Unraveling the NAR Settlement: Insights for Clients and Colleagues

The recent news surrounding the National Association of REALTORS® (NAR) settlement agreement has certainly stirred up a lot of chatter within our real estate circles and among the public. With so much misinformation floating around, it's important set the record straight and shed some light on what this settlement really means for our industry, clients, and colleagues.

First, let's clear up one of the biggest misconceptions making headlines: NAR has never been in the business of dictating, or even suggesting commission rates. Contrary to what many reports suggest, commissions have always been up for negotiation between brokers and their clients. This settlement doesn't change that fundamental aspect of how real estate transactions work.

It's worth noting the irony of the situation when it comes to the attorneys who spearheaded the litigation against NAR. While they accused NAR of price-fixing, their own professional association has specific fee recommendations prominently displayed on their website. This glaring double standard highlights the importance of scrutinizing accusations and ensuring consistency in standards across all industries.

Now, about the settlement itself—it's currently awaiting judicial approval and involves a sizable payout by NAR over four years, as well as several policy changes. NAR's goal in settling was to put an end to the litigation surrounding broker commissions and pave a smoother path forward for the industry. While it does seem that there would have been a strong case for an appeal, the settlement puts an end to the class action suits brought on by opportunistic attorneys, and will allow the industry to focus on what really matters—serving our clients.

One key takeaway from the settlement is the preservation of consumer choice. Cooperative compensation—a system where sellers' brokers offer a slice of their fee to the buyers' broker who brings in an accepted offer—remains intact. However under the proposed changes, these offers of compensation would now have to be communicated off the MLS.

Here in Greater Boston, our local MLS, MLSPIN, isn't under the ownership of NAR. So, it remains to be seen how MLSPIN will respond to the new regulations outlined in the settlement but assuming they adopt the changes, it will add a bit of complexity and unfortunately less transparency for buyers and their agents. As a brokerage we'll remain committed to ensuring clear and consistent communication for all of our clients throughout the process.

The other policy change is that buyers' agents will be required to have a signed buyer agency agreement in place with a client before showing a property. This is one positive resulting from the proposed settlement, as these agreements will ensure that all buyers working with a Realtor will have clarity on what to expect from their agent and how that agent will be compensated.

It's important to note that not all brokerages and agents work as Realtors, and would therefore not be bound by any of the proposed changes. NAR is a professional organization and the new regulations would apply to their own rules for members, which are distinct from state licensing laws. This adds another layer of confusion for the general public, as policies won't be consistent across the industry. Our role as brokers and agents will be to help clients understand their options and which regulations we're required to follow.

With the exception of the requirement of buyer agency agreements, a large part of the proposed changes actually takes us back to old ways of doing business that were in place before current consumer protection policies came into play. Change is nothing new in this industry, and as a local, independent brokerage, we're dedicated to supporting our clients and colleagues through the changes. We'll always be here to provide reliable guidance and assistance as we navigate this evolving landscape together.

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