@Ben M.
I don't think the article explained the lawsuit comprehensively.
I agree with @Nathan Gesner on this. To top it off, if I were to play this out in my mind, the biggest loser will be the buyer, especially new ones who do not have experience in real estate transactions.
The selling agent is forbidden from listing their commission/compensation for the buyer agent. That alone will change the relationship/structure/agreements between buyers and their representative. But more importantly, the buyer will loose fiduciary benefits as well as have to shell out more money in a transaction. To top it all off, it will begin to erode reliance on MLS and can begin to take us back to the old days of real estate, prior to the Internet.
I do not foresee this directly/drastically affecting the prices of homes. It will likely continue in its natural trend without the ruling. I do foresee more first-time/newer buyers getting the short end of the stick. That saturates many new investors and BP members.
For those that may not remember or were in any real estate transactions prior to the Internet, let me tell you, it was way different. In the 90s, and into the very early 2000s, you would go to an office and hope that they got some leads. There would often be a large book, a handwritten ledger of what is for sale. Basically, information received by their agents via a landline phone or fax, from a sister office or friend. Agents can withhold listings and the seller would never know. Worse yet, the feeling you get when you locked in a deal, only to see a better deal written on the ledger an hour later by an agent that had been holding it back in order for you to lock in your deal because it was difficult to get that one off their books.
That was how it was. I was just a kid, but I remember it well. My first exposure was in the 90s when I was in highschool. Then, when I got out of the Army, it was still the same in 1999, 2000, and into 2001. It was archaic compared to now. It was not that long ago. The MLS changed it as more agents and brokers were forced to adopt it. It gave power to the buyer.
I believe there are many new investors on BP that will not get the benefits of how we transacted and invested these past years. They will not get the professional representation and will likely waste more time and lose out on more opportunities.
I hope I'm wrong about that, but it's how I see this play out with less incentive for buyer agents and more upfront costs to the buyer. Seller will want their net money from the sale. Inventory remains low. Demand will continue as Millennials grow their families and make more money because inflation caused them to make a higher dollar amount to buy less. That article was likely written by a non investor or person who probably never bought more than one or two homes, if any.