14 August 2024
RE: Updated policy regarding advertising a Tenant Realtor Commission in leasing homes.
Background: There has been a landmark lawsuit in the real estate industry involving the National Association of Realtors (NAR) and a group of homebuyers from Missouri. The NAR lost in a jury trial after only a 3-hour jury deliberation and was penalized $1.78 Billion dollars. In the effort to settle out of that pending judgment, and avoid further copycat litigation, the NAR has offered to settle that judgement for $418 Million dollars with agreed to changes to their operating model that has filtered down to mandatory changes from the San Antonio Board of Realtors (SABOR) going into effect today – 14 August 2024.
Reference: Google search “NAR Lawsuit” or any of those key words for hundreds of articles on this subject. You may also visit: https://www.nar.realtor/the-facts/nar-settlement-faqs
RentWerx has received specific guidance from the San Antonio Board of Realtors (SABOR), and the National Association of Realtors on agreed to actions going forward. These key points have been edited to include “tenant” where necessary as no distinction has been made by the NAR or Department of Justice to exclude tenants or property managers. The language “any commission source” has been noted often in the NAR information from the settlement agreement.
- Eliminate and prohibit any requirement of offers of compensation in the MLS (Multiple Listing Service) between listing brokers or sellers to buyer (tenant) brokers or other buyer (tenant) representatives.
- Eliminate and prohibit MLS (Multiple Listing Service) Participants, Subscribers, and sellers from making any offers of compensation in the MLS (Multiple Listing Service) to buyer (tenant) brokers or other buyer (tenant) representatives.
- Require the MLS (Multiple Listing Service) to eliminate all broker compensation fields and compensation information in the MLS (Multiple Listing Service).
- Require MLS (Multiple Listing Service) Participants working with a buyer (tenant) to enter into a written agreement with the buyer (tenant) prior to touring a property.
Effective immediately – For all homes on the market FOR RENT:
- Do you want to offer a Tenant Realtor Commission on top of the existing Leasing Fee?
- If you do want to offer a Tenant Realtor Commission, how much would you like to offer?
- Would you consider offering an approved applicant a move in concession of that similar amount in lieu of a Tenant Realtor Commission? (RentWerx Recommended)
RentWerx Client FAQ’s:
Does this affect me if my home is NOT on the market For Rent?
No. This only affects owners that have a home currently on the market or will be on the market For Rent in the future. Our processes will gather the information from you to document the following questions at the appropriate time:
1) Do you want to offer a Tenant Realtor Commission on top of the existing Leasing Fee?
2) If you do want to offer a Tenant Realtor Commission, how much would you like to offer?
3) Would you consider offering an approved applicant a move in concession of that similar amount in lieu of a Tenant Realtor Commission? (RentWerx Recommended)
Does RentWerx think owners should offer a Tenant Realtor Commission?
No. There are dozens of large markets in the US where similar property management companies offering similar homes for rent have NEVER offered any sort of co-broker Tenant Realtor Commission. Homes in those markets rent just as fast as anywhere else and without the involvement of a tenant Realtor. Your future applicants will find their home on their own through the dozens of websites our homes are advertised on. After they find the home themselves online, they are allowed to schedule a showing without a Realtor being present. This has been ongoing with RentWerx close to 10 years now.
If I offer a Tenant Realtor Commission, will this be on top of the existing leasing fee?
Yes. We do not advocate for a Tenant Realtor Commission to be offered for a myriad of reasons. Should you feel that offering a commission is necessary in attracting quality applicants, which we feel does not help and only hurts the process, that offered commission would be on top of the existing leasing fee. It is billed one time at lease execution, and only applies if another Realtor was indicated by the applicant to be their representation.
If I do offer a Tenant Realtor Commission, how much would you recommend?
We previously offered a $300 commission payable to the Realtor indicated on the application at time of lease execution.
Why would it be wise to consider offering an approved applicant a move in concession of that similar amount in lieu of a Tenant Realtor Commission?
Offering a move in concession of any amount lowers the total cost for a tenant to move into their home. If that approved tenant is represented by a Realtor, they would most likely be obligated to pay that Realtor outside of this leasing process if there is no co-broker commission being offered. By offering a move in concession, that newly approved Tenant who is obligated to pay their Realtor out of their own pocket can apply that credit to the check they will have to write directly to the Realtor.
Will offering a Tenant Realtor Commission potentially lead to STEERING?
Without a doubt, this will 100% lead to Realtors STEERING their clients to the highest paying rental homes on the market. We feel this will only lead to a Fair Housing Complaint with HUD at some point, dragging the owner into a federal lawsuit. If there is no commission involved, there is no chance of this becoming an issue to get sued by HUD and an overzealous tenant with an attorney attempting a money grab. This is the number one reason we DO NOT recommend offering a Tenant Realtor Commission.
What if the Tenant Realtor ASKS for a commission?
If an application is submitted with a Tenant Realtor Commission attached to the pending approved applicant soon to be tenant, RentWerx will present that applicant’s offer to the owner client for consideration. The owner client can decide at that time if they want to pay that commission.
Example: Owner client receives an application to rent their home. With that application comes a request for an unadvertised $500 Tenant Realtor Commission. That commission, if approved, would be added on top of the RentWerx leasing fee as an additional line item. Keep in mind, that if the owner client said “no” to the commission – that the applicant would still be able to rent the home. The Tenant Realtor would have to seek compensation from their client – the applicant now approved tenant – or not get paid at all.
***This also brings on future questions of Tenant Realtors suing their clients (your tenant) over an unpaid commission. Then dragging RentWerx and the homeowner into that lawsuit.***
Will my home take longer to rent?
At the time of this policy letter update, the best summary we can offer to the rental market is that it’s a weird time. Days on Market are higher than we would like across the board in the entire region. Monthly rental prices have increased faster than most tenants are able to afford moving into the market, or moving up into a bigger home. We feel there are two things that rent homes – Price and Condition. Our policy of only renting vacant homes ensures the condition is as good as possible, while leaving only one variable to the leasing solution – Price. We would encourage owner clients to be aggressive in their pricing expectations to ensure their home is rented quickly.
Will the leasing fee be reduced?
No. RentWerx has adopted a new program that would reduce the leasing fee if the home takes 31 days or longer to lease called the 30 Day Leasing Fee Guarantee.
Why do we charge a leasing fee?
The RentWerx leasing fee is a one-time charge applied at the successful completion of an updated or new lease agreement. This fee is designed to cover the comprehensive process required to ensure a property is leased to a qualified tenant as efficiently as possible. This fee is not merely an extra cost but an investment into maintaining the high standard of living expected at our properties and ensuring the leasing process runs smoothly and professionally. Here’s what the leasing fee typically covers:
- **Marketing of the Property**: This includes professional photography, creating compelling property descriptions, and advertising the property on various expensive platforms to ensure it reaches a broad audience. Effective marketing is crucial in minimizing vacancy periods and attracting a wide pool of potential tenants.
- **Tenant Screening**: To ensure the quality and reliability of tenants, the leasing fee covers the cost of comprehensive screening processes. This includes credit checks, criminal background checks, employment verification, and rental history reviews. These screenings are vital for mitigating risks and ensuring that only the most qualified tenants are selected.
- **Showings and Tours**: The fee compensates for the time and effort spent by the RentWerx leasing team to conduct showings of the property to prospective tenants. These showing methods have shown to be the most effective means benefitting all parties.
- **Client Market Updates**: Every Monday, our clients receive an update on the current status of marketing for their home. This includes internet traffic, in person showings, and applications. We also offer pricing recommendations putting our best advice forward with the effort of getting your home rented to best possible tenant in quick order.
- **Lease Negotiation and Execution**: Preparing our custom lease agreement that is designed to protect the owner’s interests for an approved applicant is worth the leasing fee by itself. That document is the tool that turns a marginal tenant into a great tenant. Executing that lease agreement with an approved applicant can take time and effort to field questions and make modifications. In addition, funds must be collected involving bank wires and solid accounting practices, all handled in a professional manner with good customer communication procedures and service. The leasing fee covers the professional handling of these negotiations and the finalization of the contract, ensuring all parties are clear about their obligations.
- **Move-in Coordination**: The fee also supports the administrative and operational tasks associated with preparing for a new tenant, including scheduling move-ins, preparing the property for occupancy, and conducting initial inspections. This ensures that tenants are moving into a property that meets all agreed-upon standards.
**Conclusion** By charging a leasing fee, we ensure that the process of finding and placing a tenant is handled professionally and thoroughly, reflecting the high standards of our property management services. This fee enables us to continue providing exceptional service and support to our tenants and property owners alike.
What does RentWerx do to lease a home?
- Advertising on MLS and Zillow
- Professional Photos & Video
- 21-Day Visits for Cleanliness
- Relevant Upkeep & Maintenance
- Professional Signs & Lockboxes
- Software Syndication for Marketing
- Receive and Screen Applications
- Lease Preparation & Execution
- Document Retention
- Optional Matterport 3D Tours
- Responding to Applicant Inquiries
- Coordinate In Person Showings
- Owner Monday Marketing Reports
- Pricing Advice – MLS Comparable
- Collect Initial Rents & Deposits
- Offer Security Deposit Alternatives
- HUD/IRS/Fair Housing Compliance
- Squatter Prevention & Removal
- Fraud Prevention from Fake Listings
- Tenant Move In Guarantee
- In House Carpet Cleaning
- 24/7 Move In Maintenance Hotline
What is the new RentWerx 30 Day Leasing Fee Guarantee?
**Standard Leasing Fee of 50% of First Month’s Rent**
The new RentWerx 30 Day Leasing Fee Guarantee has been put into place to bring the shared interests of the owner, the property management company, and the property manager all in line working toward the same goal – to get your home rented as quickly as possible.
Stipulations:
- Home must be made ready, on the MLS, and allow pets.
- Owner must OPT IN to this program.
*If RentWerx leases the home within 30 days, the regular leasing fee of 50% of the first month’s rent is charged to the owner.
*If RentWerx leases the home in 31 days or more, the leasing fee is reduced to 25% of the first month’s rent charged to the owner.
Alignment:
Owner: This program aligns the owners’ interests with the same interests of RentWerx by incentivizing all parties involved to financially gain by renting out the home within 30 days for the most monthly amount possible.
Property Manager: Your property manager earns a bonus by renting your home within 30 days to a well-qualified applicant, aligning their interests with the owners, and company.
Property Management Company: RentWerx is incentivized to earn the full Leasing Fee of 50% of the first month’s rent by doing everything possible to facilitate renting the home within the 30 days.
How can I ensure the home leases quickly and for the most money?
We recommend getting aggressive in your monthly pricing. Pay attention to the statistics of internet activity, number of in person showings, and applications. In addition, listen to the advice of your property manager. They see the entire spectrum of the market, and their portfolio. If they offer advice to a pricing adjustment, we recommend you follow that advice – the math is NOT in your favor by holding firm to a price you think you can get, or have gotten in the past.
What if I have further questions or concerns?
Our team at RentWerx has been reviewing this decision for quite some time with feedback from all of our key team members. Should you have any further questions, feel free to reach out to your Portfolio Manager at our office.

NAR Settlement MLS Changes
Effective Wednesday, August 14, 2024
Key MLS Rule Changes:
#1 Eliminate Compensation Requirements & Prohibit Offers in MLS Listings
Eliminate and prohibit MLS participants, subscribers, and sellers from offering compensation to buyer brokers or other buyer representatives within the MLS and remove any obligations to make such compensation offers.
#2 Define Cooperation
Cooperation involves sharing information about the listed property and making it available to other brokers for showings to potential buyers and tenants, when it serves the best interests of their clients.
#3 Eliminate All Compensation Fields in the MLS
All fields and information related to broker compensation have been removed from the MLS.
#4 Non-MLS Mechanism
The MLS cannot create, support, or provide listing information for any non-MLS methods of offering compensation to buyer brokers or representatives.
#5 Eliminate Filtering on Compensation
Ensure that MLS participants and subscribers cannot filter or restrict MLS listings shown to clients based on compensation levels or the names of brokerages or agents. MLS systems must not permit such filtering.
#6 Use of MLS Data
Using MLS data to create or support a platform for compensation offers from multiple brokers or buyer representatives will lead to the termination of the participant’s access to MLS data and feeds.
#7 Compensation Disclosures
Sellers, prospective sellers, and buyers are required to sign compensation disclosures.
#8 Buyer Representation Agreement Changes
MLS participants working with a buyer must have a written agreement in place with the buyer before showing them a home.