Higher-density housing is happening in our state and quite possibly right in your own backyard. This is called middle housing. Middle housing is a term for buildings that are compatible in scale, form, and character with detached single-family houses. In 2023, House Bill 1110 was passed in a bipartisan 35-14 vote in the Senate and 79-18 vote in the House, and is likely to affect most homeowners and purchasers by the summer of 2025 when state law requires local municipalities to enact changes to their local codes. The state’s intention behind HB 1110 is to help provide more affordable housing options in the wake of the Washington State housing affordability crisis, which in turn, creates more density. It has been over a year since this was enacted and municipalities are starting to process and absorb these changes, and middle housing is coming to life.

Some items to consider are listed below:

• Cities with more than 75k people must allow 4 units per lot; they must allow 6 units if within a quarter mile of a (major) transit stop, among other rules.
• Cities between 25k-75k must allow 2 units per lot, among other rules.
• Cities with fewer than 25k have to allow 2 units per lot.
• Cities may not enact standards for middle housing that are more restrictive than for single-family housing.
• Cities may not require off-street parking as a condition of permitting.

Putting political opinions aside, I want to help bring understanding to this option for homeowners and potential homebuyers. The call for higher density has allowed for some properties to be condominium-ized (creating units) vs. subdivided lots in order to add Accessory Dwelling Units (ADU). This is a much simpler process that can be done on smaller-sized properties vs. the larger lot requirements of subdivision. These ADUs can either be attached (AADU) or detached (DADU) and it depends on the size of the property and the location. Here is an example of what one could look like in the City of Seattle.

The City of Seattle has building guidelines that align with creating this density more easily via smaller building setbacks and tax requirements. Other cities have more restrictive requirements, it is location-dependent on how this will play out. Additionally, if a neighborhood has Covenants, Conditions, and Restrictions (CC&Rs) that were recorded before HB 1110 went into effect that prohibit ADUs, then this development will not be allowed despite the legislative change. Assessing this development potential starts with researching CC&Rs (if applicable) and inquiring with the city and/or county planning department where the property is located.

If a property is eligible for this type of growth, getting the condominium approved is a rather quick task. The condo map and declaration need to be drafted and recorded to be official and can take anywhere from 6-10 weeks depending on the responsiveness and availability of a qualified surveyor. The map will address the number of units, where they are located, Common Elements, and Limited Common Elements. The total cost for creating and recording these documents hovers around $10,000 and requires the services of a surveyor and experienced attorney.

If a homeowner is not ready to execute these plans right away, that is OK. They can stop at the recording step and would be grandfathered in to execute these plans in the future even if the municipality changes its building requirements down the road.  Of course, many more details are involved, and hiring experts to help navigate the creation of these documents and development is key. Some homeowners are taking the step to create a condominium on their property to expand profitability when they go to sell, and some want to create multi-generational housing options for their families.

The point of this information is to elevate the awareness around these housing options and for homeowners to understand how to maximize the potential of their asset. It should also provide hope for some home buyers who think they are priced out of the market knowing that more of these housing opportunities are coming. If you are curious or have specific questions related to middle housing, please reach out. I have access to experts in the field who I can connect you with, so you can obtain accurate information. As always, it is my goal to help keep my clients well-informed and empower strong decisions.

As we approach the mid-point of the year, I want to take a moment to explain all that has happened in the 2024 real estate market and where we might be headed. We have had strong price growth since December 2023, and in May 2024 prices matched the peak we saw in spring 2022. The interest rate increase and inflation-induced correction that took place in the spring of 2022 has shown very strong signs of recovery and stabilization. The chart below shows the last 17 months of median prices in both King and Snohomish Counties and also tracks the ebb and flow of interest rates.

Despite interest rates fluctuating between 6.75-7.5% from January through May 2024, price growth has been on an upward trajectory. Most recently, rates have hovered close to 7%. Inventory started the year very low! In King County, there were only 1,324 new listings in January and 534 in Snohomish County. This trend continued throughout Q1 2024 and has started to increase in Q2. In May 2024 there were 3,245 new listings in King County and 1,272 in Snohomish County. That was a 145% increase in King County from January to May and 138% in Snohomish County. Markedly, there was a 27% jump in new listings from April 2024 to May 2024 in King County and 34% in Snohomish County.

Adequate selection for buyers was limited, which drove prices up over the past five months. Buyers are starting to see some relief! There is healthy net in-migration into the Greater Seattle area, a stable job market, and the Millennial generation is out in force making their first purchases and some even moving up from their first homes. Since December 2023, the median price in King and Snohomish Counties has increased by 21%. One must take seasonality into account which elevates that growth, but there has certainly been a recovery in home values in the correction. Sellers are sitting on tons of equity as it was measured in November 2023 that homeowners in King County had at least 60% home equity and 57.5% in Snohomish County. This figure does not take into account the price growth we have seen in 2024 thus far.

So, what does all of this mean going forward? We typically will reach our seasonal peak in prices in May or June. This phenomenon is a result of price growth decelerating due to inventory growth over the second half of the year. The rate of price growth will slow as more homes come to market; this is not price depreciation, but deceleration. Homeowners are standing on the shoulders of immense growth over the last 5 months and need to keep that and the long-term growth in perspective. If the rapid rate of price growth continued, it would not be sustainable and would create market volatility.  Moderation and price stability benefit the overall health of the real estate market and economy over prolonged extreme price increases.

As we head into the summer months, I anticipate more selection for buyers which will temper price growth. Sellers will enjoy the gains that have been made over the last 2 years and so far in 2024, not to mention the last 10 years. The recent increase in inventory has given buyers more opportunities to make a move. The constriction we started the year off with was restrictive for some buyers to enter the market and we see that changing. Buyers who were discouraged earlier this year may consider re-engaging so they can benefit from the increase in selection.

As far as interest rates, experts predict they will slowly recede and be dependent on inflation calming which has been stubborn. Affordability has been a dance of balancing home prices, rates, and monthly payments. Some buyers have been creative with rate buy-downs to manage the monthly expense, and some are purchasing based on today’s rates with the hope of re-financing in the future. A sound piece of advice for buyers is to buy based on payment, not on the peak of what you can qualify for. Your monthly output needs to be sustainable and somewhat comfortable to make sense.

Real estate is an investment and a key component to building wealth. While it might seem scary or risky to make a purchase, the long-term gains are favorable in comparison to other investment vehicles. Plus, you get to live in your home, love your home, and make memories in your home while it creates a nest egg. Life changes create reasons to move. Assessing where you want to be and how it matches your lifestyle is where the decision-making starts. If you have experienced some life changes and are curious about how the market relates to your housing goals, please reach out. It is my goal to help keep my clients informed and empower strong decisions.

As promised, here is the latest update regarding the $418 Million NAR Lawsuit Settlement and how it will affect real estate operations in WA State. As the deadline to opt in to the NAR Lawsuit Settlement approaches, the Northwest Multiple Listing Service (NWMLS) announced last week that they have voted to NOT opt-in to the settlement.

The NWMLS is a member-owned organization that serves over 35,000 brokers in WA State where 26 of the 39 counties in WA, including Snohomish, King, Skagit, Kitsap, Whatcom, and Pierce counties share their listings. Unlike many MLSs across the country, the NWMLS is not owned by the National Association of Realtors (NAR), giving them a choice to opt in to the lawsuit settlement which would require payment and adhering to specific business practices. With transparency a proven cornerstone of their mission, the NWMLS felt secure and confident in the structure and processes they have in place. Their intent has always been to elevate consumer protection and provide an open and fair marketplace, which led to the decision to not opt in to the settlement agreement.

Besides payment, there are 4 major mandates resulting from the settlement agreement that NAR-owned MLSs and non-NAR MLSs that opt in will be required to adapt to in August 2024.

1. The requirement to provide Buyer Brokerage Compensation (BBC) in all listings will be removed.
2. Brokers will be required to enter into a written Buyer Agency Agreement (BAA) with Buyers which clearly outlines compensation before rendering Buyer Brokerage Services.
3. Listing Agreements will de-couple the listing brokerage compensation from the buyer brokerage compensation, outlining clear and separate offerings of compensation for each side of a transaction.
4. MLSs will be prohibited from publishing offers of buyer brokerage compensation.

The majority of the requirements mandated by the settlement had already been established by the NWMLS. In 2019, the NWMLS removed the BBC requirement and started to syndicate the published BBCs to third-party sites, such as Zillow, for full consumer transparency. In 2022, the listing agreement was amended to reflect de-coupled compensation and the BBC was added to the front page of the Purchase and Sale Agreement (PSA). In Jan 2024, WA State law was put into place requiring all brokers to enter into BAAs, which are called Buyer Brokerage Service Agreements (BBSAs) in WA. This legislative change was enacted with support from the NWMLS who advocated for the new laws and they re-built their forms to support this elevated level of transparency.

The NWMLS was able to choose to opt in, which would require payment towards the settlement and adhering to the fourth process change of removing published BBC from listings on the database. Due to the NWMLS’s historical innovation and leadership surrounding representation, compensation, and transparency, which has been an example for the rest of the country, they voted to not opt-in. In fact, they concluded that not publishing an offered BBC, whether the offering is zero, a flat rate, or a percentage, would reduce consumer transparency.

Further, not publishing what a seller is offering or not offering, could lead to deceptive practices that could harm consumers. The NWMLS shared this in their press release announcing their decision.

“NWMLS will not “opt-in” to NAR’s proposed settlement agreement. NWMLS’s rules and forms, together with the revised Agency Law, provide for consumer-friendly brokerage relationships. Sellers negotiate how much to compensate the listing firm and decide whether to offer to contribute toward the buyer’s broker compensation and the amount of any such offer. Buyers agree how much to pay their own brokers at the outset of their relationship, and can then negotiate for the seller to help cover that cost as part of the purchase. 

NAR’s proposed settlement agreement largely duplicates the rules and practices in place in NWMLS’s service area for several years – with one notable exception. The settlement agreement eliminates compensation transparency for buyers and restrains sellers’ choice by prohibiting sellers from making offers of compensation through the MLS. Instead, the settlement agreement allows for offers of compensation “off MLS”, where that information is hard to find and not available to all buyers and brokers. That change is a step in the wrong direction and is detrimental to consumers and brokers alike.

NWMLS strives to provide consumers with all relevant information about a listed property to promote efficiency, competition, and an open and free market. NWMLS’s rules and forms broaden, not limit, consumer choice and do not favor any brokerage service model or compensation structure. NWMLS allows the market to operate unimpeded by MLS rules.

NAR’s removal of compensation transparency from the MLS pushes consumers and brokers to make secret deals “off-MLS”, inviting deceptive practices, discrimination, and unfair housing. Depriving buyers of information about the transaction risks harming buyers, especially those buyers who are already disadvantaged, including first-time home buyers and members of protected classes. Of course, prohibiting offers of compensation in the MLS also unnecessarily restrains the seller’s choice and absolute right to offer compensation to a brokerage firm representing the buyer.”

As I move forward in my business practices and adhere to the NWMLS leadership, I am proud to be a broker in WA State. Our corner of the world has put great thought, effort, and execution towards elevating the consumer experience in a real estate transaction. We have navigated changes, tackled open communication head-on, and strive to bring value to the consumer at every turn. This lawsuit has created a lot of noise and confusion; it is important to understand how WA stands out from the rest of the nation.

As headlines soar and the media bends the narrative, you can count on me to help keep you informed so you can accurately grasp how the progression of the industry affects you. I am happy to report that how we are conducting business here will be in line with the innovation that the NWMLS already has in place. We will watch the rest of the country catch up and proudly lead that charge. Stepping out in front seemed bold at first, and has proven to be the right course of action. Due to the insightful, considerate, and thoughtful guidance of the NWMLS, we will continue to prioritize full transparency and be able to focus on providing the best service possible for our clients.

If you have any additional questions or want to discuss this topic, please reach out. It is always my goal to help keep my clients well-informed and empower strong decisions. Here’s to moving forward with excellent practices in place to help consumers safely and securely buy and sell property.