National Association of Realtors Agrees to Settlement in Antitrust Lawsuits Eliminating Commission Rules

CHICAGO, IL – In a historic settlement that will completely change the current homebuying and selling business model, the National Association of Realtors (NAR) on Friday entered into a settlement in a series of antitrust lawsuits brought against the organization by groups of home sellers by agreeing to pay $418 million in damages and eliminating commission rules, effectively doing away with the 6 percent industry standard.

The agreement to abolish the 6 percent commission standard on the part of NAR – which represents over 1 million Realtors – is expected to significantly reduce the costs associated with buying and selling homes, with experts predicting that commissions are expected to fall anywhere from 25 percent to 50 percent.

Up until Friday’s agreement, sellers paid both their broker and their buyer’s broker during a home sale, which some critics have said has artificially driven housing prices higher. Previously, sellers could pay more than $25,000 in brokerage fees upon the sale of the average-priced U.S. home, which is currently $417,000; those costs are then passed on to the buyer, which in turn leads to higher home prices.

A new set of rules will also be put into place, including prohibiting the amount of compensation an agent will receive from being included on listings posted on multiple listing services (MLS), which some have claimed leads to brokers pushing pricier homes on their customers; previously, NAR had required agents to post their fees on MLS listings.

In addition, brokers are no longer required to subscribe to MLS where properties are given a wide viewing in a local markets, and buyer’s brokers will now be required to enter into written agreements with their buyers.

The home sellers who had sued NAR argued that the cost of the buyer’s agent’s commission should be paid by the buyer who received the service, not by the seller, and that buyers should be able to negotiate the fee with their agent and that sellers should not be responsible for paying it.

In November, a Missouri federal jury ruled in favor of the plaintiffs and against NAR and two other brokerages for a total of $1.8 billion in damages for conspiring to keep agent commissions artificially high; because the lawsuit was an antitrust case, NAR would potentially have had to pay triple damages in the amount of $5.4 billion.

While the other two brokerage is settled, NAR initially vowed to appeal the judgment before finally agreeing to the settlement on Friday, which was announced by NAR interim CEO Nykia Wright in a statement.

NAR has worked hard for years to resolve this litigation in a manner that benefits our members and American consumers,” she said. “It has always been our goal to preserve consumer choice and protect our members to the greatest extent possible. This settlement achieves both of those goals.”

News of the settlement caused shares of real estate firms Zillow and Compass to plummet over 13 percent; Zillow issued a statement saying any significant change to the fee structure could have an industry-wide negative impact, including less business for real estate platforms.

If agent commissions are meaningfully impacted, it could reduce the marketing budgets of real estate partners or reduce the number of real estate partners participating in the industry, which could adversely affect our financial condition and results of operations,” the firm said.

However, Robert Braun – a partner in Cohen Milstein’s antitrust practice that represented the homesellers in the lawsuit – claimed that Friday’s settlement will lead to a more competitive and fair real estate market.

For far too long, home sellers have faced a system recognized by many as blatantly unfair,” he said. “This class action and settlement provides justice for our clients and will require important changes that help future home sellers.”

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of Henderson, Las Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.