate by the fiction that the seller pays the real estate commissions out of the proceeds of the sale, in fact, if the buyer’s lender is not willing to fund the transaction, no sale will occur and no one will get paid. It’s useful in the abstract to envision the transaction as being either all-cash or 100% financed. In both cases, all the money is brought to the closing table by the buyer or the buyer’s lender.

To effect the divorced commission in the overwhelming majority of transactions, all that is necessary is for lenders to change their underwriting guidelines, making corresponding changes in the way they illustrate the flow of funds on the HUD-1 settlement statement.

Right now, many lenders will allow up to 7% in sales commissions, to be charged against the seller’s side of the HUD-1, with up to 3% in closing costs, also charged against the seller’s side of the HUD-1.

If lenders changed their guidelines, such that no more than 3.5% could be charged against the seller for the compensation of the listing agent, with no more than 3.5% charged against the buyer for the compensation of the buyer’s agent, the commissions would be divorced.

So far, this is nothing more than a change in underwriting guidelines and HUD-1 accounting. Absolutely nothing has changed away from the paper-shuffling lender universe. The costs to the buyer and the proceeds to the seller are exactly the same.

Not to rock too many boats at once, but it would also be possible for lenders to make their internal procedures and the HUD-1 bookkeeping more honest, putting a little extra money in the pockets of both buyer and seller.

In the chart shown below, the first column illustrates the current procedure. The middle column shows how commissions can be divorced while retaining the psychotic style of accounting lenders currently deploy. The third column demonstrates how commissions can be divorced using accounting that is consonant with what is really going on.

Two points to take away:

First, divorcing the commissions will impose no new financial burdens on buyers. To the contrary, taking control of their agent’s compensation should empower them to pay less and/or get more overall value from their representation.

Second, in reality, divorcing the commissions can be effected simply and instantly, by the voluntary and unilateral action of mortgage loan underwriters. If they choose to insist on either column two or column three, as shown above, column one will be gone overnight.

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