Real estate is all about trust. Buyers trust their agents. Sellers trust their brokers. And everyone hopes the person on the other side of the transaction is actually who they say they are.

Unfortunately, in 2026, that last part is getting trickier.

Scammers are becoming more convincing, vacant properties are attractive targets, and even a simple listing can turn into a headache if you don’t know what—or who—you’re dealing with.

Here’s how real estate professionals can stay one step ahead.

The Seller Might Not Be the Seller

One of the biggest red flags today is a fake property owner.

A scammer may contact an agent claiming to own a home, vacant lot, or investment property. They may know the property’s history, value, and even details about the neighborhood.

That doesn’t mean they own it.

Today’s fraudsters can gather plenty of information online and use it to create a very believable story. That’s why “they seem legit” isn’t enough anymore.

Before taking a listing, make sure ownership and identity can be independently verified. If the seller refuses reasonable verification or insists everything needs to happen immediately, slow things down.

Urgency is often the scammer’s best friend.

Squatters: When “Vacant” Doesn’t Mean Empty

A vacant property can look like an easy opportunity—not just to a buyer, but to someone looking for a place to occupy.

Squatting situations can become complicated quickly, and the rules vary depending on where the property is located and the circumstances involved.

If someone is occupying a property without permission, don’t play amateur eviction manager.

Instead, document what you know, notify the owner, involve your broker, and recommend appropriate legal assistance. Depending on the situation, local authorities or an attorney may need to get involved.

And whatever you do, don’t assume you can simply change the locks or remove someone’s belongings.

A bad situation can get worse very quickly when you skip the proper process.

Don’t Forget About Trespassers

Vacant homes, second properties, inherited houses and empty lots can all attract unwanted visitors.

The good news? Prevention can be surprisingly simple.

Encourage property owners to:

• Keep landscaping maintained.
• Use exterior lighting.
• Secure doors and windows.
• Check vacant properties regularly.
• Consider appropriate cameras or security systems.
• Make sure mail and deliveries don’t pile up.

Basically, don’t let the property scream, “Nobody’s watching!”

And Then There’s Wire Fraud

Just when you think you’ve made it through the transaction, there’s another favorite: wire fraud.

A criminal may impersonate an agent, title company, attorney or another trusted professional and send updated wiring instructions.

The email might look perfect.

The name might be right.

The timing might make sense.

Verify anyway.

Never rely solely on an email or text when money is involved. Confirm wiring instructions using a trusted phone number or another independent method.

Your Best Tool? A Good Process

The biggest lesson for 2026 is that fraud prevention shouldn’t rely on gut instinct.

Create a simple system.

Verify the person. Verify the property. Verify the money. And when something feels off, pause.

That extra five minutes could save your client—and your brokerage—a massive headache.

Real estate professionals don’t need to become detectives. But they do need to be comfortable asking questions, documenting what they find, and escalating concerns when necessary.

Because in 2026, the smartest real estate professional isn’t the one who closes the fastest.

It’s the one who knows when to stop and verify.

Source: REALTOR® Magazine
“How to Handle Scammers, Squatters and Trespassers”
National Association of REALTORS®

Let’s face it—real estate agents wear a lot of hats. We’re part marketer, negotiator, problem-solver, therapist, and sometimes even part-time detective. But there’s one hat we should leave hanging on the wall: attorney.

As we head into 2027, transactions continue to get more complicated, and clients will naturally have questions. “What does this clause mean?” “Can we change this part of the contract?” “What should I do here?”

It can be tempting to jump in with an answer, especially when we want to be the agent who always has a solution. But sometimes the smartest answer is, “That’s a great question for your attorney.”

Knowing Your Lane Is a Superpower

The rules around the unauthorized practice of law vary from state to state, but the basic idea is pretty simple: REALTORS® can provide real estate expertise without stepping into the role of legal counsel.

That means completing approved forms with factual information may be part of the job, while drafting legal language, substantially changing contracts, or interpreting legal rights and obligations can cross the line.

And honestly? Knowing when to stop is a sign of professionalism—not a lack of knowledge.

When “I’m Not Sure” Is the Right Answer

Imagine a client asks you how they should change a contract to protect themselves. Instead of trying to solve the legal puzzle yourself, it’s perfectly okay to say:

“I want to make sure you get the right advice. Let’s have an attorney take a look at that.”

You’re still helping. You’re protecting your client. And you’re protecting yourself.

Article 13 of the REALTOR® Code of Ethics also reminds REALTORS® to recommend legal counsel when a party’s interests require it.

Looking Ahead to 2027

The real estate business will continue to change, but one thing shouldn’t: our commitment to doing the job the right way.

As we head into 2027, let’s focus on being experts in real estate, building strong relationships with trusted professionals, and knowing when to bring an attorney into the conversation.

Because being a great REALTOR® isn’t about having every answer.

Sometimes, it’s about knowing who has the right one.

Source: REALTOR® Magazine
“What Constitutes the ‘Unauthorized Practice of Law’?”
National Association of REALTORS®

Real estate has changed—and if you’ve heard the phrase “compensation is negotiable” about 47 times lately, there’s a reason!

Here’s the quick version of what you need to know in 2026.

🚫 Compensation Is No Longer on the MLS

Since August 2024, REALTORS® and MLS Participants cannot use the MLS to communicate an offer of compensation to a buyer’s agent. And yep, that rule is still in place for 2026.

But—and this is important—offers of compensation haven’t disappeared.

A seller can still choose to offer compensation to a buyer’s broker. It just has to be communicated outside the MLS, such as through direct communication, emails, flyers, signs, websites or other marketing.

So, think of it as:

MLS? Nope.
Negotiation? Absolutely.

💰 Who Pays the Buyer’s Agent?

There’s no one-size-fits-all answer.

Broker compensation is not set by law and is fully negotiable. Buyers and their agents agree on compensation in their written buyer agreement, and that agreement must spell out the amount or how compensation will be determined.

A buyer’s compensation could potentially come from the buyer, a seller, a portion of the listing broker’s compensation, or another negotiated arrangement.

The key word? Negotiated.

🏡 What Does This Mean for Sellers?

Sellers now have more decisions to make—and more conversations to have.

A seller can work with their REALTOR® to decide whether offering compensation to a buyer’s broker makes sense for their particular property and situation.

If the seller does choose to offer compensation, the listing broker must get the seller’s authorization in writing and disclose the amount or rate before making that offer.

🔑 What Does This Mean for Buyers?

Buyers should know exactly what they’re agreeing to before touring homes.

Your buyer agreement should explain how your REALTOR® will be compensated and what, if anything, you may be responsible for paying.

And don’t be shy about asking questions! Understanding the numbers upfront can prevent some very unpleasant surprises later.

The Bottom Line

The rules around real estate compensation may look different in 2026, but one thing hasn’t changed:

Communication is everything.

Compensation is negotiable. Sellers have options. Buyers have options. And the best way to navigate it all is to have an honest conversation with your REALTOR® before you start writing offers.

Because when it comes to buying or selling a home, “I thought someone else was paying that” is not a strategy. 😉

Source: REALTOR® Magazine
“Communicating Offers of Compensation”
National Association of REALTORS®

Let’s be honest—losing a listing to another REALTOR® doesn’t feel great.

You prepared. You put together your market analysis. You explained your marketing plan. Maybe you even spent hours getting everything ready for the appointment.

Then you find out the seller chose someone else.

Ouch.

Your first thought might be:

“Wait… why didn’t they pick me?”

And while it’s completely normal to be curious, there’s one thing you probably shouldn’t do: pick up the phone and ask the seller why they chose another agent.

Take a Step Back

Once a seller has entered into an exclusive agreement with another REALTOR®, contacting them directly to question that decision can create an ethical issue.

Article 16 of the NAR Code of Ethics is designed to protect existing client relationships and prevent REALTORS® from interfering with another REALTOR®’s exclusive representation. Standard of Practice 16-13 provides additional guidance on these situations.

In other words, even if your intentions are innocent, that “quick feedback call” can cross a line.

And let’s face it—there’s also a good chance that a conversation that starts with “I’d love some feedback” turns into “Here’s why I would have been a better choice.”

That’s when things can get messy.

So How Do You Get Better?

You don’t necessarily need to ask the seller.

Instead, ask yourself:

• Did I clearly explain my value?
• Was my pricing strategy easy to understand?
• Did I explain what made my marketing different?
• Did I listen to what the seller actually wanted?
• Was my follow-up strong enough?
• What would I change before my next listing appointment?

Sometimes the answer isn’t that you did anything wrong.

Maybe the other REALTOR® was a friend of the family. Maybe they received a referral. Maybe the seller simply connected with them better.

Not every lost listing is a failure.

Take the High Road

Thank the seller for considering you. Wish them well. Then move on.

Keep building relationships. Keep improving your listing presentation. Keep showing potential clients why you’re the REALTOR® they should want in their corner.

And if that former client reaches out to you later? That’s a different conversation—but make sure you understand whether they’re still under an exclusive agreement before providing services or discussing the transaction.

Real estate is a relationship business. Sometimes protecting the relationship means knowing when not to make the call.

The Bottom Line

You don’t have to win every listing.

You just have to keep getting better.

So instead of asking:

“Why didn’t they choose me?”

Try asking:

“What can I do even better next time?”

That question can turn a disappointing “no” into one of the best business lessons you get all year.

Source: REALTOR® Magazine
“Rejected for Another Broker? Don’t Call to Ask Why”
National Association of REALTORS®

The way real estate professionals discuss services and compensation has changed significantly since the industry’s practice changes took effect in August 2024. By 2026, written buyer agreements and more transparent conversations about compensation are an established part of many real estate transactions.

With greater flexibility comes greater responsibility. REALTORS® and their brokerages need clear, consistent practices for explaining services, discussing compensation, and negotiating agreements with consumers. Consistency is not simply a good business practice—it can also help reduce the risk of unequal treatment and fair housing concerns.

Give Every Consumer a Consistent Starting Point

Compensation between a consumer and real estate professional is negotiable and is not set by law. Written buyer agreements are intended to clearly establish the services being provided and the compensation agreed upon by the parties. Compensation must be stated in an objectively ascertainable way rather than left open-ended.

That flexibility makes it especially important for real estate professionals to have a process for presenting their services.

For example, if your brokerage offers different service packages, pricing structures, or representation options, establish a consistent way to explain those choices to consumers. Buyers should understand the available options and be given an opportunity to select the arrangement that best fits their needs, subject to applicable state law and brokerage policy.

The goal is not to make every transaction identical. Every consumer has different circumstances, and legitimate differences in services or pricing may be appropriate. The key is having a legitimate, documented reason for those differences—and applying your policies consistently.

Make Compensation Conversations Clear

A compensation discussion should be straightforward, professional, and easy for a consumer to understand.

Before entering into a written buyer agreement, explain:

• What services you will provide.
• What the consumer will pay, if anything.
• How your compensation is calculated.
• Whether compensation may come from another source.
• What happens if the seller or another party offers compensation.
• What services are included or excluded from the relationship.
• How the agreement can be changed or terminated under its terms and applicable law.

A buyer agreement should reflect the actual agreement reached between the consumer and the real estate professional. NAR guidance states that compensation must be clearly defined and that a buyer broker may not receive compensation from any source exceeding the amount or rate agreed to with the buyer.

Consumers should not have to guess what they are agreeing to—or discover important financial terms later in the transaction.

Remember: Offers of Compensation Still Exist, but the MLS Is Different

The removal of offers of compensation from MLSs did not eliminate the ability of sellers to offer compensation to a buyer’s broker.

A seller may choose to offer compensation, with the seller’s written authorization, and those offers may be communicated through permitted channels outside the MLS. A buyer may also request that the seller provide compensation to the buyer’s broker as part of an offer, subject to the applicable agreement and law.

This distinction is important.

Real estate professionals should avoid suggesting that sellers are required to offer buyer-broker compensation—or that buyers are required to accept a particular compensation arrangement. Instead, explain the available options and let the parties make informed decisions.

Consistency Helps Protect Fair Housing

Fair housing obligations apply throughout the transaction, including conversations about services, pricing, and compensation.

A consumer’s race, color, religion, sex, disability, familial status, national origin, or another protected characteristic should never influence whether an agent offers a particular service, price, concession, or level of attention.

The risk is not limited to intentional discrimination. Unconscious assumptions can affect how professionals communicate, negotiate, or make exceptions for different consumers.

For that reason, brokerages should consider establishing written guidelines for:

• Presenting service and representation options.
• Explaining buyer agreements.
• Discussing compensation.
• Handling requests for discounts or alternative pricing.
• Offering different levels of service.
• Documenting negotiated changes.
• Responding when a consumer requests treatment that could raise fair housing concerns.

Having a policy is only the first step. The policy needs to be followed.

Document the Business Reason for Differences

Not every consumer will receive identical terms. A buyer may negotiate a different fee because of the services requested, transaction complexity, timing, or another legitimate business consideration.

What matters is that the reason for the difference is legitimate, documented, and unrelated to a protected characteristic.

Good records can help demonstrate that pricing and service decisions were based on business considerations rather than personal characteristics or stereotypes.

Documentation should accurately reflect what was discussed, what was offered, what the consumer selected, and why material changes were made. Any amendments to an agreement should have a legitimate basis and should be made with the consumer’s informed consent. NAR specifically cautions against using agreements or amendments simply to work around compensation requirements.

Sellers Have Fair Housing Responsibilities, Too

Fair housing considerations do not stop with buyer representation.

Sellers have obligations under fair housing laws, and real estate professionals should not participate in discriminatory instructions or practices. If a seller attempts to make a decision about a buyer, buyer’s agent, services, or compensation based on a protected characteristic, the agent should address the issue promptly and involve the broker as appropriate.

The safest approach is to educate the client about the applicable requirements, document the conversation, and seek broker or legal guidance when necessary.

A real estate professional should never allow a discriminatory client instruction to become a discriminatory business practice.

Build the Process Before the Negotiation

Compensation negotiations are easier to handle when a brokerage has already established a framework for them.

Consider reviewing your current procedures and asking:

Do we present the same basic service options to similarly situated consumers?

Can our agents clearly explain how compensation works?

Are our written buyer agreements consistent with current brokerage, MLS, state, and federal requirements?

Do we document legitimate reasons for differences in pricing or services?

Do our agents understand that compensation offered outside the MLS is different from an MLS offer of compensation?

Do we have a process for handling potential fair housing concerns?

Are our policies being applied consistently across the team?

These questions can turn a potentially uncomfortable compensation conversation into a routine part of the client relationship.

Consistency Builds Trust

The modern real estate transaction gives consumers more opportunity to discuss and negotiate the services they receive and how those services are compensated. That flexibility can benefit both consumers and professionals—but it also requires discipline.

A strong practice is not necessarily one in which every consumer receives exactly the same terms. It is one in which consumers receive clear information, meaningful choices, and fair treatment, while the professional applies legitimate business policies consistently.

For REALTORS®, that means approaching every compensation conversation with transparency, professionalism, fair housing principles, and careful documentation.

When the process is consistent, consumers are better positioned to make informed decisions—and real estate professionals are better positioned to demonstrate that those decisions were made fairly and ethically.

Source: REALTOR® Magazine
“Consistency Is Crucial When Negotiating With Consumers”
National Association of REALTORS®

Transparency is one of the foundations of a trustworthy real estate transaction. When a REALTOR® has a personal or financial connection to a property, buyers, sellers, landlords, and other parties deserve to know about that interest before they commit to an agreement.

Under Article 4 of the REALTOR® Code of Ethics, REALTORS® must disclose in writing when they have an ownership interest in property being offered for sale or lease, or when they have a contemplated interest in purchasing or leasing property. The disclosure must be made before a party signs an agreement.

What Counts as an Interest?

The requirement can apply in situations that extend beyond a REALTOR® personally buying or selling a property. It may include transactions involving:

• The REALTOR® personally
• An immediate family member
• The REALTOR®’s firm, broker, or agent
• An entity in which the REALTOR® or an immediate family member has a legal ownership interest

For example, if a REALTOR® is representing a buyer while also having an ownership stake in the property being purchased, that relationship should not remain hidden. The same principle applies when a REALTOR® is selling a property in which they have an ownership interest.

Disclosure Should Be Clear and Timely

The goal is not to overwhelm consumers with unnecessary information. The ethical obligation is to make the existence of the interest known clearly and in writing.

Importantly, the Code does not generally require a REALTOR® to disclose the identity of a client or customer or explain the precise nature of the interest. What matters is that the affected parties understand that an interest exists.

Written disclosure also creates a clear record that the information was provided before the transaction moved forward. That can help reduce misunderstandings and reinforce confidence among everyone involved.

Why This Matters in 2026

Real estate transactions increasingly involve investors, LLCs, family partnerships, investment groups, and other ownership structures. That makes transparency especially important when a real estate professional may have a personal stake in the outcome.

The updated Article 4 language and related Standards of Practice emphasize disclosure of both current ownership interests and contemplated interests in property for sale or lease.

The takeaway is straightforward: If you have a personal or ownership interest in a real estate transaction, disclose it before the parties sign an agreement.

Doing so is more than an ethical requirement. It promotes informed decision-making, protects the integrity of the transaction, and helps maintain the trust that clients and consumers place in real estate professionals.

Source: REALTOR® Magazine
“Disclose Your Ownership Interest”
National Association of REALTORS®