News & Analysis as of

National Association of Realtors Sales Commissions

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...

Cole Schotz on

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

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

Lathrop GPM

Franchisor Settles Antitrust Claims in Broker Commission Antitrust Litigation

Lathrop GPM on

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

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

Butler Snow LLP on

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

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

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

Carlton Fields

Brokers Beware, Next Antitrust Liability Target: Is Your Brokerage at Risk?

Carlton Fields on

A new class action lawsuit alleges that the National Association of Realtors (NAR), along with some of the largest real estate firms in the nation — RE/MAX, Keller Williams, Realogy Holdings, and HomeServices of America...more

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