After the verdict of the Sitzer/Burnett lawsuit was announced, agents started asking, “Now what am I going to do?” 

I’m going to warn you. Everything in this 11-point plan sounds like a lot. That’s because it is. But those who are willing to put in the work and serve the consumer will be the ones who last in the industry. 

This plan is all about getting back into your business and thinking about how you can serve your clients at the highest level possible. You do that hour by hour, call by call, email by email, appointment by appointment, step by step. Do it three times harder this winter than last winter, because that’s what it will take to succeed. Put your head down and be a professional. 


The first seven items on this list are all about committing to the work.

I used to be hard-core about agents being full-time and full-time only. During the pandemic when an influx of new agents came into the industry, I was swayed into this belief by many that there are valuable part-time agents in the industry. I basically flip-flopped on my decade-long position around full-time agents being the only answer to best serve the consumer. This was a mistake. 

I still believe a full-time agent can carry a part-time job while getting into the industry. I have always believed that—and there are times when it needs to happen. But it means you are now in the Elon Musk category of working hours, 80+ until you can give up the part-time gig. If you can’t commit to full-time status, there isn’t room for you. Sorry NAR, I know you love collecting dues from part-timers.

 Let’s take a look at seven things agents need to commit to moving forward:

1. Decision

First, you need to decide. Are you ALL-IN on being a full-time professional OR all-out?

2. Standards

Time to truly operationalize your business. The business moving forward is tipping less toward the art of the practice and more toward solid operations. What systems and operations are you currently accountable to? And what do you need to implement?

3. Presence

Every day is a new job interview. Your appearance in public and in the community should reflect that. In addition, consultations will be more important than ever. You should have access to the most professional meeting space in person and virtually. No more Zooms from poorly lit bedrooms. 

4. Deep Knowledge

Both local and macro. It’s not enough to know where to find information. You must understand it deeply. This comes in part from the data you consume, but real information comes from constant experience. How many homes are you getting into every week?

5. Service

NOTHING is about YOU. Time to serve the consumers.

6. Emotions

Your personal feelings on “how hard it is” bring zero value to consumers. Be the professional by keeping your emotions in check. 

7. Cell Phone

Get married to it. You must be closest to the consumer—which means you are going to have to talk to people constantly. Get used to being on your phone at all times. The exception is when you are in person with a client or prospect. During those times, be where your feet are.

Ari Gold


The next items on this plan are all about value. Not just the value you provide but the way you articulate that value to consumers.

The jury of the Sitzer/Burnett trial took just 2 hours and 28 minutes to come to a verdict. It’s clear that their minds were made up before they ever stepped foot in the deliberation room. A lot of that has to do with a lack of understanding—of the real estate transaction and the roles agents play throughout the process.

Michael Ketchmark, head attorney for the plaintiffs, stated, “It’s time that the free market and the internet is allowed to do its work and to bring the savings to homeowners that they’re so entitled to when they sell their homes.” According to him, agents bring such little value that the internet can do the job just as well. 

Here is what we need to do to bring and showcase the value of agents:

8. Options

Be the expert on ALL the options available to consumers—the ones you offer and the ones you don’t. Have options for different commissions for your listings, with complete transparency for what you offer the buyer’s agent under each option. Build up your contact list with trusted vendors and industry professionals who provide different resources for consumers. 

9. Buyer Agency Consults

The buyer consultation pretty much went away in 2020-2022. In today’s market, you need one. A highly practiced professional one that articulates your value.

10. Brand

Your personal brand is undeniable in your ability to self-generate.


Finally, the last item on the plan is all about who you are spending your time with as a professional. When it comes to choosing a brokerage or team, it’s no longer about who provides the highest split.

11. Brokerage/Teams

Splits overall will go down in the future. Split chasing is over. Agent choice should be solely focused on the option that has the best-in-class local brand and can articulate the clearest path to attracting more clients. 

Last week, I dove deep into this plan during a mastermind with the BAMx community. For a replay of the full conversation, where I break down every point on the list in detail, join BAMx

For a free downloadable PDF of the 11-point plan, click here