Commentary by Ryan Lundquist - Real Estate Appraiser:
"Big news from Freddie Mac. Just like FHA after the NAR lawsuit, if the sellers pays for the buyer's agent commission, it will NOT count within the amount allowed for concessions. FHA allows up to 6% but Freddie Mac allows anywhere from 2-9%. However, part of this comes down to what normal looks like in the market. "If these fees continue to be customarily paid by the property seller according to to local convention, they will not be subject to financing concessions limits." Thus, there is an aspect here where we need to watch the market ahead to understand what normal is going to look like. We've yet to hear from Fannie Mae and VA. Let's keep watching.
UPDATE: Fannie Mae issued a press release this morning to say the same thing."
"Industry Letter 4-15-2024
TO: Freddie Mac Sellers
Subject: COMMISSIONS PAID TO REAL ESTATE AGENTS
There have been recent inquiries concerning a proposed settlement agreement, subject to court approval, entered into by the National Association of Realtors (NAR) in the Burnett et al and Moehrl et al cases. This industry Letter addresses the current treatment of property seller-paid buyer agent fees under our interested party contribution requirements.
Interested Party Contributions
In Guide Section 5501.5, property sellers are permitted to make financing concessions towards the Borrower's Closing Costs in maximum amounts between 2% and 9% of the property value. Fees or costs customarily paid by the property seller according to local convention are not subject to these financing concessions limits. Buyer agent fees have historically been fees customarily paid by the property seller or property seller's real estate agent, and, as such, they are currently excluded from these financing concession limits. If these fees continue to be customarily paid by the property seller according to local convention, they will not be subject to financing concessions limits.
It is our standard practice to continuously evaluate our requirements to determine whether updates are appropriate based on changes to the market and industry. We will continue to monitor and assess the impact of the proposed NAR settlement and other real estate commission lawsuits to determine if any updates to our requirements are necessary." - Fannie Mae Press Release of 4/15/2024