Updated
Updated · Business Insider · Jul 22
Pennsylvania Couple Gets Trapped in 1-Year Buyer-Agent Contract With 4% Fee
Updated
Updated · Business Insider · Jul 22

Pennsylvania Couple Gets Trapped in 1-Year Buyer-Agent Contract With 4% Fee

1 articles · Updated · Business Insider · Jul 22

Summary

  • Kirsten Ganas and Austin McCarley say they cannot leave a buyer-broker agreement signed at a first home tour without paying an early termination charge or risking thousands in commission if they buy before January 2027.
  • The contract bound them exclusively to one brokerage for a year, set a 4% commission plus a $995 fee, and even required payment if they leased a home during the term.
  • Their dispute grew after Ganas tried to drop agent Dan Waterhouse over slow responses and distance from their target market; broker Rita Sumney refused a free release and instead offered another in-house agent or a referral arrangement.
  • The case highlights fallout from a 2024 National Association of Realtors settlement that now generally requires written buyer agreements before tours, a transparency measure critics say can also lock consumers into dense, unfavorable terms.
  • Nearly two years on, consumer advocates say many buyers still do not grasp these contracts, while most sellers continue covering buyer-agent commissions, limiting the broader fee shake-up the settlement was meant to spur.

Insights

How did a rule meant to empower homebuyers lead to inescapable, multi-year contracts with surprise fees?
Why hasn't the landmark NAR settlement actually lowered agent commissions or simplified the homebuying process?