NAR Lawsuit Updates:
In the beginning of this year the Real estate community was shaken by the NAR Lawsuit.
The lawsuits claim that NAR (National Association of Realtors) rules violate antitrust laws and inflate the fees paid to buyer’s agents by requiring a listing agent to compensate a buyer’s agent for listing a property on the MLS. NAR argues that the lawsuits misrepresent association rules as anticompetitive. The rules direct listing brokers to determine, in consultation with their clients, the amount of compensation offered to a buyer’s agent in connection with their MLS listings. Further, NAR says buyer’s agents are free to negotiate compensation with the listing broker that is different from what appears in the MLS. Neither NAR nor the MLS has any say in setting broker commissions.
By now we know that NAR settled the lawsuit. NAR Interim CEO Nykia Wright said in a statement. “Ultimately, continuing to litigate would have hurt members and their small businesses,”. While there could be no perfect outcome, this agreement is the best outcome we could achieve in the circumstances. It provides a path forward for our industry, which makes up nearly one-fifth of the American economy, and NAR. For over a century, NAR has protected and advanced the right to real property ownership in this country, and we remain focused on delivering on that core mission.”
Reactions to this lawsuit ranged from the catastrophic predictions that real estate business will suffer major damage and that this will forever change commission structure. Others were more optimistic and believe that this will have a positive impact and that an agent’s skill will be more important than ever.
My own sentiment is somewhere in the middle. I would like to cite Barbara Corcoran, one of the most prominent real estate experts: “Change is nothing new to the real estate industry. What I know for sure is that real estate brokerages and their agents are some of the most resilient people in the world,” she said. “They’re creative and tough, and this opens the door for agents to use that resilience and creativity to come up with new and better ways to service their home sellers and customers.”
As the legal proceedings unfold, real estate agents must be prepared to adapt to potential changes in the industry landscape. This may involve revisiting business strategies, exploring alternative commission models, or enhancing transparency and communication practices. Embracing mentorship, technology and innovation will be paramount for all professionals, especially to those that are new to the industry.
This lawsuit has the potential to reshape the relationship between agents and their clients. Transparency and disclosure have always been crucial in real estate transactions, but heightened scrutiny from this legal battle may necessitate even greater levels of transparency. Agents may need to be more proactive in educating clients about
commission structures and potential conflicts of interest to ensure trust and compliance with evolving regulations.
Having all this in mind I want to invite you to follow our blog for new updates and practical advises. Scout Realty mentorship program is designed to help real estate agents to stay on top of all changes in the industry. Let us educate you about this lawsuit and its effects and help you to stay focused on your own success.