The Lawsuit Over Real Estate Agent Commissions (NAR Settlement)

nar settlement real estate agent commissions
real estate agent commissions

In the realm of real estate transactions, the role of a real estate agent is pivotal. They facilitate deals, negotiate prices, pre-screen buyers, and guide buyers and sellers through the intricate maze of property transactions. However, a recent lawsuit has cast a spotlight on a fundamental aspect of real estate transactions: the commission structure. The National Association of Realtors (NAR), the largest trade association in the United States representing real estate professionals, finds itself embroiled in legal proceedings challenging its traditional commission practices. The lawsuit, brought forth by a group of homeowners, alleges that these practices stifle competition and drive up costs for consumers. Let's delve into the intricacies of this lawsuit and its potential implications for the real estate industry.

The Allegations

At the heart of the lawsuit lies the contention that NAR's policies regarding commissions effectively force sellers to pay inflated fees. Typically, when a property is sold, the seller pays a commission to both their own agent (the seller's agent) and the agent representing the buyer. These commissions are usually calculated as a percentage of the sale price of the property and are typically split between the two agents and their respective real estate brokerages.

However, the lawsuit argues that NAR's policies, specifically those pertaining to Multiple Listing Services  (MLS), effectively compel sellers to offer a standard commission to buyer's agents, regardless of the level of service provided. The plaintiffs assert that this practice limits competition among buyer's agents and inflates costs for sellers. Furthermore, they argue that NAR's rules restrict the ability of buyers and sellers to negotiate commissions, thus perpetuating an anti-competitive environment within the industry.

The Impact on Consumers

  • For many homeowners, selling a property involves significant financial implications. The payment of realtor commissions can substantially affect the proceeds from the sale.
  • Critics of the current commission structure argue that it results in inflated costs, ultimately borne by sellers in the form of reduced profits. Moreover, they claim that the lack of flexibility in commission negotiations deprives consumers of the ability to seek out more competitive rates or alternative service models.
  • Could deter potential buyers or hinder sellers from entering the market, thus distorting the equilibrium of supply and demand.

Additionally, the lawsuit alleges that NAR's policies contribute to market inefficiencies by artificially inflating the cost of real estate transactions. 

NAR's Defense

NAR has vehemently defended its commission policies, asserting that they are essential for maintaining a competitive and efficient real estate market. The association contends that the MLS system, which it oversees, provides valuable benefits to both buyers and sellers by facilitating access to comprehensive property listings and ensuring a standardized platform for real estate transactions.

Moreover, NAR argues that its commission structure is necessary to incentivize buyer's agents to show properties and work on behalf of their clients diligently. They maintain that the current system promotes cooperation among real estate professionals and fosters a robust marketplace. 

Alternative Work for REALTORS Impacted

  1. Loan Signing Agent
  2. Mortgage Loan Officer (No Exam)
  3. Property Management
  4. Travel Agent Business
  5. Real Estate Investing

In the past I put together a list of 17 lucrative side hustles for real estate agents

Potential Ramifications

The outcome of this lawsuit could have far-reaching implications for the real estate industry. If the plaintiffs prevail, it could compel NAR to reevaluate its commission policies and potentially open the door to greater competition and innovation within the sector. This might lead to alternative pricing models, increased transparency, and enhanced consumer choice.

Conversely, a ruling in favor of NAR could reaffirm the status quo, reinforcing the association's dominance over commission structures and MLS policies. However, it may also prompt calls for regulatory scrutiny or legislative action to address concerns regarding competition and consumer protection in the real estate market.


The lawsuit challenging NAR's commission practices underscores broader debates surrounding competition, transparency, and consumer rights within the real estate industry. As stakeholders await the resolution of this legal battle, the outcome has the potential to reshape the landscape of real estate transactions in the United States. Whether it heralds a new era of innovation and consumer empowerment or reinforces existing structures remains to be seen. Nevertheless, it serves as a stark reminder of the evolving dynamics and complexities inherent in the world of real estate.

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  2. Best Side Hustles for Real Estate Pros (2024)
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  5. National Association of REALTORS article on NAR

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