NAR Commission Lawsuit Hub

Home selling is changing quickly due to the lawsuits and settlements against Realtors and the NAR (National Association of Realtors). We created this page as your home to help our sellers stay informed about these changes and how they impact the home selling process. Our goal is to bring you the latest information and advice so you can get to the finish line with more money and fewer headaches.

If you have any questions or want personalized advice on how these changes may impact your listing, please email us at support@ohiomlsflatfee.com or schedule a call. We’d love to help you.

The Lawsuit & Changes To Our Process:

The NAR lawsuits challenged how buyer agent commissions were set and offered in the MLS. Sellers successfully sued Realtors, claiming they were essentially forced to offer a buyer agent commission when using a Realtor. Thanks to the settlement that has all changed. 

As of August 17th, 2024 all MLS systems nationwide must remove all Buyer Agent Commission requirements and information. Also, no references to commissions will be allowed in the MLS or any MLS-fed websites like Realtor.com, Zillow, etc. This applies to both public and private remarks.

Here are some of the new MLS rules taking effect: 

  • No MLS can show any commission (% or $) the seller is/is not offering to buyer agents. 
  • No comments or documents referring to potential commissions will be allowed in any MLS nationwide.
  • Sellers can still offer buyer agent commissions and buyer concessions, but they are not required. 
  • All Realtors must explain to all buyers and sellers that Realtor commissions are not “standard” nor “set” by any law, association, or brokerage.
  • Due to the rules above our listing form and listing agreement documentation will now state: Buyer Concessions/Agent Commissions: We believe it is in your best interest to consider all offers, as they can always be negotiated. Offers with concessions or commissions can still result in a favorable bottom line. Are you open to receiving offers that may include concessions or commissions? Yes/No

Going forward, all commissions can be negotiated during the offer process, which is how we have always felt it should be.

If you are offering a specific buyer agent commission or would like to, you still can. But now, instead of seeing your commission in the MLS, agents will have to contact us or you directly to ask how much you are offering.

If an agent asks, you may tell them any amount you like. However, our advice is to tell them that you are “open to paying a commission and that the amount will depend entirely on the quality of the offer” they bring you. If they press you, tell them you want to negotiate the commission during the offer–not before. If they keep pushing, let us know, and we will handle it.

If you purchased our Platinum, Gold, or Premium listing package, we will continue to handle all commission discussions for you. 

If you are negotiating your own offers, it’s critical to pay close attention to every word in every document. Agents may add a commission to the contract, and it might not be obvious or easy to spot. 

As a reminder, you do not have to offer a buyer agent commission. It’s a term that should be negotiated during an offer, just like price, appliances, and closing date. 

Thanks to these changes, agents will be forced to show houses based on their buyers’ needs and wants–not the commission being offered. This is a great day for sellers everywhere.

Please feel free to reach out to us at support@ohiomlsflatfee.com if you have any questions about how these changes may affect your current or future listing with us.

Our listing form has been updated to remain in compliance with the new regulations surrounding commissions. When you fill out your listing form, you will see the following option:

  • Buyer Concessions/Agent Commissions: We believe it is in your best interest to consider all offers, as they can always be negotiated. Offers with concessions or commissions can still result in a favorable bottom line. Are you open to receiving offers that may include concessions or commissions? Yes/No
  • You can select either yes or no. No commission amount will be collected at this or any time. This is because all commissions will be negotiated during the offer process.

If you are offering a specific buyer agent commission or would like to, you still can. But now, instead of seeing your commission in the MLS, agents will have to contact us or you directly to ask how much you are offering.

If you are negotiating your own offers, it’s critical to pay close attention to every word in every document. Agents may add a commission to the contract, and it might not be obvious or easy to spot. 

If you purchased our Platinum, Gold, or Premium listing package, we will continue to handle all commission discussions for you. 

Our listing documents have also been updated in regards to commissions. Here is what we changed:

  • If you’ve listed with us before you’ll notice we no longer collect a commission agreement. This is because no mention of commissions is allowed in the MLS, so we no longer need this amount upfront. Instead commission will be negotiated during the offer process just as any other term like appliances, warranties, and possession would be.
  • Our listing document will no longer list a commission amount but instead have a Yes or No checkbox that corresponds to your listing form answer. Regardless of what you chose at the time of listing you are always welcome to change your answer.

As a reminder, you do not have to offer a buyer agent commission. It’s a term that should be negotiated during an offer, just like price, appliances, and closing date. 

Thanks to these changes, agents will be forced to show houses based on their buyers’ needs and wants–not the commission being offered. This is a great day for sellers everywhere.

Please feel free to reach out to us at support@ohiomlsflatfee.com if you have any questions about how these changes may affect your current or future listing with us.

By August 17th, 2024 all MLS systems nationwide must remove all Buyer Agent Commission requirements and information. Also, no references to commissions will be allowed in the MLS or any MLS-fed websites like Realtor.com, Zillow, etc. 

The goal is simple: the courts and the Department of Justice are forcing long overdue changes in the industry. Here are some of the new MLS rules taking effect: 

  • No MLS can show any commission (% or $) the seller is/is not offering to buyer agents. 
  • No comments or documents referring to potential commissions will be allowed in any MLS nationwide.
  • Sellers can still offer buyer agent commissions and buyer concessions, but they are not required. 
  • All Realtors must explain to all buyers and sellers that Realtor commissions are not “standard” nor “set” by any law, association, or brokerage.

Going forward, all commissions can be negotiated during the offer process, like any other term, which is how we have always felt it should be.

This puts more negotiating power in your hands. Agents are no longer just expecting to get whatever number you offered in the MLS. Instead, if they bring you a less-than-attractive offer you can negotiate a commission you feel is fair in relation to that. If they bring you a dream offer, again you can negotiate a commission you feel is fair in relation to that. If you still want to offer a specific commission regardless of the other terms, you can do that too, and it will be communicated until we reach the offer phase.

Remember: If an agent asks, you may tell them any amount you like. However, our advice is to tell them that you are “open to paying a commission and that the amount will depend entirely on the quality of the offer” they bring you. If they press you, tell them you want to negotiate the commission during the offer–not before. If they keep pushing, let us know, and we will handle it.

If you are negotiating your own offers, it’s critical to pay close attention to every word in every document. Agents may add a commission to the contract, and it might not be obvious or easy to spot. 

Glen has a podcast that you may find extremely helpful when addressing these conversations with Realtors. You can listen to it here or on your favorite podcast app.

If you purchased our Platinum, Gold, or Premium listing package, we will continue to handle all commission discussions for you. 

Please feel free to reach out to us at support@ohiomlsflatfee.com if you have any questions about how these changes may affect your current or future listing with us.

Agents are now responsible for either negotiating their commission with sellers or with their buyer. 

Some agents will work out compensation with their buyer, meaning you will not pay them a commission at closing. Some agents will include their commission, to be paid by you at closing, in the contract. Regardless of how an agent receives their commission we strongly recommend it is addressed in the contract before anything is signed. (For Platinum, Gold, and Premium clients we will take care of this for you).

Any agreed upon commissions will still be paid at closing and should be reflected on the settlement statement. If you don’t see them on the statement or there is an issue, reach out to us or the title company that issued the settlement statement to get it corrected prior to signing closing documents.

Please feel free to reach out to us at support@ohiomlsflatfee.com if you have any questions about how these changes may affect your current or future listing with us.

Frequently Asked Questions:

  • A group of home sellers who were charged 6% to sell their homes sued a large group of Realtors and the National Association of Realtors, claiming they were price fixing and forcing sellers to pay higher commissions.
  • They also claimed that home sellers were unfairly forced to offer a large commission to buyer agents rather than having buyers pay for their own agents’ services.
  • Furthermore, it was alleged that NOT offering “the standard” commission would result in home sellers being blacklisted or boycotted by local buyer agents.
  • The courts ruled that the Realtors involved were guilty and awarded the homeowners a $1.8 billion payment.
  • Many copycat lawsuits were immediately filed in many other states.
  • These huge verdicts and other lawsuits were eventually settled out of court.
  • The largest settlement was by the NAR (National Association of Realtors) for $418 Million. 
  • As part of the settlement, NAR agreed to three specific rule changes to prevent this from happening again. 
    • No commission amounts can be displayed or mentioned in any MLS. 
    • All buyer agents must now have a written agreement with buyers before they show them a home. That agreement must spell out how much, if any, the buyer will pay the agent as a commission.
    • All Realtors must now tell all clients in writing that commissions are not set by any law, association, or brokerage and that all commissions are negotiable.
  •  
  • Commissions have always been negotiable, and that hasn’t changed. 
  • What is changing is that now the commission negotiations will take place during the offer process vs. before the showing–which is a HUGE win for home sellers everywhere.
  • That remains to be seen. The settlements and rule changes were intended to change the system so that sellers would pay listing agents and buyers would pay buyer agents. 
  • Since the MLS is no longer able to show commissions or mention them at all, sellers have more flexibility in their choices. 
  • Sellers can choose to offer no commission and not be punished since no Realtor will know what amount a seller is offering or not offering. 
  • This allows home sellers to have the commission conversation during the offer, which is where we have always felt that conversation should take place.
  • Sellers can still offer a buyer agent commission–that hasn’t changed. 
  • The big change is that all MLSs nationwide are now prohibited from mentioning or showing any commissions for any listing.
  • Either the agent will ask you before the showing, or they will address the commission in the written offer. 
  • If there is no discussion and no mention of the commission is made in the offer or any supplemental documents, then you don’t have to pay any commission.
  • Go back and thoroughly read the contract you signed, and look for any mention of commissions in the contract. 
  • Also, look for any additional documents, called “addenda” or “addendums” that are mentioned in the contract and read those as well. 
  • If you find that you are expected to pay a commission, and that wasn’t your intention, our advice is to stop everything until you resolve this issue. 
  • We offer consultations by email and phone if you are unsure of your situation.
  • We tell all agents who ask that all our sellers will entertain any offer, whether it contains and commission or not.
  • We believe it is in your best interest to consider all offers, as they can always be negotiated.
  • You are better off casting a wide net to attract more buyers and more offers. 
  • Offers with concessions or commissions can still result in a favorable bottom line.
  • Ultimately, you never have to accept an offer that doesn’t meet your expectations.
  • Very little. Now, instead of asking sellers if they are offering a commission and, if so, how much, we simply ask whether sellers are open to receiving an offer that may include concessions or commissions.
    We firmly believe that all sellers should be open to looking at any offer since all terms of all offers remain negotiable.
  • You can put your commission on your yard signs, flyers, and social media.
  • No, because since the MLS no longer allows any discussion or mention of commission, all sellers are finally on a level playing field, regardless of the commission they are offering.
  • A commission is money paid by the seller or the buyer to an agent for real estate services. 
  • A concession is money given to the buyer from the seller at closing to offset a buyer’s expenses related to purchasing a property. These are often called “buyer closing costs” or “seller concessions.”
  • Commissions and concessions are 100% negotiable and will impact your bottom line, and both should be spelled out clearly in any purchase agreement.
  • Yes, and many buyers will do that to avoid paying their agent out of pocket. 
  • While this looks like they are asking you to pay their closing costs, in reality, the buyer is financing their closing costs by rolling them into the purchase of the property. 
  • Example: Whether you get an offer for $105,000 with $5,000 in concessions or you get an offer for $100,000 with $0 in concessions, your bottom line is still $100,000.
  • We believe all sellers should tell any agent who asks that you are open to any and all offer terms and you will discuss the commission during the offer phase. 
  • You are better off casting a wide net to attract more buyers and more offers. 
  • Offers with concessions or commissions can still result in a favorable bottom line.
  • Ultimately, you never have to accept an offer that doesn’t meet your expectations.
  • Absolutely. All commissions are 100% negotiable before, during, and after the offer phase. 
  • We believe commissions, like price and other terms, are best handled during the offer phase, but as a seller, you have the option of negotiating it at other points in the process.
  • Traditional (6%) agents are struggling with the changes because it upset their entire model. 
  • As a 20-year Flat Fee brokerage, we are much more aligned with this style of service and negotiating. 
  • This experience and modern mindset give us (and our sellers) a significant advantage over all Traditional Realtors because we have operated this way for decades. 
  • Also, we agree with the changes, while most Traditional Realtors are still trying to find ways to make the old system work.
  • For a century, buyers rarely had to worry about how and when their agent would get paid since the buyer agent fee was nearly always included in the commission the seller paid the listing agent. 
  • Now, buyers must have a detailed commission discussion before setting foot in a home. 
  • While buyers may still ask the seller to pay their agent’s commission as part of the offer, it’s still a new hurdle for buyers and buyer agents across the country.
  •  
  • Bookmark this page for any relevant updates to this evolving situation.
  • Sign up for our monthly newsletter, which includes links to new information about this topic. 
  • Check out our weekly podcast, Talking Realty, where we keep you fully informed of all things home selling–including NAR Lawsuit developments and changes.

NAR Lawsuit Videos:

These videos have been made over the course of the lawsuits. As more lawsuits arise and settlements or judgements continue to be reached, some facts may change. Please feel free to consult outside sources or reach out to us at support@ohiomlsflatfee.com for the most up-to-date information on how the commission lawsuits may affect your listing. 

NAR Lawsuit Blog Posts:

Negotiating Buyer Agent Commissions When You Sell Your Home | Ep 18

Discover how recent MLS changes impact buyer agent commissions and learn strategies to negotiating the buyer agent commission when selling your home. This episode of “Talking Realty” with Glen Whitten explores real-world tactics to negotiate commissions effectively, saving you money and maximizing your home sale outcomes. Listen now to stay ahead!

Read More »
Ohio Property Group Glen Whitten Dual Agency Trap Blog Post

Flat Fee vs Traditional 6% Model Round 4: The Dual Agency Trap

Welcome to Round #4 in the Traditional Real Estate Vs Flat Fee heavy-weight fight: The Dual Agency Trap. In previous rounds, we covered the flaws in the traditional real estate model, including the 6% commission, one-size-fits-all service approach, and the turnover/training paradox. Today, we dive into Flaw #4: The Dual Agency Trap, which is perhaps the most upsetting of all. This practice is damaging to buyers and sellers but highly beneficial to Realtors, which is why it persists despite its harm to consumers.

Read More »

Andy Chom on buyer agents when selling your Ohio home | Episode 5

In this episode of Talking Realty, Glen Whitten sits down with Andy Chom to delve into the nuances of working with buyer agents during the home-selling process. Andy provides a wealth of knowledge on various aspects, from negotiation strategies to understanding commissions and how to effectively collaborate with buyer agents to ensure a smooth and profitable sale.

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Flat Fee vs Traditional 6% Model Round 3: Turnover vs. Training

In this post, Broker Glen Whitten of the Ohio Property Group and OhioMLSFlatFee.com examines the third big flaw in the traditional Realtor model: The Turnover vs Training paradox. He shows how their firm’s family approach, deep commitment to training, and extreme niche service model keep them ahead of all competition and their sellers in the Sold column.

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Flat Fee vs Traditional 6% Model Round 2: One Size Fits All?

In this post, Broker Glen Whitten of the Ohio Property Group and OhioMLSFlatFee.com examines the second big flaw in the traditional Realtor model: The one-size-fits-all service approach. He shows how unbundling is the way of the future to help sellers save money while getting top dollar for their home.

Read More »
Yard sign that says "Realtors...You're welcome. Love, Glen"

I don’t charge 6% to sell homes. Realtors…you’re welcome.

In the wake of a groundbreaking $1.8 Billion verdict against the National Association of Realtors and several large brokerages, I believe they should have called me to the stand.
If NAR lost because the jury felt 6% was the only option, this website, OhioMLSFlatFee.com, is the perfect defense. Discover why we feel our model IS the future of real estate and how it saves sellers money, time, and headaches.

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Picture of a microphone logo and the talking realty podcast logo for episode 2 with guest Kurt Uhlir and host Glen Whitten where they discuss the recent NAR lawsuits and the ever changing and evolving real estate industry.

Talking Realty Episode 2: Kurt Uhlir on NAR Lawsuits

https://media.blubrry.com/3563224/content.blubrry.com/3563224/Talking_Realty_Episode_2_Kurt_Uhlir_on_NAR_Lawsuits.mp4Podcast: Play in new window | Download (294.9MB) | EmbedSubscribe or Follow Apple Podcasts | Spotify | Amazon Music | Pandora | iHeartRadio | Blubrry

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Picture of a microphone logo with the talking realty podcast logo and the title of episode 1: Maiden Voyage with host Glen Whitten

Talking Realty Episode 1: Maiden Voyage, Changing Real Estate

Welcome to the inaugural episode of “Talking Realty,” where Glen Whitten, a 20-year veteran broker and founder of the Ohio Property Group, embarks on a mission to demystify the home selling process. This episode dives deep into the advantages of flat fee real estate services over traditional 6% commissions, illustrating how Ohio Property Group has pioneered a cost-effective, transparent, and efficient way for homeowners to sell their properties. Through insightful discussions and practical advice, Glen aims to equip sellers with the knowledge and tools needed to navigate the real estate market confidently, save millions in fees, and avoid the common headaches associated with property sales. Discover the future of real estate with Glen Whitten and learn how you can take control of your home selling journey.

Read More »
Image of a house with a dollar sign on the face representing realtor commissions with a large gavel beginning to smash the house and dollar sign

Lawsuits Against Realtors Are Long Overdue

In a monumental shift, home sellers are taking a stand against real estate commissions that have long felt disproportionate and opaque. The recent legal actions against the National Association of Realtors and established brokerages signal a long-overdue call for transparency. This movement isn’t just a tremor – it’s an industry quake reshaping the bedrock of traditional commissions, with implications that could empower sellers like never before. Dive into our comprehensive look at these lawsuits and the pivotal changes they may bring, or watch our detailed video for a closer examination.

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Are the local Realtors boycotting me?

Learn from my mistake: overpricing a property can lead to months of frustration. Embrace accurate pricing and adapt to attract motivated buyers quickly. Time is money. For pricing tips and a market report, explore our free Realist® Report.

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