The moment the Sitzer-Burnett v NAR settlement broke into the media cycle, the headlines were loaded with assumptions and speculation. Pundits and armchair experts shouted that commissions were over, buyers and sellers had won, and the entire real estate industry was facing a revolution. But now that the dust is beginning to settle, it’s time to really understand the truth of NAR settlement and what it actually means for real estate consumers like you.
I’m Robbie English, Broker and REALTOR at Uncommon Realty, a national real estate speaker and instructor with decades of hands-on experience. My team and I guide our clients through every step of the real estate journey with clarity, strategy, and a competitive edge. And in this new legal landscape, having a sharp, experienced guide matters more than ever.
Let’s unpack what’s going on—not just what’s making headlines.
TL;DR — Key Takeaways About the Truth of NAR Settlement:
- The “Truth of NAR Settlement” is widely misunderstood—buyers and sellers are impacted in very different ways.
- The lawsuit Sitzer-Burnett v NAR does not cap commissions or make real estate services cheaper.
- Sellers still can pay buyer agent commissions, but now it won’t be displayed on the MLS.
- Buyers may face new out-of-pocket costs that were previously financed via seller-paid commissions.
- Robbie English and his expert team offer unmatched experience and insights to help navigate this new real estate era.
Sitzer-Burnett v NAR: The Real Story Beneath the Surface
This class-action lawsuit centered on whether the way buyer agent commissions were advertised on MLS platforms created anti-competitive practices. It’s easy to understand why this case caused a stir. Money is involved. A lot of it. But money alone doesn’t make a case straightforward.
The public narrative painted a picture that sellers were forced to pay buyer agent commissions. This simply isn’t true. In fact, sellers have always had the choice, even though many chose to offer compensation as part of their strategy to attract more buyers. The Sitzer-Burnett v NAR case created an illusion that this was a groundbreaking shift. It wasn’t.
What has changed is visibility. Under the new rules, agents can no longer display buyer agent compensation on association-owned MLS platforms. But that doesn’t mean cooperative compensation is dead. It just isn’t where it used to be.
So, What Happens to Buyer Agent Compensation Now?
Here’s the honest answer: it depends. Sellers can still offer it. They can even advertise it—just not through the traditional MLS system.
Some will say this is a win for sellers. On paper, maybe. In practice, buyers still need representation, and strong representation comes at a cost. Now that cost may shift from seller-paid to buyer-paid. That change isn’t insignificant.
For cash-strapped buyers, this could mean shelling out thousands of dollars more to get into a home—money they were previously able to roll into their mortgage. That’s a substantial burden.
And it’s one most media outlets have glossed over while celebrating the perceived “win.”
Common Myths and Real Consequences
You’ve likely heard people cheering, “Commissions are finally going down!” or “Sellers don’t have to pay agents anymore!” But when you start asking hard questions, things fall apart fast.
Let’s start with the idea that the Truth of NAR Settlement means REALTORS will be forced to lower their rates. False. Fees were always negotiable. They still are. No part of this settlement mandates what an agent can or should charge.
The myth that sellers now can’t offer commission to buyer’s agents? Also false. They absolutely can. They just have to go about it a little differently.
Another favorite myth? That buyers will save money and that housing will suddenly become more affordable. That’s wishful thinking. Home prices are driven by supply and demand. Commission structures don’t affect that fundamental economic truth.
The Impact on Buyer Representation
Let’s say you’re a buyer in today’s market. You’ve saved for your down payment. You’re prepared for closing costs. And now, thanks to the Sitzer-Burnett v NAR case, you may also be expected to cover your agent’s commission out of pocket.
Here’s why that matters: Buyer agents don’t just unlock doors. They guide negotiations. They protect your interests. They help prevent costly mistakes. That level of expertise is not optional—it’s essential.
Without seller-paid commissions, many buyers could skip representation altogether to save money. And that’s where real harm begins. The largest financial investment of your life should not be done alone or with half the information.
The settlement mandates written buyer representation agreements before homes are shown. That’s a step in the right direction for transparency—but it also means more upfront decisions for buyers who may not fully grasp their financial obligations.
It’s Not Just Legal—It’s Strategic
Now more than ever, your agent must do more than open doors. You need a strategist. Someone who can interpret these changes, leverage them to your benefit, and keep you fully informed every step of the way.
That’s what I do. My name is Robbie English, and I’ve spent decades studying this industry from every angle. I teach agents nationwide how to do this job at the highest level. I don’t follow trends—I get ahead of them. And that means my clients do, too.
There’s no one-size-fits-all answer anymore. Every transaction will need a customized plan, a deep understanding of evolving rules, and a seasoned hand to guide you. My team and I provide just that.
What the Settlement Actually Requires (and What It Doesn’t)
The new rules require:
- Buyer agents to have signed representation agreements before showing homes.
- Listing agents to avoid publicizing cooperative compensation on association-owned MLS platforms.
What it doesn’t do:
- Cap commission rates.
- Prohibit compensation from being offered.
- Mandate any kind of “free for all” when it comes to fees.
The truth of NAR settlement is that it creates new procedural requirements—not new laws about who can charge what or how.
It’s easy to get swept up in headlines that promise change. It’s harder to work through the nuance and realize that some of this is simply about presentation, not policy.
Market Value Has Never Been About Commission
One of the more confusing arguments that surfaced is the idea that commissions somehow inflated home values. But market value isn’t defined by what someone wants a home to be worth—it’s what a ready, willing, and able buyer will pay for it.
Fannie Mae’s seller’s guide defines it clearly: market value reflects a competitive and open market where buyers and sellers act in their own best interests. Commission has no bearing on that definition. And no appraiser would let commission alter a home’s valuation.
If anything, hiding commission data and introducing confusion risks pushing homebuyers to lower price points—because they have to account for representation costs. And that could hurt both sides of a transaction.
Why Robbie English and His Team Are the Right Choice Now
When the terrain shifts, you don’t want someone learning the ropes. You want someone who’s already mapped them out. That’s where I come in.
I’ve spent my career mastering this business so that my clients don’t have to stumble through it. I’ve advised countless individuals through successful sales and purchases. I’ve taught real estate agents across the country how to navigate complexities just like this.
In a moment when confusion is at an all-time high, I offer clarity. When the rules change, I offer guidance. When buyers or sellers worry about what’s next, I show them the advantage of having the right team in their corner.
You could choose any agent. But when the stakes are this high, why take chances?
What Buyers and Sellers Need to Do Now
Sellers need to understand that offering buyer agent compensation—strategically and off-MLS—can still be a smart move. It can attract more buyers and create smoother negotiations.
Buyers need to prepare to have meaningful conversations about compensation. Don’t skip representation. Budget for it. Plan for it. And find an agent who brings value worth every penny.
If you’re going to have to pay for representation, you better make sure that representation is bulletproof. My clients know they’re getting the highest level of insight, advocacy, and negotiation. That’s how you turn legal uncertainty into strategic advantage.
A Final Word on the Truth of NAR Settlement
This isn’t a moment of revolution. It’s a moment of recalibration. The truth of NAR settlement isn’t about who won and who lost. It’s about understanding where things stand now and what to do moving forward.
And if you want to move forward with confidence—if you want a voice of reason and a hand on the wheel—you know who to call.
I’m Robbie English. I know the ins and outs of this business because I’ve taught them. And my team at Uncommon Realty is ready to put that expertise to work for you.
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