Federal Issues

NAR To Continue To Defend Lawsuits Against Compensation Structure

September 14, 2023

Despite one of NAR’s co-defendants reportedly agreeing to a proposed settlement, the association announced it will continue defending its positon on agents compensation in two class-action lawsuits challenging its compensation structures.

The lawsuits claim that NAR rules violate antitrust laws and inflate the fees paid to buyer’s agents. 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.


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