The NAR settlement, announced in March 2024, is about resolving litigation brought by home sellers concerning the practice of mandatory offers of listing broker compensation in Multiple Listing Services (MLSs). This settlement followed a significant jury verdict in the Sitzer/Burnett case, which led to over 30 copycat lawsuits nationwide. The settlement aims to address these legal challenges and establish new rules for real estate compensation practices. Key components of the settlement include financial payments to plaintiffs and changes to MLS practices, such as removing compensation offer fields and prohibiting the sharing of commissions through MLSs.
Why Did Spokane REALTORS Opt Into the Settlement?
Yes, by a vote of the Board of Directors Spokane REALTORS did opt in the NAR Settlement. All Wholly Owned REALTOR® MLS’s must have opted into the settlement to be eligible for coverage under the settlement.
What are the key terms of the NAR Settlement Agreement?
Release of liability:The agreement would release NAR, over one million NAR members, all state/territorial and local REALTOR® associations, all REALTOR® MLSs, and all brokerages with an NAR member as principal whose residential transaction volume in 2022 was $2 billion or below from liability for the types of claims brought in these cases on behalf of home sellers related to broker commissions.
Compensation offers moved off MLS: NAR has agreed to put in place a new rule prohibiting offers of compensation on an MLS. Offers of compensation could continue to be an option consumers can pursue off-MLS through negotiation and consultation with real estate professionals.
Written agreements for MLS Participants acting for buyers: While NAR has been advocating for the use of written agreements for years, in this settlement we have agreed to require MLS Participants working with buyers to enter into written agreements with their buyers before touring a home.
Settlement payment: NAR would pay $418 million over approximately four years. This is a substantial sum, and it will be incumbent on NAR to use our remaining resources in the most effective way possible to continue delivering on our core mission. NAR will not change membership dues for 2024 or 2025 because of this payment.
NAR continues to deny any wrongdoing: NAR has long maintained—and we continue to believe—that cooperative compensation and NAR’s current policies are good things that benefit buyers and sellers. They promote access to property ownership, particularly for lower- and middle-income buyers who can have a difficult-enough time saving for a down payment. With this settlement, NAR is confident it and its members can still achieve all those goals.
When will the Compensation field be removed from the MLS?
August 15, 2024
When will the forms be published on TransactionDesk?