vomFass Wiregrass Set To Close By May 26 

Less than two weeks after this issue arrives in your mailbox, the vomFass store in the Shops at Wiregrass mall will be closing. On May 3rd, local vomFASS store owner Paula Ayala (photo, left) publicly announced that her location (next to Victoria’s Secret) would be closing the weekend of May 25-26. 

She wrote that, “These past eight years have been a tremendous journey, and I am immensely grateful to each and every one of you who has been part of this adventure…We will miss all of you…” 

Paula’s franchise store beat the odds for many years. Hers was the only vomFASS store left open in Florida, and one of only a handful in the country. “Seven locations in South Florida closed within three years of opening,” she says. As to why those other locations closed so quickly, she says, “The [German] business model was not fully compatible with the U.S. market.” 

Paula currently plans to keep food service operating through Friday, May 17, and the store open through the following weekend, after which it will close permanently. All items inside the store are now on clearance. 

vomFASS is a franchise company that was founded in Regensburg, Germany, in 1994. The name of the store translates to “From the Barrel.” The company’s social media says that vomFass currently has 300 stores in 28 countries. These stores sell higher priced oils, vinegars, spirits and wines, with some unique offerings you can’t find anywhere else. 

Paula said the higher price point on so many of her products was due to higher quality and lower volume, where you could find true one-off, rare, aged single barrels, unique flavor combinations and small-batch offerings. She says, “These are the special occasion products you break out with good food and good company.” 

The best part of the store was that you could taste and sample anything you wanted for free (including the really expensive aged spirits that were up to 25 years old), to guarantee you liked them before buying them. You could also get the spirits in different sizes from the standard 750ml (also known as a “fifth”) to 200ml, which were great for gifts. 

Paula says the best-selling products in her store were the pre-mixed Bourbon Old Fashioned (my personal favorite) and Northern Plains Bourbon Whiskey, which went into the smoothest tasting old fashioned house cocktail I’ve ever had (seriously), made right there at their bar. Even though the pre-mixed Old Fashioned was a huge hit, Paula says she had a hard time keeping some on the shelves because, “it was often on back order from corporate.” 

While some of vomFASS’ big bottles of premium spirits cost less than $100, the most expensive one in the store was around $300. She notes, however, that even the more budget-centric ABC Liquors and Total Wine & More have many bottles way above that price, some into the thousands of dollars. 

Paula says that ABC Liquors, located less than a half-mile from the mall, was not a huge competitor for her, but when Total Wine & More opened a few miles to the west in the space previously occupied by Earth Fare in 2021, she noticed a big impact in sales, “But that was nothing compared to what COVID did.” 

When Paula and her family came to the U.S. from Venezuela in 2016, she was trying to escape poor conditions there. She was able to get a visa in 2015 because of the vomFASS opportunity, which she discovered during a franchise expo in Venezuela. 

“I traveled here three times to get things ready… arriving in 2016 and opening that summer. I honestly thought Wesley Chapel was part of Tampa,” she said. Paula explained that there were multiple stores in the space she occupies that didn’t last. “When I first came [to the store], there were still changing rooms in the back.” 

In order to do even minor food and alcohol consumption, Pasco required full licenses, and a facility with sinks and grease traps. She says this was a blessing in disguise, and gave her an advantage over other vomFASS stores. 

When COVID hit, being able to fulfill online orders helped the store survive, but that was later cut off by corporate. Like many stores, Paula lost workers, and she had to help out family members who became very ill. 

The Pivot 

When she was able, in 2020, Paula added food and bar service to keep vomFass afloat, since it was equipped with a kitchen. The husband-and-wife team of Alvaro Barbado (an expert mixologist) and Ainara Arozena (a gourmet chef), emigrated from Spain and were able to find work at the store. 

With bistro-style seating in the front, a bar in the corner, and a large party table in the back, the store transformed into something more relevant, where you could get unique cocktails made with the liquor sold in the store and gourmet dishes (like pillow soft octopus and tender herb crusted ribs) with perfect wine pairings. Paula says that for a couple of years, the addition of the food and on-site cocktails helped out, “but our costs kept increasing.” 

In hindsight, Paula says there are a few things she would have done differently, but she was grateful that the business’ run was better than she expected. 

For more information, visit vomFass Wiregrass (28249 Paseo Dr., #110) in person or call (813) 907-2167.

Rodizio GrillŸ Breaks Ground Behind Costco!

When the new Rodizio GrillÂź — America’s First Brazilian SteakhouseÂź — broke ground on May 14, I’m pretty sure I was the only member of the local media — and perhaps the only one of the nearly 100 people who waited on line for a coupon for a free meal at the new location when it is expected to open in about nine months, or sometime in early 2025 — who had already dined at the Rodizio Grill location on Fruitville Rd. in Sarasota. More on my experience at that Rodizio Grill appears below.

Rodizio Grill Founder and President, Ivan Utrera, and local owner, Charlie Haney, invited the community to join the groundbreaking celebration (next to the At Home store) on May 14. 

Established in 1995, Rodizio Grill was the first Brazilian “churrasco” steakhouse in the United States. Since then, Rodizio Grill has grown into an esteemed national franchise, with nearly 25 locations across the country. 

Local Owner Charlie Haney

The Wesley Chapel location will mark the brand’s sixth in Florida. At the groundbreaking, Haney echoed the sentiments of Utrera, who said in a news release, “I am beyond thrilled to break ground on our newest Florida location. Wesley Chapel is experiencing tremendous growth and is a coveted destination for residents and tourists alike. We are thrilled to become part of this thriving community.” 

Haney added, “I was drawn to the Wesley Chapel area for a multitude of reasons. The area is the perfect fusion of suburban serenity and urban accessibility. However, what captivated me was the community: the people are warm and welcoming, neighborly, and joyful. As Ambassadors of Brazil, we aim to welcome the community into Rodizio Grill — our home — and celebrate the ‘alegria,’ or joy, that is the Rodizio Grill experience. I believe our concept and the community will be a natural fit for one another.” 

Locally and nationally, Rodizio Grill is known for its playful Brazilian spirit, authentic menu offerings and family-friendly atmosphere. The unique concept features rotisserie-grilled meats, expertly seasoned and carved tableside by traditionally dressed Gauchos. While the meats are the main attraction, they are complemented with an award-winning gourmet salad bar, authentic hot side dishes, fresh-pressed juices, homemade Brazilian Limeades, signature (full-liquor) cocktails and a selection of exclusive, homemade Brazilian desserts. The whole experience comes at a competitive, affordable price so the whole family can celebrate together. 

Wesley Chapel Location Rendering
Wesley Chapel Location Rendering

Brazil-native Thiago Navarro will be the General Manager of Rodizio Grill’s newest location, bringing with him close to a decade of experience with the brand. 

“Having grown up in Brazil, many of my cherished childhood memories took place at our local churrascaria – whether it was celebrating a special occasion or simply spending quality time with my loved ones,” said Navarro. “Rodizio Grill is truly the embodiment of these memories – the traditional fare, the experience with the Gauchos and the fun atmosphere. I am thrilled to represent Brazil here in Wesley Chapel and am excited to share my passion for our culture and our signature Rodizio Grill experience with the community.” 

Our Rodizio Grill will be located at 2082 Grand Cypress Drive in Lutz. The 9,250-square foot restaurant — with room for about 300 diners — will feature several private and semi-private event spaces. The restaurant will create upwards of sixty jobs. To learn more, visit Rodizio.com. 

About My First-Visit Experience

Knowing that the groundbreaking was coming up, I decided to bring my mom to the Rodizio Grill location in Sarasota on Mother’s Day. There was a $10-per-person upcharge for the event, but there also were additional food items included for that higher price: a beef tenderloin carving station, plus two items I couldn’t sample because of my accursed shellfish allergy — large shrimp in garlic sauce (which my mom enjoyed) and lobster bisque. 

We also sampled a number of items from the clearly fresh, 30-item salad bar, as well as a few of the hot side dishes, including the seasoned white rice and feijoada (black bean stew), plus pasta Alfredo, a savory shredded roast pork dish that I somehow didn’t take pictures of and the creamy Estrogonofe de Franco (or chicken stroganoff), which was probably my favorite of the hot sides. Trying to save room for the “main event,” we didn’t sample the couve (sautĂ©ed collared greens and bacon), the creamy whipped potatoes or the Pao de Queijo (homemade Brazilian cheese bread), but they all looked good — and different from anything you’ll find anywhere in our area.

Speaking of the main event, my mom and I agreed that the Maminha (tri-tip steak) was our favorite of the steak options sliced at our table, although we also enjoyed the Picanha (top sirloin) and Bife con Also (steak basted with traditional house garlic rub). My personal favorite of all of the tableside options was the Presunto (ham grilled and basted in a raw sugar glaze), although I did also enjoy the Pernil (roast pork) served with fresh lime wedges). 

We definitely didn’t pace ourselves well enough, so we only sampled two chicken dishes — the Coraçao de Franco (chicken hearts) Temperado and the Frangro Agri-Doce (white meat chicken with a sweet and spicy sauce, like a slightly spicier version of Chinese orange chicken. 

We filled up pretty quickly on all of these options — I hope, the next time I visit, I will do a better job of pacing myself — so we did not try the two different kinds of sausages available, nor did we see any lamb or fresh fish options before we were ready for dessert.

Rodizio Grill offers a nice selection of five desserts, of which we sampled the Romeo e Julieta-style cheesecake and the Torta Brigadeiro (a rich chocolate mousse torte served with sliced bananas and fresh whipped cream). Please note, because we didn’t, that the desserts cost extra — they are not included with your fixed-price meal.

Overall, my mom and I enjoyed our first experience at Rodizio Grill and I am definitely looking forward to the opening of the Wesley Chapel/Lutz location. 

$69.4M Widening Of Wesley Chapel Blvd. To Begin Soon! 

David Nelson Construction Co. To Widen WC Blvd. To Six Lanes Between S.R. 54/56 & Old Pasco Rd. 

Research by Joel Provenzano 

The map (above) shows the full length of the $69.4-million contract to widen Wesley Chapel Blvd. from (mostly) two to six lanes between Old Pasco Rd. & where S.R. 54 & S.R. 56 meet. All of the existing and planned traffic signals are shown, with the planned “additional” signals outlined in yellow. Please note that the signal that is “planned” at the intersection of Stagecoach Village Dr. and WC Blvd. is already there, but that is considered to be a “temporary” signal that will be replaced. (Map: Provided by Pasco County, modified by Charmaine George & GN) 

Even though nearly the entire length of Wesley Chapel (WC) Blvd. actually divides Land O’Lakes (on the west side of the street) from Lutz (on the east side) and only actually enters Wesley Chapel’s 33543 zip code at Lexington Oaks, it is big news that Pasco County has finally awarded (on Apr. 23) the $69.4-million construction contract to David Nelson Construction Co. to widen WC Blvd. between S.R. 56 and Old Pasco Rd. from two (for most of this stretch of it) to six lanes. 

Although we are not the first to report this information, we are the only local news medium trying to find out whether or not vehicles will still be able to make left turns onto (or off of) WC Blvd. from the many entrances to communities along the full length of the project. There is a median for the widening project’s entire length, but how many curb cuts will there be along the 4.1-mile length of the project? Are there going to be U-turn lanes at any of the community entrances? With only two traffic signals being included (one of which, the “temporary” signal at the entrance to the Stagecoach community, at Stagecoach Village Dr., already exists), will people living in any of the nine residential communities along the project’s length still be able to make left turns across WC Blvd. to enter or exit their communities? Thanks to our Joel Provenzano, we believe we have those answers. 

As someone who has lived at the south end of this project the past five years, I (and Jannah) have witnessed two serious accidents caused by people trying to make left turns in or out of these communities who were hit by drivers going north or south on WC Blvd. We also narrowly avoided a left-turning driver whose vehicle did a full 360Âș spin in front of us following a collision. 

The intersection of Compark Dr., at the more northern of the two entrances to the Compark 75 office and warehouse park, will receive a new traffic signal under the WC Blvd. widening agreement. 

Here’s what we know about the “new” traffic signals included in the WC Blvd. widening contract: 

1) The only completely new signal included in the contract will be placed at the more northern of the two entrances to the Compark 75 warehouse park at WC Blvd. & Compark Dr. 

2) The existing traffic signal at Stagecoach Village Blvd. is a “temporary” signal that will be replaced with a permanent signal under the contract 

The issue to me, as someone who has lived off of WC Blvd. the last five years, is that there are so many other equally dangerous intersections along WC Blvd. (see list below) that aren’t getting signals. 

But, thanks to our research specialist Joel Provenzano, who was an engineer with the Florida department of Transportation (FDOT) for years and is much more “fluent” in reading such documents than I am, we believe we have the answers to my question about the planned median in the center of WC Blvd. that will prevent drivers most of the entrances to these subdivision/apartment communities from going across WC Blvd. to make left turns either into or out of (or both) of their respective communities. 

Here is that list of intersections that we believe are being addressed under the widening agreement: 

— Pondside Dr. at Old C.R. 54 – Median remains fully open. 

— Entrance to Harley- Davidson – Directional median opening (left turns in only) remains the same. 

— WC Blvd. at Grand Cypress Dr. (entrance to the Maeva Apartments/Cypress Bend Prof. Park – Directional median opening with left turns in only. 

— WC Blvd. at Hyde Park Blvd. (entrance to The Enclave subdivision) – The median will remain fully open in both directions at this location. 

— WC Blvd. at Wilshire Dr. (entrance to The Woodlands at Stagecoach subdivision) – No left turns out. 

— WC Blvd. at Bramblewood Blvd (entrance to the Cypress Estates) subdivision – Directional median opening with a U-turn lane. 

— WC Blvd. at Oaks Blvd. (entrance to The Oaks subdivision) – Full median opening. Note – Oaks Dr. and Bramblewood are connected at Tradewinds Dr., off WC Blvd. 

— WC Blvd. at Winding River Way (entrance to the Edgewater at Grand Oaks townhome community) – Full median opening. 

— WC Blvd. at Cloud Hopper Way (entrance to the Volanti townhomes) & Cobalt Dr. (entrance to the new Cobalt apartments) – No median openings at all at either location. Note – There will be an opening about 600 ft. south of Volanti for U-turns. 

— WC Blvd. at Pet Ln. (alternate entrance to Grand Oaks Plaza and Compark 75) – Directional median opening with left turn in only. 

— WC Blvd. at Magnolia Blvd. (at Marathon gas station & just north of Midgard Self-Storage & Ewing Irrigation & Landscape Supply) – Full median opening remains. 

— WC Blvd. at Players Dr. – Opening will be restricted to right-out turns only. 

— WC Blvd. at Tampa Downs Blvd. (by North Tampa Aero Park) – Left-in directional median opening only. 

The Presentation To The BOC 

Prior to the vote awarding the contract at the Apr. 23 meeting of Pasco’s Board of County Commissioners (BOC), Panos Kontses, the county’s assistant director of transportation engineering, made a presentation to the commissioners regarding the awarding of the contract to widen WC Blvd. 

The existing traffic signal at the intersection of Stagecoach Village Dr. and WC Blvd. is considered to be a “temporary” signal that will be replaced with a “permanent” one. 

“Typically, construction contracts are presented through the consent agenda,” Kontses said. “However, the size of the contract, the significance of the project for the county and also because of the history of the project, our county administrator suggested that we give you a brief presentation.” 

Kontses also noted that WC Blvd. provides access to many communities, as well as commercial businesses, “and also provides an alternate relief route to I-75.” 

First, Kontses gave the commissioners an overview of the existing status of WC Blvd. The north end of the project, between Progress Pkwy. and Old Pasco Rd., is 4 lanes, with a 45-mile-per-hour speed limit. It has 5-6-ft.-wide sidewalks and a 4-ft.-wide bicycle lane. 

The middle portion, between Old. C.R. 54 and Progress Pkwy. has a 55-mph speed limit and is almost completely two lanes with no sidewalks or pathways and just 4-5-ft. shoulders. The southern portion, from Old C.R. 54/Pondside Dr. to S.R. 54/56 is six-laned, with a 45-mph speed limit, and with a 5-ft.-sidewalk, an 8-ft.-wide pathway and 5-ft.-wide bicycle lane. 

Kontses also noted that the project has, “a long history…longer than we wanted…and also went through several project managers. I just happen to be the last one. And, we are very excited to bring this project to its last stage — its construction.” 

He then noted that the original route study was conducted in 2003, when WC Blvd. was intended to be a 4-lane rural road. But, even though the design phase for that original plan started in 2008, nothing else happened after the Tampa Bay Regional Planning model became available between 2008- 14, which showed that the original 4-lane plan would not be able to accommodate the expected traffic. 

“That area is going through explosive growth,” Kontses told the commissioners, “and the expected traffic volumes were almost double, so the recommendation was to make the road a 6-lane section, but keep it within a 150-ft. right-of-way. “That meant we had to condense the section to an urban road with bike lanes, 5-6-ft. sidewalks and an 8-ft. pathway.” 

The route study resumed in 2015- 16, with new design starting in 2016. 

“But, in 2017,” Kontses noted, “we got the updated flood plains from Swiftmud and we didn’t want any adjacent properties to end up being flooded, so our design team did a drainage analysis and found that no properties were likely to be flooded, so we were happy about that.” 

The WC Blvd. Construction Project Schedule & Cost shows that the $69.4-million project is expected to be completed by May 2027. (Source: Pasco County)

Permitting then began in 2017 and right-of-way acquisition between 2019-23. District 3 Commissioner Kathryn Starkey noted that it took “a long time — five years” for the county to purchase all of the needed right-of way, but Kontses noted, “We had to purchase 43 parcels from 25 different property owners, so that was an extensive effort for our resources.” 

He added that the plan also had to go through several revisions because of new developments that began building and additional reviews by the Florida Dept. of Transportation (FDOT), “because they contributed some of the funding for the project.” 

Bids were finally solicited in Dec. of 2023 and the bids opened in Jan. of this year. 

Comm. Starkey also expressed concerns about animal crossings at a wetland near Oaks Blvd., the entrance to The Oaks subdivision. 

After that, Kontses pointed out that the improvements also will include lighting along the length of the project, which will help improve safety a lot, because WC Blvd. is notoriously dark. 

District 5 Comm. Jack Mariano expressed concerns about not getting landscaping design included in the project, but Comm. Starkey noted that the landscaping for Little Rd. is only about 30% designed, “so they’re way behind on these projects.” 

If the BOC approved the agreement on Apr. 23, Kontses says the Notice to Proceed (NTP) could be given within two weeks, or before this issue reached your mailbox, and that the expected completion date for the 36-month contract is May of 2027. 

Kontses also mentioned that in addition to the main contract, there is an additional contract for independent Construction Engineering & Inspection (CEI) services for $4.5 million. 

“Four million to see if they built it right? That seems like a lot of money,” Comm. Starkey asked. “How about the contract just stipulates that they have to build it right?” 

But, Kontses said that the normal cost of CEI is, “about 10-15% of a project’s construction cost, so at $4.5 million, we’re getting a bargain.” 

Dist. 2 Comm. Seth Weightman, whose district includes the full length of the project, then moved for approval of the contract, which was seconded by Comm. Starkey and the motion passed 4-0. Dist. 4 Comm. Gary Bradford, who passed away the day before the meeting, was obviously not available for the vote. 

Masjid Daarusalam Hosts Blood Drive For Gabe Hassan

The parents of Gabriel (Gabe) Hassan, the Wharton High graduate who passed away on Feb. 6 of this year from a rare form of leukemia, shortly after receiving his diploma, held a blood donation drive at the Islamic Society of New Tampa’s Masjid Daarusalam on May 10, in honor of what would have been their son’s 18th birthday.

There were three OneBlood Bloodmobiles on hand at the blood drive, which began a few hours before the regular services at the New Tampa Mosque, located just north of Cross Creek Blvd., at 15830 Morris Bridge Rd.

Hundreds of worshipers, as well as District 7 Tampa City Council member Luis Viera and State House Minority Leader Fentrice Driskell (D-Dist. 67), donated blood in Gabe’s honor and memory on his birthday. Gabe’s mom and dad, Carolyn & Mahmoud, were among those who donated blood in their son’s honor. Carolyn, who shared her private writings about Gabe and his favorite things with the Neighborhood News (look for them in our May 28 New Tampa issue), said it was the first time she had ever donated blood.

The Neighborhood News story in the May 28 New Tampa issue will provide additional pictures and information for this story.

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.