About Leo Pareja
Leo Pareja, CEO of eXp Realty, has been active in public discussions about the state of the real estate industry in 2026. He has described the current period as one of significant consolidation, citing a series of major mergers and acquisitions. Pareja has stated that he believes the industry could look "radically different" in three to five years due to these changes. He has also commented on the role of artificial intelligence, suggesting that while AI will change the nature of work for real estate agents, the profession will not be eliminated because the job is fundamentally about human relationships and providing value. Pareja has said he believes agents should "obsess with relationships and value."
Pareja has also discussed the acquisition of NextHome by eXp Realty, which was announced in May 2026. He has described the deal as being driven by philosophical and cultural alignment between the two companies, rather than a focus on "synergy" or cost-cutting. He has stated that eXp Realty's goal is to reach 10% of the industry market share, up from its current 4%. In addition, Pareja has commented on the issue of housing affordability, saying it is the biggest problem in the country and proposing that the owner-occupant tax exemption be doubled, as it has not been adjusted since 1997.
Source: AI-verified profile updated from Leo Pareja's recent appearances.
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✨ AI-enhanced transcript with speaker attribution
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Clayton Collins0:08
I'm Clayton Collins, CEO at HousingWire, and today's guest on the PowerHouse podcast is Leo Pareja, Chief Strategy Officer of eXp Realty. Real Trends verified 2024 broker rankings report eXp as the largest brokerage in the country by sides, with over 355,000 transaction sides in 2023. This episode, this conversation with Leo, is meant to bring clarity to chaos, as there's a lot of misinformation about the recently announced realtor commission lawsuit settlement. We focus in on background on the lawsuit, interpretation and guidance on the settlements, and some coaching for agents. If you find value in today's episode, then I hope you'll join us at HousingWire's big annual event, the Gathering. eXp CEO Glenn Sanford will join us on stage at the Gathering and go even deeper on some of the topics that Leo and I discussed today in this in-person interview. So if you want to register, visit housingwire.com/thegathering. And now let's jump into this in-person interview with Leo Pareja, Chief Strategy Officer of eXp Realty. Hi, I'm Clayton Collins, CEO at HousingWire, and today we're bringing you a special recording of the PowerHouse podcast. My guest is Leo Pareja, Chief Strategy Officer at eXp. Welcome.
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Leo Pareja1:25
Thank you for having me.
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Clayton Collins1:26
This is an important conversation that's very timely. So this conversation is going to be the definitive discussion on where we are today in relation to the realtor lawsuit settlement. And in this conversation, we're going to focus in on operational strategy, extremely clear communication, and also talk about some of the opportunities and changes that will come in the industry and how those should be operationalized by agents and brokers alike. Leo, framework work for you?
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Leo Pareja1:54
Absolutely.
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Clayton Collins1:55
All right, awesome. So Leo, I want to kick off with why you are uniquely qualified to have this conversation today and be the guest that helps us kind of set the framework for the definitive discussion on this settlement. So can you give us a glimpse into your background, starting from your days as an agent and how you've evolved to the executive role you play today at eXp?
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Leo Pareja2:15
Yeah, no, gladly. So I started as an agent at the age of 19. So I say I was born and raised into the industry. I lived through a boom and then a bust and then a recovery. So as a practitioner, as an agent, I've sold close to 4,000 homes, both retail, REO, hedge funds. So if it's happened in the last 16 years, I touched it. And I've seen massive shifts in both interest rates, supply, demand. And the thought and words I keep saying to our agents is this too shall pass. There are moments in history where we all have very emotional reactions, and the one thing I've learned across my decades in the industry is we can't control what happens, but we can control how we react to what happens. So there are some folks that are very upset, there's some folks that are excited, but the reality is if these are the new rules of engagement, and I say if because the judge needs to ratify, the DOJ needs to opine, but if these are the rules that we're going to unpack today, we can only move forward to serve customers in the most important transaction of their life.
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Clayton Collins3:28
I think this is a very different challenge than what we faced in 2007, 2008 and the years that followed the great financial crisis. But for the people who went through that period, the understanding of how to adapt to change is something that's built into our DNA. And when I initially talked to Steve Murray, founder of Real Trends, one of our senior advisers at HousingWire, about this settlement and what would happen in the industry, one of the first things he said is, 48 years in this industry and I've seen some brokers and agents adapt to change, and no lack of confidence at all that this industry, like it has done before many times, will find its footing and determine the path forward that works for the homeowner, the consumer, as well as the agent and the broker. So Leo, you started your career as an agent, you went on, you've led a tech company, and now you're in an executive role at eXp. Tell us about that evolution.
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Leo Pareja4:22
Yeah, so again, each chapter of my career led me to the next one. So after the financial crisis, I actually started a pretty large private lending fund, and based on the shifts of Dodd-Frank and CFPB, I adapted quickly. And as I started building that business, I needed public record data, which then led me to the next chapter in the tech business. And after I exited those businesses, I got a call from Glenn Sanford to join the executive ranks. I had actually made the mental decision to probably get out of organized real estate. Building the tech symphony was the hardest thing I've ever done for many, many reasons. But when I understood the model and the opportunity, I got excited to stay in organized real estate.
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Clayton Collins5:08
You should know, as all of our listeners and guests do, you don't get out of real estate. It's the industry that holds on to you. You stay for a long time. All right, so on that, Leo, let's transition to talking about the settlement. So I want to go through some of the key points of this settlement and then to kind of set a guide for how we talk about operational strategy. So can we start off with when was the settlement announced and what's the timeline for what we expect from here?
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Leo Pareja5:37
Yeah, so we all found out on Friday, March 15th, and we can almost set that as the before and after date. Again, it has not been ratified by the judge, and the DOJ could still opine, but the targeted date for implementation is mid-July. And the first things to make sure is who does it affect. So it's more who it doesn't cover, which are the HomeServices of America agents and brokers. But outside of that, every licensed individual dues-paying member of NAR, including all my agents, including the other 94 independents that were not covered per the release. The agents themselves are released, but even like ours, we're still currently litigating and I can't comment on ongoing litigation, but the agents themselves are now released on the seller liability.
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Clayton Collins6:28
And do you know the significance of the period we're now in where July was announced as a date where implementation must be made?
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Leo Pareja6:36
Yeah, I think that's the very confusing portion of time we're in. Even though there is an implementation date of mid-July, per the Real Trends report that came out last week, we're the single largest broker in units sold. So we serve more families than any other brokerage in America. And so I feel like we have a very large megaphone of feedback loop. And so immediately on Saturday, the day after, I was getting calls and emails and text messages from our agents telling us that consumers were already saying, well, I don't want to offer a buy-side commission, I don't want to pay you. What does this mean? So there's a lot of confusion in there, and I fully expect that there's going to be consumer questions or demands for behavior to begin prior to mid-July.
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Clayton Collins7:28
Absolutely. And I'm sure we're hearing stories at HousingWire, and I'm sure that you're hearing them through your agents as well, of immediate reaction from consumers prompted by some of the immediate content that they've consumed on the internet as well as on TV. So we're going to talk more about that in a minute, but I want to continue setting the stage. We're talking about how commissions and compensation worked prior to March 15th, because that will help us frame how things will change.
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Leo Pareja7:57
Absolutely. That's a great way to start, Clayton. So prior to 3/15, before there was any news, by participating in an MLS, you agreed to business rules. That's the benefit of an MLS. And most MLSs had the offer of compensation and cooperation as part of that. I say most because there were some very notable examples where rules had been in place where you could put that all the way down to zero or one. But for the ones that had it, and let's say there was an offer of 2%, 2.5%, 3%, whatever it may be, that was a guaranteed offer of compensation, a unilateral offer of compensation. If that transaction paid out, that commission was due. And if there was even a commission dispute, those two agents would go to the board for arbitration to mediate that. And by participating in offering it, it was not to be negotiated or touched or messed with outside of, you know, the ACC credit or something of that sort that was agreed upon by the parties. So once a commission is listed in the MLS, there's not a negotiation between the listing agent and the buyer agent.
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Clayton Collins9:12
But there was negotiation on the overall percent of commission that a consumer may agree to with their listing agent, correct?
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Leo Pareja9:20
Correct. And that's actually probably the biggest headline that I've seen that isn't being captured. There has always been choice, there has always been room to negotiate. On the listing side, there is a variety of business models from a flat fee to percentage-based to limited service. So that's always been there. What I was referencing is once the seller and listing agent agreed upon what was being offered as the co-op fee, once it was signed into the agreement and offered in the MLS, after the fact, once the offer was delivered to the listing agent and seller, you couldn't change those terms. So there was never going to be a at-the-closing-table discussion of buyer representation and seller representation saying, you didn't really do much work on this transaction, you're going to take one and a half instead of two and a half.
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Clayton Collins10:12
Said perfectly. Okay, so we understand where the negotiation happens and where it doesn't happen. And the MLS and the association served as a governing body to make sure that the two sides of a transaction on the professional side, the agent side, were in agreement on how they got paid. Are there any other nuances to compensation that we should discuss as we talk about the old regime, the old days, before going into the future?
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Leo Pareja10:38
That covers it. So there was, and in most MLSs right now, that offer of unilateral offer of compensation is still present. So that transition hasn't happened yet. We haven't made any drastic changes in the last 11 days since this. When we woke up Monday morning on the 18th, all the inventory in most MLSs still had whatever had been offered. And that's a really important point because if you follow some of the rhetoric and commentary out there, there are people who expected immediate change when that settlement was announced, and that has not happened and has not been decided yet.
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Clayton Collins11:16
Correct. But I do fully expect, and when I addressed our agents on Monday the 18th, that on listing appointments that were going to go on that evening and subsequently, this needs to be part of the conversation. Okay, so we talked about pre-March 15th. Now we're in this period from March 15th to July, where I might call it a purgatory before change implements in July, or at least the deadline comes. What questions were you answering for agents on that March 18th call? How were you directing them to operate in this period of uncertainty?
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Leo Pareja11:52
No, that's a great question. And again, back to our scale, one of the things we were able to operationalize within a week was a full buyer kit. And what that buyer kit has for our agents is, we've had a seller agenda as of Q4 of last year where it very specifically and directly highlights to sellers that all buyer commissions are fully negotiable. So whatever full commission you expected and we're going to offer as a buyer co-op, it could be zero. And there are markets in this country where we've seen that, where the supply-demand afforded it and people were offering zero or one or one and a half percent. So no standard fees. But what we rolled out within a week was a script and an FAQ for both sellers and buyers, and then an FAQ for buyers as to what this will mean in purgatory, as you put it, and then post-July 15th.
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Clayton Collins12:50
So what in the old world, and now in the markets where the supply and demand allows for a listing agent to put zero as compensation, how does that work? Like, do buyer agents actually open the door? What's the operational action there on not getting paid?
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Leo Pareja13:08
So again, I'm very pragmatic. My background, I always rely on data. And what the top MLSs consistently put out from a data perspective is that agents never sort by commission paid. And this is, again, you don't have to take my word for it. We have the software and the search history at scale for MLSs. Agents do not sort by co-op offered. They search by the requirements that the consumer has: three-bedroom, two-bath, price point. But you and I met during the financial crisis. There was a time and period where there was 18 months of inventory, and we had sellers offering 4% and 5% commissions to try to get as much attention as possible. I've always viewed the buyer co-op as demand gen. It's a marketing fee. We have 1.6 million people who do a noble profession in the housing industry, and these people invest months and thousands of dollars out of their own pocket before earning any compensation for it. So to say that it isn't necessary or this is some cost, I truly don't believe that. The offer of compensation, in my opinion, is demand gen lead that the buyer or the seller and the listing agent are offering to market that property.
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Clayton Collins14:42
Okay, that makes perfect sense. So we're in this purgatory land, we're figuring out what happens in July, but agents are going out and having listing appointments. What is the consumer message at this point in time when talking with potential home buyers and sellers when there still is this uncertainty in the ether?
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Leo Pareja15:00
Yeah, I think education, education, education is unpacking any misinformation that they have consumed. Because again, thanks to phones and the internet, where everyone's an expert and anyone can be a talking head on TikTok or Instagram, so I would be setting the baseline with consumers, buyers or sellers: what do you think this means? What does this actually mean to you? And how does this affect our game plan?
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Clayton Collins15:29
Okay, yeah. And I mean, at eXp, according to Real Trends rankings, you guys did 355,000 sides last year. Is that, did I get that number right? 40% higher than the next leader by sides. So you have a lot of agents out there representing those sides. How are, and there are some of those agents that are the ones that take to Instagram and TikTok. How do you guide them on the message that they should be or should not be communicating in public forums or private conversations?
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Leo Pareja15:58
No, so one thing that we internalize as a brokerage is we are a platform to empower these very ambitious entrepreneurs who are all independent contractors. And I have the deepest respect for what it takes to be an entrepreneur, since I've been one my whole life. So as I see it, my job is to lead from the front with education and answer as many questions as possible. And I'm not encouraging people to be quiet. I think we need to have conversations. I think agents should reach out to their peers in their local market across brands, go have coffee. The amount of insecurity and fear is palpable. And I think one of the ways to overcome that is just go grab coffee with an agent that you did a deal with, ask each other questions, share knowledge, because the reality is we're all 11 days in with the information provided to us. As we've seen in other settlements, whether in our industry or outside of our industry, when it gets closer to the date, there's additional information, of course, there's amendments, there's updates. So we don't have all the rules of engagement yet. The one thing I'll say from my two decades in real estate, when there is a shift, there's also unintended consequences that you and I haven't thought of. We don't know what we don't know. And so there's going to be a lot more learning to be done by all of us.
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Clayton Collins17:30
Yeah. Do you think a lot of that learning will be driven by the associations, or is this going to be learning that has to start inside of the brokerages and be led by the entrepreneurs and the industry?
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Leo Pareja17:41
I truly believe the agent is at the center of the universe. That's our entire ethos as a company. So I'm here with our entire leadership team to, in real time, get feedback. For the agents watching, you guys know how to get a hold of me, you're not shy. So when you come across a problem, we can unpack that and operationalize it, then we share company-wide as soon as possible.
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Clayton Collins18:04
Okay, that's helpful. So one of the reasons that I believe some agents are hesitant to have this conversation, and another reason why some people have miscommunicated what's happened out there, is a lack of a shared vocabulary and using a common vernacular as we talk about how listing a home, selling a home, getting paid should work. So can we talk about some of the vocabulary right now, so as we go into what the future may look like, we're using phrases that everybody understands? So let's start by talking about a buyer representation contract.
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Leo Pareja18:40
Yeah, no, that's a very good question. So the sentence I'm saying to all of our agents, and kind of the mantra regarding the NAR settlement, is treat your buyers like you treat your sellers. So I actually don't think that we need to imagine what this looks like out of thin air. I think we need to take whatever processes they already do and have done for decades with sellers, and just now look at buyers through that same lens. So in a listing, in most markets, it is a competitive process where a seller is interviewing two or three listing agents. It's a best practice. And there could be varieties of cost based on the options of service. We have a low fee, a flat fee, a full service with high-end video and white glove service. And there is no listing that currently goes into an MLS that's not in writing. And that's a listing agreement that ultimately needs to happen before a home is listed on the listing side. And inside of that listing, we have the buyer cooperation compensation. But as for the example that I'm using, and again, not all 50 states, and you and I both probably got a lot of hate mail this week because a sentence can get taken out of place, is some states have agency disclosure, but only a handful of states have representation requirements, because that is an offer of employment versus an agency disclosure. So states like Washington, North Carolina, and Georgia have had rules where the agency covered compensation. But in the vast majority of states, the buyer representation relationship is mostly implied, meaning if it's convenient, I'll unlock that door at the open house, very low commitment, let's just meet there and see how the relationship unfolds. But that resulted in low commitment from both sides. So a home buyer might date multiple agents at the same time and ask someone to see a certain house and someone else to see another one, with agents kind of having the same not formal relationship.
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Clayton Collins20:55
And again, for some it was, I don't want to speak in absolutes. We're talking about different states. So like you mentioned Washington, Georgia, North Carolina. We talked about Washington before we came on camera, and that rule, I think, or the practice of using buyer representation is relatively new, right? January, as I understand, in January they rolled out new rules. So that's something that was likely in reaction to the lawsuit and incoming settlement or whatever was going to happen, correct?
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Leo Pareja21:24
Correct. Okay, yeah. So again, back to the question, as we interpret the NAR rules, part of the rules change is that we want the buyer agent and the buyer to have the same level of finite relationship that we see between listing agents and sellers.
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Clayton Collins21:44
Okay, so talking about vernacular, buyer representation contract could, in some states, does look a lot like a listing agreement. Like we're going steady here, we're getting hitched, we're going to look at houses together, and we're agreeing to a compensation structure.
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Leo Pareja21:59
And just to take that further, on the listing side you have exclusive representation and there's also open representation. So I fully expect to see more than one flavor on the buyer side where you could have a low commitment, show me that one property one time for X fee, but there is no long-term commitment. I fully expect to see some agents offer an open representation where it's like, if I help you with that property, I'm owed compensation, but that doesn't mean that it applies to any property. And then we'll see the exclusive representation, which is what most of us are familiar with on the buy side. And again, I'm not making this up out of thin air. I'm just looking at what exists for sellers today and the different types of relationships.
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Clayton Collins22:54
Knowing the agents at eXp and the entrepreneurs at eXp, do you anticipate that there'll be a certain flavor of representation that'll work best for your organization?
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Leo Pareja23:03
I think what we will see is going to be market specific. And I mean by like low inventory versus high inventory versus price point. So not just like North Carolina is North Carolina all markets. It might shift by where supply and demand goes, whether Altos Research is saying it's a buyer's market or a seller's market. And one of the wonderful things that I get to interact with, we have agents that do all types of different business models: high volume, low fee, fixed fee versus percentage-based versus white glove service. And I fully expect the awesome entrepreneurs I'm in business with to be leading the charge and experimenting. Whenever you see a shift in any industry or business segment, or there's an emergence of a new opportunity, in capitalism we see an explosion of people trying stuff. Go back to the railroads, there was like 100 plus of them, and then in a few years there's kind of the tried and true survivors of the experiment. So my guess, I reserve the right to change my mind since this is recorded, but we'll probably see a bunch of folks try things, and then water always finds the lowest point of gravity. Whatever is the best thing for the consumer and the practitioner pursues the consumer's needs will probably win. And my expectation is to see two, three, four different models that the brokers of the future will support based on what capitalism decides as the new way of doing things.
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Clayton Collins24:39
Talking about knowing your value, demonstrating your value, selling your value has been a concept that's existed in real estate for a long time. And I think that some agents have been like their value has been underappreciated. How do you think the process of demonstrating value will impact agents and how they interact with buyers?
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Leo Pareja25:03
Yeah, so again, going back to my sentence, it goes the same way. I think agents, whether they're new or seasoned, are very good at articulating the value they deliver to a seller. And I just don't think that most of them have consciously developed that script, that presentation, that muscle to articulate value again. I was born and raised in this industry professionally, and so I'm quite confident that the expert guides that they are, they will figure it out rather quickly. But it's going to be a combination. NAR has a great document with the 105 things buyer agents do in a transaction. And most of us take for granted what we do every day because we do it in our sleep. But it's our job as professionals to be able to articulate that, to explain that, to put a dollar to it. And I would also encourage them to be flexible and test new models to support consumer demand.
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Clayton Collins25:58
When you look at the Real Trends verified rankings, it becomes pretty clear there's a lot of different business models and how brokerages and teams and agents run their business. And you just wonder how the heck does that brokerage do X and you okay, different model, I got it. Kind of like you were talking about back in your wholesale days. So different models. But when you talk about agents, especially like if I'm at a neighborhood barbecue or in the neighborhood, an agent's an agent, and I don't think most consumers understand the different areas of strengths. So do you think agents will have to start putting themselves in a little more of a box and like telling people, hey, I'm the full service gal, I'm the low cost guy, and actually being more market facing with this is what makes me unique instead of a lot of positioning today has been like, I serve this neighborhood, I can help everybody with their needs?
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Leo Pareja26:55
So again, time will tell. My guess will be that the agent of the future can actually have multiple offerings even in their own practice. You do not want to turn away a consumer that's highly educated, maybe has a financial background, has purchased two or three homes, maybe needing less services than a first-time home buyer who's doing FHA and getting a down payment assistance program from the county. I don't see that it'd be wise for an agent to cut themselves off to a section of the market if there's demand that works. I know this market pretty well and fairly financially sophisticated and done it a few times, but I'm certain the agents that I've worked with have earned that key. So I think sometimes your more experienced buyers end up being some of the most high maintenance and high need buyers. I relocated from the Northern Virginia area to Miami where I now live. I'm still licensed in Virginia, I still hire an agent to sell my stuff for a myriad of reasons. I don't want to speak to the buyer and create any misrepresentation. I want that buffer of representation where we're not creating more potential legal liability.
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Clayton Collins28:08
Okay, so we have a shared vernacular, we know the vocabulary, we know what we're talking about. We talk about buyer representation and agency, which agency might be a thing of the past. With representation being in black and white, there's no more implied agency. With agency, was it in writing or was it implied by behavior because then that whole thing of procuring cause and everything else that came with it. We know July is coming, we'll see what changes when July gets here. The industry is figuring that out. But there's some concepts that are already being talked about pretty frequently in the industry. One of those is, can seller concessions be a form of compensation in a scenario where an MLS has zero in that agent compensation field?
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Leo Pareja28:59
So great point. So just to say black and white, mid-July we expect the offer of compensation field to be deleted, and we expect either through comments or a field in the MLS for a seller, if they so choose, inside of their listing agreement to make an offer of concession. And a couple things to really unpack there. One, a seller concession could be used for any myriad of reasons: buy down points in this interest rate environment, pay closing costs, pay for an HVAC repair, or for the offer of compensation via the buyer agreement. So I would expect to see seller agrees to pay X to eXp Realty. And so how that gets worked into the settlement statement, but the most important thing people need to take away from this, if this is the only thing that they take away from this conversation, is that that is no longer a unilateral offer of compensation. So I'll give an example. If a $500,000 listing today has a 3% buyer co-op, that is due upon closing whether it sells for...
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Clayton Collins30:15
Right. And that's a key distinction. So in the old model, that 3% was a guaranteed offer to any buyer agent who brought a ready, willing, and able buyer. In the new model, if the MLS field is gone, that offer is not guaranteed. The seller might still agree to pay a concession that could cover the buyer's agent fee, but it's negotiated directly between the buyer and the seller, or the buyer's agent and the seller, not through a blanket MLS offer.
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Leo Pareja30:42
Exactly. And that's the fundamental shift. It moves from a unilateral offer of compensation to a negotiated term between the parties. And that's going to require a lot more upfront conversation and documentation.
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Clayton Collins30:55
So let's talk about that documentation. What should agents be doing now to prepare for this new reality? What are the key documents they need to have in place?
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Leo Pareja31:03
First and foremost, a buyer representation agreement. That's the most critical piece. It needs to clearly outline the services being provided, the compensation structure, and how that compensation will be paid. Whether it's a flat fee, a percentage, or an hourly rate, it needs to be in writing and agreed upon before any showings occur. Second, agents need to have a clear conversation with sellers about what they're willing to offer in terms of concessions. That should be part of the listing agreement discussion. And third, agents need to be prepared to have the value conversation with both buyers and sellers. They need to be able to articulate why their services are worth the fee they're charging.
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Clayton Collins31:45
That's a great point. And I think that's where a lot of agents have struggled in the past. They've relied on the MLS to set the compensation, and now they're going to have to have those direct conversations. What advice do you have for agents who are nervous about having those conversations?
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Leo Pareja32:00
Practice. Role play with your colleagues. Use the scripts and FAQs that we've provided at eXp. And remember, you are a professional. You provide immense value in one of the most important transactions of a person's life. Don't be afraid to talk about that value. And also, be flexible. Not every client is going to need the same level of service. Be prepared to offer different service levels at different price points. The key is to have the conversation early and often, so there are no surprises at the closing table.
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Clayton Collins32:35
That's excellent advice. Leo, I want to thank you for taking the time to have this conversation. I think it's going to be incredibly valuable for our listeners. Any final thoughts?
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Leo Pareja32:44
Just that this is a moment of change, but change brings opportunity. The agents and brokers who embrace this change, who educate themselves and their clients, and who are willing to adapt their business models, will thrive. The industry has been through disruptions before, and it will come out stronger on the other side. Thank you for having me, Clayton.
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Clayton Collins33:05
Thank you, Leo. And thank you to our listeners for tuning in to this episode of the PowerHouse podcast. If you found value in today's conversation, please subscribe, leave a review, and share it with your colleagues. And don't forget to register for the Gathering at housingwire.com/thegathering. We'll see you there.
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Leo Pareja30:18
So post mid-July, there's a $500,000 listing. The seller chooses to offer a $15,000 seller concession in the MLS as advertised. If the buyer's agent does not put that into the contract in black and white and it's agreed upon by all parties, there is nothing they can do about it. Think of it more as a fixture in a contract. Today, there is a listing advertised fixtures convey, no matter if they are put into the contract, like the toilets and the showers, but if the washer and dryer or the stove are not explicitly written into the contract, the day of settlement you can show up and they're missing. There are lots of oral agreements across these 50 states that are enforceable. We have a statute called statutes of fraud specifically for real estate that if it's not in black and white, it does not matter what the agreement was. So think of this as a flooring credit, an HB credit, any form of credit that we currently are used to in a customary scene in real estate. Just think about it: we see offers of inducement for a behavior in commerce across, you know, come buy this car on the July 4th week and 0% financing. That now needs to be worked into the deal. So back to the example of $500,000, if someone lowballs at $450,000 or $425,000, that seller may say, okay, I'll accept that price, but I may not be offering that credit anymore. Understood.
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Clayton Collins32:03
So make sure I fully understand. Concessions, how often are those in the listing agreement versus negotiated during the sale process?
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Leo Pareja32:14
The one stat I do know definitively, the largest MLSs in the country for the last six months, I called them and said what percentage of transactions have seller concessions? It's north of 50%. So that's north of 50% in the actual transaction, but not always disclosed at time of listing. So if there's going to be a concession that may be used for compensation, and there's a field in the MLS, we might expect more concessions being worked into the listing agreement so that transparency is there from the very beginning. And some headlines say they expect to see price drops, which I don't at all, but if a property was advertised at X and someone counters by increasing the purchase price by Y, that's how it could be worked in.
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Clayton Collins33:01
That makes perfect sense. So let's go a little bit, and you mentioned this earlier in the conversation, but I want to come back to this. Since agent communication is one of the cornerstones of why we're having this conversation today, in the YouTube video that you did with your VP of operations at eXp, Holly, correct? You talked about treating buyers like sellers. Can you go deeper into that? I want to go back through that again and talk about how you expect your agents to start that conversation with a potential buyer and the path that they may go down as entrepreneurs and agents.
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Leo Pareja33:40
Yeah, so post-3/15 we refer to it going forward. Again, I'm not saying it as absolutes because I will get some messages from you guys saying no, I always got buyer representation on the whole, very large percentages. The relationship was somewhat implied, meaning it was not formalized through a buyer representation agreement. That stops. We have to have that spelled out just like we do with listings. So I would implore every agent who is a little confused or stressed to just say, what do I do for a seller? I set an appointment. I'm very often in a multiple competitor situation where you have to defend your value through either service, price, or experience, and execute an agreement between the parties where you defend your cost to the value you deliver. Again, I'm being very clear that that could be across a very large scale: lower fee, less services rendered, which is completely okay depending on the customer you're serving; higher service, white glove, full service, will probably have a higher price tag to it. We'll probably see people try a whole bunch in between. But what I think changes is the implied ambiguity, because that was covered by the offer of compensation, which now has to be spelled out in the contract.
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Clayton Collins35:31
That's really clear for me. And there's one we haven't covered, which is very important. In that buyer representation agreement, the fee cannot be open to negotiation in the process. What I mean by that, you cannot write 'whatever the seller is willing to pay.' If it's a flat fee or percentage and it's definitive, I'll use numbers for an example: if the buyer agrees to 2.5% with the buyer agent, and that seller is willing to pay 3% and offers it as a concession, you are capped at whatever is in the agreement. So there is no more open to interpretation. Does that mean the buyer's agent would get 2.5% and half a percent would credit to the deal, or the half a percent just isn't paid?
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Leo Pareja36:19
No, again, it has to be negotiated because there's no absolute guarantee. So the buyer could request a closing credit if it's advertised. What I'm just being very clear about, and where we're very black and white when researching and speaking to counsel, is that they don't want it open to interpretation anymore.
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Clayton Collins36:40
So in a situation where an agent helping a potential home buyer signs a buyer representation agreement and they have an agreement that says that buyer's agent is going to get paid 2.5%, and the listing agent has a concession and the seller is willing to pay the agent compensation, does that result in savings for the consumer on the buy side?
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Leo Pareja37:12
Correct. The ruling states that the agent can only receive what's negotiated with the buyer, whether it's a seller concession, so it could come from multiple different places: a concession, from the listing agent who had negotiated compensation in their agreement, or from the home buyer. But ultimately, the agent gets paid what is agreed upon. And another footnote, just since we're on the subject, agents were never allowed to say that the buyer agent service was free. There are a lot of rules at the state levels about that, but I think loosely it was implied by some agents in their marketing, like 'oh, you don't have any out-of-pocket expenses.' They might not have said 'my service is free' because it's not, but the implied relationship was 'I'll take care of you and you don't have to write a check out of your side of it.' So one of the rulings in the settlements says if an agent says 'my service is free,' they are not allowed to receive any compensation from any party in the transaction. If that's the representation, that's what needs to take place.
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Clayton Collins38:27
This is clear. So I'm going to ask you to look in the crystal ball for a second and pontificate with me. We don't know exactly how it's going to play out, but we've talked about the number of 1.6 million agents. As we talk about this new process of buyer representation, I think you could paint it into a category of the industry professionalizing. There are things that are going to get more formal, more buttoned up, but the great agents, the ones who offer and demonstrate value, are going to continue to get paid. What do you think this does to the broader population of agents? Do you think there are fewer agents in this new ecosystem we're preparing for, or does the new world look a lot like the old world from who participates as a real estate agent?
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Leo Pareja39:08
The thing that I want to always remind people of is that if we look back over a 30-year history, 4 million is the low side of transactions that happen in any given year and 7 million is the high side. It is driven by human condition. None of us decide to move because rates are good; we decide to move because we need more space, because we need more humans, those humans move out, death, divorce, and a change of job. So the transactions will be there, and I fully believe that. Statistically, at a very high percentage rate, consumers choose representation today. There are a bunch of different ways to sell a home without an agent, including the proliferation of institutional buyers, iBuyers, do-it-yourself websites, all that is part of the ecosystem. But at a very high percentage rate, and we've actually seen it increase over the last couple years in the data, consumers still choose representation. Maybe it's the optimist entrepreneur in me who has been in agent lives, I think that we will professionalize the industry, and I think that the ones who choose to use the new rules of engagement will succeed. To guess what the population breakdown of the agent count is, I think it's a little early to tell. But we've always had Pareto's law in an extreme example, where a small percentage of the agents do a disproportionate amount of the business. I think the ones who just see the new rules of engagement and shift, like you said during the financial crisis if I chose not to do foreclosures and short sales, I didn't have a business. There were markets where it was 1% of the market and they didn't have to worry about it, but I served a market where it was double-digit percentages, and if I wanted to stay in business, I had to do it for a couple of years until the market healed. I don't think this is a short-term situation we're dealing with. We're dealing with new rules of engagement, and I spend little time worrying about whether I agree with it or not. If this is an edict contractually with the way we operate, I'm not going to spend any time worried about my feelings about it. What are the rules of engagement? Because it's my job to provide a service to American families who move every year and make the largest decision of their financial lives.
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Clayton Collins41:50
Leo, let's shift a little bit and talk about some of the miscommunication that has happened in the last two weeks since this March 15th big day. We've seen headlines, we've heard podcasts, feedback loops, and social media comments. Let's start with the agent side. What are agents misunderstanding about what's happening in the market right now? What's the miscommunication you're hearing or misunderstanding coming from industry professionals?
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Leo Pareja42:19
I would say both consumers and agents are seeing the same misinformation at headlines. You want to start the media side. 'The 6% commission is officially dead.' Well, first of all, there was no official anything. It's always been negotiable. 'Buyer agents are going away' is another headline I read. Commissions were always negotiable. There was no implied or mandated ways of doing the business. So I think everybody just needs to stop, read what's being said, and then compare it to the information they're receiving from their broker or their local association. In the last 11 days, we've seen a very nimble industry react and say, 'okay, let's unpack that.' There's a lot of confusion, there are a lot of folks who are paralyzed, but I'm witnessing folks across the space step up and be leaders and figure out a path forward because regardless of what our industry is doing, we serve homeowners in a very important process in their life.
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Clayton Collins43:26
Despite folks like you and informed agents talking about the fact that commissions have always been negotiable, the headlines continue. And the commentary from everybody, from the leadership of our country down to early career reporters and everybody in between, still... I'll give credit to someone like Nicole to Wall Street who I think internalizes it and really puts out very data-driven information with really good context. As time moves forward and we see this get implemented pragmatically, we will just see it unfold and the media will catch up. So I think one of the things that's happening in media is trying to apply an industry dynamic to a consumer impact. So what's media getting wrong about the consumer impact?
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Leo Pareja44:27
That's a good one. I saw a headline that says prices are going to drop dramatically and affordability is coming back. That can be further from the truth. The price of homes is a math problem based on inventory and affordability, and commission plays no part in that. In the total cost of a transaction, it is a very small percent. So I think that's factually incorrect, and that's part of the education that consumers need or agents need to pass down to their consumers. Just because of this pivot in the way we interact with each other as agents, I think has no bearing on the cost of ownership.
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Clayton Collins45:16
You talked about the equation. I've always talked about inventory, demographics, and interest rates as being the three core variables in the mathematical formula that leads to the cost of home ownership, but also monthly payment. I have this belief that even if we see an environment where supply goes up and there's softness or more inventory in the market, demand is going to pick that right up, interest rates are going to cooperate, and the average payment is still going to be kind of the same across the market. Or we see a dynamic where interest rates come down substantially, we get to that five-handle that economists have been talking about, the fear is that home prices are going to kind of shoot right up and ultimately lead to a monthly payment that looks exactly like the one today. So a supply and demand formula that isn't going to impact the monthly payment or affordability. It's going to move, but the different inputs are going to move, but the ultimate output of affordability is going to start looking really similar.
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Leo Pareja46:22
I wholeheartedly agree with you. I use instead of demographics, I call it 'household formation,' but I use the same formula. And back to the human condition: when people make a decision they have to move, based on supply, demand, and cost of capital, they decide to buy or rent. But the human need to move: if your wife is pregnant and you live in a one-bedroom, you're going to figure out how to get into that two-bedroom. So the affordability portion is what affects that. But that's probably the biggest headline I've seen that I just shake my head at and say I don't even understand how they're coming up with this.
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Clayton Collins47:00
So the first big misunderstanding or miscommunication we talked about was the negotiability of commissions. Then we talked about some of the consumer confusion on pricing and that the lack of commissions or a change in how agents are compensated might result in lower home prices, which we disagree with. But most brokers and experienced real estate professionals understand those two dynamics. However, there still seems to be an air of chaos in our industry around the uncertainty of what this means for the model. What do you think brokers and experienced team leaders and agents are kind of feeling? Why the chaos? Why the fear when you and I can sit here and have a pretty confident conversation?
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Leo Pareja47:42
In my time in the industry, I feel like whenever there's a massive shift, it creates uncertainty. If we've been doing it this way for as long as we've all been in the space functionally, this is a pretty big shift. It's not like interest rates went up and we just have to figure out. Maybe I spent too much time on the mortgage side, but I'm like, oh, interest rates just shot up this is nothing. The rise from 3% to 8% was true chaos, and that is underplayed. That was the first time in American history where rates went up that fast and that quickly ever since we've had monetary policy. We survived that, and people still needed to buy and sell homes. Some agents couldn't thrive in it. The last year was a very hard year because we had a low watermark of 4 million transactions, which is 40% off years prior. In a way, I do not want to downplay the implication of this, and that's why I think you're referencing this palpable fear and chaos because it is meaningful change that none of us have operated under with at scale. So I think every agent and broker who has those feelings, they're real and they should not be dismissed. But in moments like this, I think you just need to make a decision: is this the profession I still want to participate in? Forget your opinions as to whether you agree or not. If these are the new rules of engagement, how do I articulate my value proposition to the consumer I serve and render my service?
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Clayton Collins49:38
So an agent commits, they're staying in the industry. What advice do you have for going back into the market with the right mindset and the right confidence level to inspire confidence and consistency with home buyers and sellers?
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Leo Pareja49:53
Great question. I would advise any agent to look at their digital footprint and how they are received and communicate to the market. As a listing agent, we do really well at demonstrating performance: 'This is the portfolio of homes I've sold in this neighborhood, in this ZIP code, in this category, and this is why I'm the person you should choose.' New construction, investor grade, first-time home buyer, neighborhood expert — you articulate that very clearly through a presentation and through direct marketing to get to those folks. We're now going to be in a world where you're going to be able to say, 'Hey, I helped X amount of buyers last year. In a competitive situation, we didn't have to make 17 offers because I have expert negotiation experience, and this is the proof, the social proof.' I would be going back to every buyer that you still have a relationship with and getting a testimonial to your expert skill on the buy side and why someone should select you. Once we're in the new world, let's just say buyers read this misinformation and they say, 'Okay, I'm going to go at it a little,' and they get outbid two, three, four, five times, and they then choose a professional, and you do a great job for them because statistics say that most buyers are actually very satisfied with their agent experience. We probably haven't been as focused on getting that testimonial. So again, regearing your toolkit to articulate your value proposition and make it consumer-facing.
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Clayton Collins51:43
That's excellent advice. The other counterpart in the industry are the mortgage professionals, the mortgage loan originators, who are hanging on every word of this lawsuit and settlement to the same degree as agents. There's a lot of talk in mortgage about how they should support their agent partners, how they can support the transaction, misunderstandings about how concessions might play into compensation. What would you want loan originators to understand about the settlement and how they can continue to support a housing ecosystem with easy financing and great outcomes for agents and consumers?
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Leo Pareja52:24
The number one question I received post-settlement in those initial 48 hours were from veterans. VA loans are very specific about what a consumer is allowed to pay for as a borrower. So two things: I expect to see the housing side, which is extremely nimble and already survived TRID and all the stuff that came post-financial crisis with Dodd-Frank, QM, and CFPB, I expect evolution to match the behavior. I don't actually know what that's going to look like tactically because it's 11 days in, but as an example, I could see FHA and VA coming up with language that's very specific to say, 'If the addendum says seller credit paid to you, that doesn't affect the amount of concessions the buyer is allowed to receive for legitimate buyer closing costs.' Because if we look at pre-3/15, the seller was allowed to pay the buyer commission on the representation on the other side of the HUD-1. So why wouldn't very specific language continue to allow that? There's lots of talk of maybe products that come out that allow the seller to finance or the buyer to finance the compensation they want to offer to their agent, and maybe that's an evolution that we see. But the LO-to-realtor relationship is a very powerful bond because you're both expertly guiding that purchaser to the closing table. So I think LOs need to stay as aware and educated. A lot of the messages I've gotten in the last 11 days are from LOs saying, 'How do we stay on top of this?' I've heard folks offering to attend that buyer consultation with their realtor partner to help edify and solidify that value proposition of working with professionals.
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Clayton Collins54:20
One of the concerns that we've heard come up a lot on the loan origination side is the world of buyer leads. If the way the agent is getting compensated on the buyer side is changing, are LOs still focusing on getting buyer leads? Does the order of operations change? Who talks to a potential home buyer first, the LO or an agent? That's been a confusion point and a point of a lot of conversation in the mortgage community.
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Leo Pareja54:47
I think it's going to continue to be through that purgatory, that messy middle. And again, post the new rules of engagement which are still to be set, I think that'll all work its way out. I saw a post on LinkedIn this morning of a gentleman who operates in the lead space and said in the last 24 hours he's received a call to cancel all of their buyer leads, and someone else who called and said, 'Get me all the buyer leads you can, because we're about to formalize our buyer representation; this is going to be better than ever.' So it's definitely a tale of multiple interpretations in this purgatory phase. I'm seeing folks that are very upset and telling me they're going to get out of the business, and then I've had other folks tell me that this is the biggest boon they've seen as an opportunity. I choose to withhold emotion from stuff like this. These are the new rules. My job is to deliver the tools and the platform for these entrepreneurs to move forward.
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Clayton Collins55:52
Leo, we've focused most of the conversation on talking about the settlement through the lens of agents, how it impacts business on a day-to-day perspective, but I want to talk about how it impacts you in your capacity as Chief Strategy Officer at eXp. You lead the largest real estate brokerage by sides per Real Trends verified, which is a timely conversation since we just announced that big 2023 number last week. How does this settlement change your priorities as an executive, and how do you think about what changes in the world of real estate brokerage to accommodate this new frontier?
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Leo Pareja56:31
Chief Strategy Officer can sometimes be confusing as a title to folks, so I've summed it up in a sentence: my job is to make being an eXp agent better than not being an eXp agent. That touches a whole lot of things, and again, we are a real estate company at our core—we don't get confused about that. So this is a very operational shift and education-based shift. Pre-3/15, I had a to-do list that was literally thrown out the window on Monday morning, and we said, 'How do we get all the tools and answers to our agents in their hands as fast as possible on an on-demand basis?' We have lots of brokers who are very available, and I think this is going to be a very intense and handholding experience where we have to put our arms around our people. I'm saying this to any leader in the space: you have to double and triple the amount of effort and availability and have to be that calming voice. I think there are going to be new opportunities and new business models that arrive, and as a broker, it is my job to then offer the tools and services for them to experiment and serve buyers. I, personally as a company, don't want to limit folks. As long as it's legal and ethical and follows within the rules of that state, we will allow it, and we will support it, and we will be there to share what's worked and what hasn't worked, to mastermind within our company with our top producers so best practices can be shared. In this moment of leadership, it's operational first, education right with it, and then if there's some new technology and efficiencies that can be gleaned, upgraded. Every morning I wake up and figure out how can we do more with less, how can we become better from a unit economic standpoint, how do we allow agents to build as big of a business as they choose to on our platform.
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Clayton Collins58:40
This will definitely be a market where you have the opportunity to demonstrate your value as a leader and a broker. As an information services and media company, times of change and times of uncertainty make that communication and guidance and information all the more valuable. So I'm excited to see how you continue to communicate to your agents and the broader housing community of agents and lending professionals. Leo, thank you for the time today.
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Leo Pareja59:04
Appreciate it. And any other leader out there, with or without our company—if there are any questions, I think this is the time to reach across companies and come together, because we're all in this together. This is not a one-company problem to navigate; this is a new reality we're all dealing with together.
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Clayton Collins59:24
Absolutely. So folks, I'm Clayton Collins, CEO at HousingWire. We're going to close out this conversation with the recognition that this settlement was announced two weeks ago. We're doing real-time news coverage, having real-time conversations like this to bring as much information and transparency to the industry in this time of uncertainty, or as we referenced in the podcast, this purgatory zone between now and July. If there are topics that you want us to go deeper into or have a voice that you want to be heard, please reach out. You can reach me on LinkedIn, Clayton Collins, or shoot me an email at
[email protected]. Thank you so much for listening.
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Leo Pareja1:00:01
Pleasure to join you in person today here in Colorado.
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Clayton Collins1:00:03
All right, thank you.