Fees for buyers side has never been set in stone. It has been the case for many years, even before the lawsuit. Its market driven. It will be very interesting to see how this plays out for first time home buyers that don't have money to pay a commission to buyers agents.
@Albert Hepp I see that you have been offering flat fees for years and that is your business model to undercut market rates. Nothing wrong with that as I am sure that you increased your volume. Awesome strategy!
When folks start to argue one way or the other with it, there seems to be an assumption that the buyers agent does very little before or during the transaction. The best buyers agents provide insight to the market, negotiate to get a better deal, provides clarity to the transaction, steadies the nerves of buyers (first time home buyers for example), identifies problems with the property, introduces a whole cast of players to get the deal done etc. Oh and I forgot to mention that they are a ton cheaper than an attorney.
Some people that my broker knows spent money on an attorney to draw up a contract who meant well but caused more harm than good. It was a several million dollar commercial deal that was going sideways before we got involved and steadied the ship. I could go on and on but some folks have their minds made up until they find a superb agent who takes their craft seriously.