News & Analysis as of

National Association of Realtors Real Estate Brokers

Carlton Fields

What the NAR Settlement and Real Estate Consumer Protection Enhancement Act Means for You

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In October 2023, the National Association of Realtors (NAR) was found liable by a federal jury of making home sellers pay excessive commission fees. Following a settlement between the NAR and the federal government, many new...more

Cole Schotz

Buyer Beware: An update on the sweeping changes implemented by the National Association of Realtors and their potential...

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Major changes hit the U.S. housing market this past month that may lead to lower housing prices across the nation. These changes stem from a settlement agreement entered into by the National Association of Realtors (“NAR”),...more

Whitman Legal Solutions, LLC

Confusion Abounds with Buyer Brokerage Agreements Post NAR Settlement

The real estate industry is experiencing a situation due to new rules relating to buyers’ brokers in residential real estate transactions. Earlier this year, facing a $1.8 Billion verdict, the National Association of Realtors...more

Manatt, Phelps & Phillips, LLP

NAR Broker Commission Policy Change Following Antitrust Settlement

In 2019, home sellers brought a series of class-action lawsuits against the National Association of Realtors (NAR) and several national real estate brokerages, alleging that the defendants conspired in anticompetitive...more

Manatt, Phelps & Phillips, LLP

NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate

In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National...more

Patterson Belknap Webb & Tyler LLP

D.C. Circuit Rules that Justice Department Can Reopen Investigation of Realtors Group

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”). See Nat’l Ass’n...more

Whitman Legal Solutions, LLC

Why the NAR Settlement Might Favor Sellers of High-Priced Homes

Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the...more

Snell & Wilmer

National Association of Realtors Settlement Announcement May Have Sweeping Implications

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The homebuying market as we know it is about to see sweeping changes. On Friday, March 15, 2024, the National Association of Realtors (NAR) announced a settlement with groups of home sellers, agreeing to end antitrust...more

Lathrop GPM

Franchisor Settles Antitrust Claims in Broker Commission Antitrust Litigation

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Real estate brokerage franchisor Keller Williams has agreed to a settle claims related to the ongoing broker commission antitrust litigation. Burnett v. National Ass’n of Realtors, Case No. 4:19-CV-00332 (W.D. Mo.), which has...more

DarrowEverett LLP

Buyer’s Market? Real Estate Broker Verdict’s Effect on Marketplace

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A recent federal jury verdict in Missouri has gotten the attention of real estate industry professionals around the country. The jury in Sitzer v. National Association of Realtors et. al (Case No. 4:19-cv-00332-SRB) ordered...more

Cole Schotz

Real Estate Commission Shake-Up After $1.8 Billion Verdict

Cole Schotz on

A federal jury ruling just changed the game for real estate brokers and the commissions they are permitted to collect. In Sitzer v. the National Association of Realtors, the defendants (which included the National Association...more

Butler Snow LLP

Real Estate Commissions in the Crosshairs

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Recently, a federal jury in Missouri returned a verdict ordering the National Association of Realtors (“NAR”), along with several other national real estate brokerages, to pay $1,785,310,872.00 in damages after finding NAR...more

McGuireWoods LLP

Jury Award Against National Association of Realtors Likely to Have Broad Impact in Industry

McGuireWoods LLP on

A federal jury in Kansas City deciding a class-action lawsuit involving a class of home sellers recently found that the National Association of Realtors (NAR) and certain other residential real estate brokerages conspired to...more

Saul Ewing LLP

Potential Broker Antitrust Liability and the $1.78 Billion Verdict in Recent Missouri Case

Saul Ewing LLP on

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based...more

Manatt, Phelps & Phillips, LLP

Missouri Jury Finds Realtors Liable for $1.78 Billion in Commission Fees

On October 31, 2023, a federal jury in the Western District of Missouri found that the National Association of Realtors (NAR) and multiple other real estate brokerages violated antitrust laws by conspiring to inflate the...more

Whitman Legal Solutions, LLC

Moehrl v. NAR and Competition in the Real Estate Industry

For home sales, multiple listing services (MLS) are the main source of information about properties listed for sale. And, buyers cannot access MLS listings on their own, because MLS limits most access to licensed real estate...more

Hinshaw & Culbertson LLP

Statutory Elimination of the Real Estate Broker's Fiduciary Duty

Will the California Supreme Court’s anticipated decision in Hiroshiike v. Coldwell Banker Residential Brokerage Company, significantly impact real estate agency law and the fiduciary duty of real estate agents? 25 states have...more

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