Understanding The New Real Estate Rules — And How They Affect You 

The real estate industry in the U.S. has weathered many permanent changes since it first began. These changes typically have translated to greater protections and transparency for buyers and sellers, and has kept the industry innovating and moving forward. 

There are more major changes proposed for the national real estate market this summer, and they could end up affecting everyone. These likely changes are the outcome of a pending settlement in a national class action lawsuit, brought against the National Association of Realtors (NAR) organization by the plaintiffs, a group of home sellers from the Midwest who listed their homes for sale on the MLS (Multiple Listing Service) using real estate Brokers. 

In order to try to better understand what’s happening, let’s first break everything down to the basics. 

What Is A Real Estate Brokerage? 

In order to legally practice real estate in Florida, a real estate agent must have an “active” license, working under a Broker or be the Broker (an experienced agent who’s gone through additional licensing requirements and runs a brokerage) themselves. The Broker and his or her agents all work under the brokerage (real estate company). Among the many well-known national brokerages are RE/MAX, Keller Williams and HomeServices of America, all of which were named in the suits. 

Exceptions for those who are able to engage in real estate transactions but who are not under a brokerage are the following — real estate attorneys, agents who are employed by home builders in community sales offices, agents in leasing offices and buyers or sellers who represent themselves in their own real estate transactions. 

What Is The NAR? 

As real estate records began being tracked in the U.S. around the end of the 1800s, there was inconsistency and dubious practices among some in the profession. To curb the problems, 19 various city real estate boards and the California State Realty Federation organized and created the National Association of Real Estate Exchanges in 1908. That name was later changed to the National Association of Realtors (NAR). 

In 1913, the Association adopted its ‘Code of Ethics’ with the “Golden Rule” as its guiding principle. Shortly after, in 1916, the term “REALTOR” was created for those who were members of the National Association and who went through extended training to learn and pledge to uphold its strict code of ethics. 

Now, NAR is the largest trade organization in the U.S., with nearly 1.5 million members. 

What Is The MLS? 

NAR also controls and regulates most of the 800 local and regional Multiple Listing Services (MLS) throughout the country. These MLSs serve as the primary databases where information (including photos) about current local real estate for sale or rent is uploaded, listed and then shared with potential buyers. Popular websites like Zillow.com and Homes.com (photo above) pull most of their information from MLS. 

From very early on, in order to list on an MLS, NAR required a written listing agreement, which meant that the seller would specify who (which Broker or agent) could list his or her property and the specific commissions that would be paid, and to whom, in order to avoid later disputes and build trust among those in the early profession. 

This early requirement stuck. The commissions are currently either specified in the listing agreement as a percentage of the total sale price, or as a flat dollar amount. 

What Happened With The Case? 

Previously, NAR’s “Participation Rule” required that for a property to be listed on MLS at all, some compensation (even as little as $1) must be offered to the buyer’s agent. The plaintiffs in the case claimed that some of the nation’s largest real estate brokerage firms used this rule to collude with NAR to fix prices and artificially raise the amount of home sale commissions, even though commissions had always been negotiable. 

The jury sided with the plaintiffs at the end of last October (2023), and awarded them approximately $1.8 billion in damages. After the ruling, NAR immediately changed its Participation Rule so that seller listings could offer as little as $0 commission to a buyer’s agent, and in November, Stellar MLS (the local MLS that covers the entire Tampa Bay area) updated its rules and regulations so the local system could accept $0 in that commission input field. 

When Was The Settlement Reached? 

On March 15, 2024, a smaller settlement in the amount of $418 million was reached between the parties. According to Katie Johnson, the chief legal officer of NAR, “This settlement would resolve the claims brought against NAR.” This settlement is the document all parties agreed to, but this isn’t the end. Johnson stated that, “Like all settlements of class action litigation, it is subject to court approval.” 

What this means is that the proposed settlement terms and changes to real estate policies might not take effect until July of this year, at the earliest. 

The settlement also came with a cap, meaning only large brokerages with residential transaction volumes of $2 billion or more in 2022 were liable to pay into the settlement fund, and ones with volumes below $2 billion were released from liability. The brokerage HomeServices of America, however, chose to not participate in the settlement, and has now become the lone defendant, wanting to fight it out and take its chances, potentially pushing the case to the U.S. Supreme Court. 

What Are The Proposed Changes? 

There are two primary changes that will affect the entire real estate landscape: 

From the Stellar MLS public website: 

1. “Compensation offers moved off the MLS: NAR has agreed to put in place a new rule prohibiting offers of compensation (to be listed) on the MLS.” As was mentioned before, NAR had already changed its policy to allow for offers of $0 compensation to the buyer’s agent on the MLS, but currently, most sellers are still opting to include some type of commission in that field. But, this change would strictly prohibit ANY commission being offered in the MLS listing at all. 

The intent was to level the playing field to make sure there was no steering, so buyers’ agents would show them every potential house, regardless of the commission, because they wouldn’t know what it might be up front, as they historically have been able to know. 

This doesn’t prohibit the agents from negotiating concessions behind the scenes, but the hope and goal of the settlement was that increasing negotiations at this step, and at the initial written representation agreements (see below), would overall reduce total commissions paid nationwide, saving consumers money. 

Also from Stellar MLS public website: 

2. “Written agreements for MLS participants acting for buyers: MLS participants [agents/Brokers] working with buyers will be required to enter into written representation agreements with their buyers.” 

These written and signed agreements are typically known as Buyer Agency Agreements and specifically might be referred to as Exclusive Buyer Broker Agreements (EBBA), which are already required in more than a dozen states, but are optional in the rest. These are meant to ensure that home buyers know in advance what their agent will charge for their services, if the seller doesn’t offer concessions to compensate them. 

Also, the seller may still offer concessions, but instead of a commission being paid directly to the buyer’s broker from the seller (like it had been traditionally done in the past), a concession might go to the buyer, and then the buyer would pay their agent the rate listed in the agreement. So, if the seller were offering 2% concessions, but the agreement between the buyer and their agent was 3%, then the buyer may have to come up with the remaining 1% themselves. 

This, of course, could cause the buyer to reconsider that particular property or take concessions more into consideration, now that they might have to participate in paying for their real estate agent’s services. 

What Are The Concerns? 

This settlement has caused concern for certain categories of home buyers who may be at a disadvantage, given current restrictions and budgets. For example, a first-time home buyer with less buying power might be more swayed by certain properties based solely on the concessions they are offering in order to pay their agent, and sellers may not even entertain the buyer’s offers if they ask for too much in concessions. 

Other buyers who might be affected more than others are those who may use Veterans Administration (VA) loans, which are reserved for U.S. Armed Forces active duty service members, veterans, reservists, or their surviving spouses (under certain circumstances) that meet the minimum active-duty service requirements set forth by the U.S. Department of Veteran Affairs. Many buyers who qualify might choose to use a VA loan over other types of loans because the terms are typically much better. 

However for VA loans, current restrictions on certain fees would not be compatible with the proposed national change. On March 27, NAR president Kevin Sears wrote a letter to the VA and shared his concern about this, stating, “In this exceedingly competitive market, we are concerned that the VA’s current policies place veterans at a significant disadvantage compared to traditional buyers. Under VA policies, buyers using their home loan benefit are prohibited from compensating their professional representative directly. In situations where no offer of compensation is offered from a seller, VA buyers are immediately at a disadvantage, potentially forcing them to forego professional representation, lose a property in an already limited inventory, choose a different loan product, or exit the market entirely.” 

No one knows exactly what this all will look like moving forward, or what things will have to change in order to make it all work, but there is a timid yet optimistic outlook from real estate professionals that things will work out for the best, as they have many times in the past. 

Tampa City Ballet’s “If I Cry” Is A Triumph!

Paula Nuñez, the artistic director of the Tampa City Ballet, which is based at her Tampa City Dance Center in Tampa Palms, says she was “thrilled” with the two performances (May 4-5) of her contemporary ballet “If I Cry” at the Jaeb Theater at the Straz Center for the Performing Arts in downtown Tampa. 

Nuñez originally co-created (with Elsa Valbuena) and had her then-new professional Tampa City Ballet dance troupe perform “If I Cry” back in 2019, but she says the performances at the 312-seat Jaeb Theater the weekend of Cinco de Mayo added many new elements to her original “floor work” dance piece about the life of renowned Mexican artist Frida Kahlo.

“The show keeps evolving,” Nuñez says. “For example, Frida was of course a famous painter, so we added scenes where the dancer playing adult Frida is actually painting and I think the audiences really enjoyed seeing that. Plus, all of the dancers are professionals who each brought their own ideas about how to make the show better. It all came together and I’m so happy with the results!”

I will say that Jannah and I thoroughly enjoyed everything about “If I Cry,” which began with a recorded video introduction by Visit Tampa Bay president and CEO (and New Tampa resident) Santiago Corrada congratulating Paula and everyone involved with “If I Cry,” which he called “spectacular.” 

That video was followed by Tampa City Ballet chief curator Sharmila Seth reading information about Kahlo’s tragic life, from her contracting polio at the age of six, to the bus crash twelve years later that left her with more than a dozen fractures and her abdomen and uterus being impaled on a large rail, to her on-again, off-again marriage to Mexican muralist Diego Rivera (which ended in divorce the first time because she had an affair with fellow female artist Georgia O’Keeffe), to her three miscarriages to her affair with Russian communist leader Leon Trotsky to her tragic passing in 1954, at the age of 47.

All of these events and more are depicted in “If I Cry,” with four different outstanding dancers portraying Kahlo at different ages, including one portraying Frida’s soul. All of the music — hand-curated by Nuñez, included everything from heavy classical pieces (some with violinist Nick Ewing on stage) to jazz pieces by Benny Goodman and Jelly Roll Morton — fit perfectly with what the audience experienced in the intimate Jaeb Theater. Also part of the musical experience was a live mariachi performance by Mariachi Guadalupe, which performed basically in the audience, along with the Wattaka Choir. 

“Frida is such an important figure,” Nuñez, who is originally from Venezuela. “So we wanted to re-tell the tragic story of her life from beginning to end in a unique way.” Mission accomplished, Paula!

The cast was made up not only of amazing dancers, they also were incredible actors who actually made you feel Frida’s pain with their facial expressions and perfectly executed floor work. I intentionally didn’t name any of the dancers who “stood out,” because it honestly wouldn’t be fair of me to leave any of them out, so below is the full cast list (in alphabetical order) of the Tampa City Ballet’s “If I Cry.” 

If you missed it, you truly missed a special event that should not be missed the next time Nuñez decides to share this masterwork with the Tampa Bay community. Bravo!

Nicole Assad (Young Frida)

Humberto Rivera Blanco (guest artist, Leon Trotsky)

Jayron Perez Cabrera (artist in residence, The Death)

John Delgado

Nicholas Garlo

Bailey Lord (Salvador Dali)

Maria Fernanda Papa (Adult Frida)

Aynsleigh Morehouse (Frida Dressed as a Man)

Shelby Russ (Frida’s Soul)

Amber Rose (Georgia O’Keeffe)

Wilson de los Santos (Diego Rivera)

Carissa Smith

Vashti Walters (Natalia Sedova)

Rep. Driskell Looks Back At The Legislative Session & Ahead To November 

District 67 State Rep. Fentrice Driskell (photo) is in an unenviable position — but it’s a position she handles with class and dignity. 

As the Minority Leader in the Florida House of Representatives — where her Democratic party faces a Republican super-majority of 84 Republican to 36 Democratic seats held — Rep. Driskell says she is still encouraged by the most recent State Legislative session, which ended in March. 

She also is gearing up for her fourth (and she says final, at least for her current position) legislative campaign — since first winning election to State House District 63 over then-incumbent Shawn Harrison by more than 4,500 votes in 2018. Rep. Driskell was reelected to the Dist. 63 seat in 2020 (when she was unopposed and did not have to appear on the ballot) and, in 2022, she defeated Lisette Bonano (R-New Tampa) by just under 3,700 votes to win the re-drawn Dist. 67 seat. Bonano is again on the ballot against Rep. Driskell for the Dist. 67 seat in November. At our press time, neither candidate was set to face a Primary Election opponent in August. 

Rep. Driskell, who earned her Bachelor of Arts degree in Government from Harvard University in 2001 and her Juris Doctor (law) degree from Georgetown University in 2004, was elected by her Democratic colleagues to serve as the State House Minority Leader and was named by new House Speaker Paul Renner to be the Democratic Ranking Member of the House Appropriations Committee in 2023, so she serves an important role in the House’s state budget process. 

“It is a thankless job, but it’s an important one,” she says of being the Minority Leader against a Republican super majority. “We face a lot of pressure from the other side of the aisle. But, I have tried to lead my caucus in such a way that we put forward policies that any family in Florida would appreciate. Every Floridian deserves the chance to be healthy, prosperous and safe. What I have found is that my constituents are tired of the culture wars — they don’t want book bans and attacks on history.” 

When asked whether or not the culture wars have been fought by both sides, Rep. Driskell responded, “We have to remember that the Republicans have been in charge in the legislature and the governor’s mansion for years and they pushed the culture wars. The legislature has been pushed by Governor (Ron) DeSantis to ban Critical Race Theory, which is not taught in our schools. I view it as my job to say, ‘What’s going on here? What’s O.K. and what’s not?’ I don’t care about the parties, I care about the people. I can work with anybody. But, you have to pick your battles carefully because the other side, in most cases, doesn’t need our votes.” 

She added that there were very few of what she calls “Jump Balls” in this year’s session. “They only need us when their caucus is split on an issue, like the bill to regulate short-term rentals, like Airbnbs (Senate Bill 280 passed both houses and is waiting for Gov. DeSantis’ signature). There were legislators pushing in both caucuses on both sides of that issue.” 

Despite her party’s disadvantage in the State House, Rep. Driskell is still proud of the bills she either sponsored, co-sponsored or supported. 

“I was able to secure $10 million for sickle cell disease (House Bill 7085, which creates a Sickle Cell Disease Research & Treatment Grant Program within the Department of Health),” she says. “It’s the first such program in the U.S., as Florida has close to 8,000 people afflicted with sickle cell disease, one of the biggest populations in the country.” 

Other successes she points to in this year’s legislative session include: 

• A $250,000 grant to study infant health and mortality. “There’s a consortium of universities studying that together,” she says. “It could save some lives.” 

•$1 million for a historic cemeteries program in the Dept. of State. “The grants are open now,” she says. “I designed the bill so the state works with USF and its black cemetery network…so it helps USF, too.” 

• She also advocated for (but didn’t sponsor) $1.7 million in USF funding, including USF’s Florida Mental Health Institute’s autism program. 

• $14,000 for the New Tampa Players, as part of the cultural & museum grants program. “There are institutions across the state who get money from that program,” she says. 

• Helped get $1 million for the Ronald McDonald House, here in Tampa Bay. “There is a need for a new house,” she says. “The current one is on Columbia Dr. on Davis Islands, but this will help them put one a new house in a more central location.” 

• $1 million for SOF (Special Operations Forces) Missions, which helps veterans with PTSD. “I helped them get their first state appropriation a few years ago,” she says. “I am honored to have helped support that, too.” 

Rep. Driskell also is proud to have advocated “for reducing the waiting list for the Agency for Persons with Disabilities. We have 22,000 people in Florida waiting for their benefits. But, Senate Bill 58 provides funding to move some people off that wait list.” 

No Help On Transportation Tax $ 

As for some results she wasn’t happy with this year, Rep. Driskell mentioned the $570 million raised by the most recently passed (and overturned) Hillsborough Transportation Tax. 

“Unfortunately, it’s not coming back to the community in the form of funding for transportation projects that we voted for,” she says. “About $256 million is coming back in the form of road resurfacing and about $162 million will go towards a Sales Tax Holiday that we haven’t fully flushed out as to what that’s going to look like. I pushed for it come back for transportation projects, but at least we got the resurfacing.” She added that the remainder of the money — close to $170 million — will be used to pay for legal fees associated with the case and to pay expenses and for valid tax refund claims. 

“It’s outrageous that it’s going for something other than what we voted for,” she says. “I worked with my committee’s Republican vice chair Lawrence McClure to come up with a plan for it. But, it’s a done deal; it’s just waiting for the Governor’s signature on the entire budget.” 

She adds, “We’re sent to Tallahassee to do serious work and I take it very seriously. We have to put aside partisan differences to get work done. We don’t abandon our values but you have to be willing to work in a collaborative way.” 

As for what’s coming up in November, she says, “We are working hard on elections. My job as leader is to lead the strategy and raise the resources necessary to win the five seats we need to get out of the super minority. It’s a tall order — five is a lot to win. But, my team and I think we have a strategy to do it. In January, I led the effort to win a special election in Central Florida — 70% of voters voted for our candidate — by focusing on things like property insurance rates and abortion access.” 

On Abortion Access & More 

Speaking of abortion access, Rep. Driskell says, “I never thought we would live in a time where the U.S. Supreme Court would take rights away…their job is to protect them. Florida’s six-week ban takes effect at the end of next month. We have the ability to vote on Amendment 4 in November and the legislature also can overturn it — seven Republicans voted against it. We need people to get out and vote, however they feel about it.” 

Other bills that passed that she wasn’t happy about include House Bill 49, which weakens protections on child labor. 

“My caucus and I at least got it watered down. The bill would have allowed kids under age 18 to work overnight shifts — treating them like adults. Now, they will have breaks and no overnight shifts.” 

She also had a problem with House Bill 433, which preempts local governments from passing heat stress ordinances. “There were workers in South Florida who died from heat stress,” she says, “so Miami put a new ordinance into effect. But this law, which the Gov. already signed, overturns any local laws.” 

And finally, she says she is trying to find new ways to stay in touch. “So, every Tuesday at 8 p.m., I do a live stream, where I talk about what’s happening in Tallahassee, politics and more.” For more info, visit FentriceforFlorida.com or @FentriceForFL on Instagram, Facebook, YouTube or X. 

94-Year-Old Harold Clark Attends Clark Elementary’s 25th Anniversary Celebration! 

(L.-r.) Current Clark Elementary AP Kelly Wackes, former AP Nicole Libby, former principal Gaye Holt , former principal Paulette English , current principal Dr. Delilah Rabeiro, charter principal Valerie Orihuela, former AP Mary Frances Ledo and former principal Brenda Griffin were all on hand for the 25th anniversary celebration for the third public elementary school to open in New Tampa’s 33647 zip code. (Photos by Charmaine George)

Congratulations to Clark Elementary, the third elementary school (preceded by Tampa Palms and Hunter’s Green elementaries) and fifth public school overall (also already open were both Wharton High and Benito Middle School) to celebrate a quarter of a century of learning in New Tampa’s 33647 zip code. 

Harold H. Clark, former HCPS Deputy Superintendent Cathy Valdez and Clark Elementary charter principal Valerie Orihuela. 

Current and past members of the Clark family were on hand for the event on Apr. 5, as were members of the family of Harold H. Clark, the former Assistant Superintendent of Supportive Services of Hillsborough County Public Schools (HCPS) for whom the school was named. In attendance from Mr. Clark’s family were his two daughters — Harollyn Johnson and Karin Childs — and his granddaughters Rondalyn Morgan & Ashlyn Johnson. 

But, the big surprise of the festivities was the fact that Mr. Clark himself, who will turn 95 in June, was on hand — and thrilled — to join his family in attendance at the event. 

The celebration also was attended by current School Board chair Karen Perez and vice chair Jessica Vaughn. Representing HCPS superintendent Van Ayres’ cabinet were chief of innovation & strategic planning Marcos Murillo, Regional Superintendent for Area 3 Schools Catherine “Missy” Lennard and Regional Superintendent for Area 1 Schools Kristin Tonelli. 

The event honored many of the original charter faculty and staff members from 1998, as well as, of course, Mr. Clark. 

“We are honored to have Mr. Clark here and proud to celebrate all of the accomplishments of Clark Elementary,” said current Clark principal Dr. Delilah Rabeiro. “The evening before this event, we were named a School of Excellence by the Florida Department of Education, so this is excellent timing.” 

The Freedom High marching band was among the musical groups that performed during the celebration.

The food was provided by Wharton High’s culinary students, led by culinary instructor John Rosko. Also taking part in the celebration were the Freedom High marching band, led by band director Travis Ando; the Freedom High Reserve Officers Training Corps (ROTC), led by Lt. Commander Pettis Sims; the Liberty Middle School Jazz Band, led by Dustin Huston; the Liberty Digital Team led by Daisy Questell. Clark’s chorus and the “Mighty Mighty Clarktones” also performed. The Pledge of Allegiance was led by Clark’s NEHS President Vihaan Tyagi; the National Anthem was sung by music teachers Jennifer and Sean Moats and their son, Clark student, Bennett Moats. The Masters of Ceremonies were our Media Specialist Erik Fassel and first grade teacher Tracy Wood. 

The Clark Cougar and current Clark principal Dr. Delilah Rabeiro. 

Four former Clark students spoke — John Pease (Class of 2010), Amiya Gupta (Class of 2013), Vaidehi Tyagi (Class of 2019) and Madison Bahs (Class of 2021). It was special to hear from former students share their experiences and of what it meant to them to have been a Cougar. 

Charter principal Valerie Orihuela, who opened Clark in 1999, dedicated her career to HCPS for 38 years and created the school’s iconic slogan: “We’re Making Our Mark at Clark.” 

Mr. Clark, who retired at age 80, was a true trailblazer who worked to provide equal access to quality education for all children. He was a principal at Just Jr. High and at Blake High, an Area Director and Assistant Superintendent. He also helped with the formation of the Hillsborough Education Foundation in 1987-88. 


Many charter Clark Elementary students returned for the event! 

Tampa Alumni Guide Right Foundation Presents “Bowties, Hats & Bourbon III”

Get ready for an exhilarating blend of southern charm, high-stakes excitement and philanthropic fervor as the Tampa Derby Day + Casino Night Fundraiser returns for its third annual edition. 

Hosted this year at The Venetian Event Center on Cross Creek Blvd. in New Tampa, this Kentucky Derby-themed extravaganza promises an unforgettable experience, seamlessly blending the glamour of the races with the thrill of casino-style gambling. 

Before the sun sets on May 4, guests will step into an atmosphere buzzing with excitement. This highly anticipated event has sold out each year, becoming a staple on Tampa’s social calendar. This enchanted evening kicks off at 3 p.m., offering a unique fusion of sophistication and entertainment until 8 p.m. 

The Venetian Event Center at St. Mark the Evangelist Catholic Church will set the stage for a night of elegance and celebration. A haven for bow ties and big hats, the venue echoes the grandeur of the Kentucky Derby itself. This will be the first year that this event is held in New Tampa. 

Event Highlights: 

• Premium Entertainment: Saxophonist Manzell Bledsoe headlines the event. 

• Gaming Excitement: Casino-style gaming will elevate the stakes. 

• Culinary Delights: From 3 p.m.- 5 p.m., guests will indulge in complimentary premium food and non-alcoholic beverages, setting the stage for an evening of refined enjoyment. 

• Race Day Thrills: Experience the heart-pounding moments of the “most exciting two minutes in sports” with real-time viewings of the Kentucky Derby. 

• Philanthropic Impact: All proceeds from the event will directly benefit the Tampa Alumni Guide Right Foundation, a 501(c)(3) organization dedicated to empowering local youth through a variety of programs, including the Kappa Leadership & Development League for young males ages 12-18, scholarship, education and outreach programs. 

• Sponsorship Opportunities: The Tampa Alumni Guide Right Foundation invites businesses to align their brand with this noble cause. 

This is an affair of style and sophistication. Attendees are urged to leave casual attire at home. The event dress code requires a step-up from jeans and tees, embracing a more refined elegance. 

So, don your best Derby hats and attire, fasten those fascinators, and be part of an event that transcends entertainment, leaving an indelible mark on the community. 

For sponsorship details and ticket info, visit TampaDerbyDay.com or see the ad above.