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In this episode I discuss the legality and ethics of including real estate commissions in contracts. I will clarify misconceptions surrounding commission payments, emphasizing that it is not illegal or unethical to include them in contracts. I also highlight the changes brought about by the Sitzer settlement, which affects how buyer agents are compensated. The conversation will underscore the fiduciary duty agents have to their clients and the importance of clear communication regarding compensation in real estate transactions.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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South Carolina REALTORs Association has issued new compensation forms with not one but two Form 120s and updated agency agreements in Form 130, 135 and 136. Today I examine those changes and what they mean for you.  Also, a new study by the Federal Reserve shines light on whether or not commissions have gone up or down since implementation of the Sitzer settlement.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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We are heading fast into the summer selling season.  So today I am going to provide you a comprehensive analysis of the South Carolina real estate market. I will discuss various regions including Myrtle Beach, Greenville, Spartanburg, Sumter, and Columbia, highlighting trends in sales, inventory, and pricing. 

Also, an important update. Blair Cato has added its 9th Office in SC.  We are opening in Sumter in Hardee Cove on June 1, 2025!  Come see us for a Sumter closing.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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Summer Goralik is a compliance expert in the real estate industry. 

Summer and I discuss the importance of empowering investigators and regulators in the real estate industry, the proactive approach needed by real estate commissions, and the complexities surrounding private listings and fiduciary duties. 

We also discuss the recent challenges facing the industry, including the NAR settlement, broker compensation issues, and the impact of private listing networks. The conversation emphasizes the need for transparency, compliance, and a unified approach to consumer protection in real estate practices. 

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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A MAJOR VICTORY FOR ALL REAL ESTATE AGENTS!!

Today we discuss a significant ruling by the South Carolina Supreme Court that protects real estate agents from liability under the South Carolina Residential Property Condition Disclosure Act. The ruling states that there is no private cause of action against real estate agents under the Act allowing buyers to sue agents for the false or misleading statements of the Seller.  This ruling shifts the responsibility solely to property owners. This landmark decision is seen as a major victory for real estate professionals, providing them with much-needed protection in a challenging industry.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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In this episode of Dishin' Dirt, I discuss the recent controversies surrounding Private Listing Networks (PLNs) in the real estate industry. I examine the negative implications of PLNs on market transparency and consumer choice, while showing how the PLN primarily serve brokerage interests rather than those of sellers. 

Plus, breaking bad news from Britian that needs addressing immediately. 

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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In this episode, I discuss the importance of re-educating sellers in the real estate market, especially in light of recent changes concerning commission and the prevalence of fraud. I emphasize the need for real estate agents to redefine their roles, educate clients about fraud prevention, and effectively communicate compensation structures. The conversation highlights the necessity of updating listing presentations post Sitzer/Burnette to include these critical topics, ensuring that sellers understand the value of their agents and the complexities of real estate transactions.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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We can't seem to get out of our own way. We want to continue to do the things that got NAR and your Brokerage sued.  We continue to do workarounds on compensation and try to steer sellers into giving more comp through Broker to Broker compensation. 

We need to change how commissions are handled. Stop doing the workarounds that could lead to legal trouble and understand the implications of steering in real estate transactions. The potential for future lawsuits is real if the industry does not adapt to new regulations and practices.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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In this episode of Dishin' Dirt, I answer the question as to whether or not you can still accept a seller bonus following the Sitzer/Burnett settlement. I will provide insight on the legality and realities of bonuses in real estate transactions, emphasizing the importance of written agreements and the business justification rule for any amendments to compensation agreements. 

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

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Today I discuss the critical topic of agency in real estate, focusing on the interference with agency agreements and its implications for agents and consumers under the law. The conversation centers on the legal obligations of agents, the consequences of interfering with agency during brokerage transitions, and the responsibilities of builder agents. 

Additionally, I give another short update on a new Clear Cooperation Policy proponent and emphasize how CCP in relation to agency laws protect consumers and helps prevent clients from cheating on their agents. 

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.