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Home » The Future of Real Estate Commissions: NAR Settlement Agreement

The Future of Real Estate Commissions: NAR Settlement Agreement

April 6, 2024 by Robbie English, REALTOR, Broker, ABR, AHWD, BBA, C2EX, CRB, E-PRO, GRI, MRP, PSA, RENE, RPR, SFR, SRS, TAHS, TBS, TLS Leave a Comment

The real estate world just took a sharp turn. The Future of Real Estate Commissions NAR Settlement Agreement isn’t just another industry update. It’s a foundational shift. It transforms how buyers and sellers interact with real estate professionals. And it redefines who pays who, when, and how much. The impact is broad. Especially when you consider the secondary effects on real estate commissions.

Buyers and sellers alike are trying to understand what this means for them. Headlines have celebrated the change. But not everyone is looking beyond the surface. And frankly, the fine print changes everything.

This is where expertise becomes non-negotiable. Robbie English, REALTOR and Broker at Uncommon Realty, has been preparing for a shift like this for decades. He leads a team that doesn’t just respond to change—they anticipate it. As a national speaker and instructor, Robbie teaches agents across the country the realities and nuances of real estate. When you choose Robbie, you’re choosing strategic mastery built to serve your best interests.

The Future of Real Estate Commissions: NAR Settlement Agreement

TL;DR: Future of Real Estate Commissions NAR Settlement Agreement

  1. The NAR settlement agreement is drastically changing how real estate commissions work.
  2. Buyers may now need to pay their own agent directly, affecting affordability.
  3. Sellers are no longer expected to publicly offer buyer agent commissions in the MLS.
  4. This shift disadvantages buyers, especially those in lower and middle income brackets.
  5. Robbie English and his team at Uncommon Realty are experts at navigating this complex change to your advantage.

What Just Happened, and Why It Matters

This all stems from a lawsuit known as the Sitzer/Burnett case. The plaintiffs accused the National Association of REALTORS (NAR) of inflating real estate commissions through longstanding practices embedded in the MLS system. NAR opted to settle—agreeing to pay $418 million and alter the structure of commission offerings. But those surface-level details barely scratch the surface.

For years, sellers have chosen to offer compensation to buyer’s agents as a way to attract more attention to their listings. This wasn’t a rule. It was a strategic tool. And it worked.

Now, that option will no longer be allowed to show up on the MLS, removing it from the home’s public-facing marketing toolkit. While listing agents may still offer compensation to buyer’s agents, they must do so outside of the MLS platform.

It sounds like transparency. But here’s the reality: this shift doesn’t level the playing field. It tilts it against buyers. Especially those without the resources to pay for representation directly.  And, I expect buyers will be paying more than before.

Why This Change Hurts Buyers More Than Sellers

If you’re a seller, you’re about to hear a lot of people tell you this is a “win.” You’ll be told you don’t have to offer a buyer’s agent commission anymore. But that assumes buyers will be lining up without help.

Buyers, particularly first-timers, depend on professional representation. Their agent is their advocate, their negotiator, and their guide through a complex process. For decades, that representation was often indirectly paid for by the seller. Now, many buyers may be expected to pay out of pocket. That is, if they can afford to.

This is a classic example of a policy that sounds consumer-friendly but in the end creates a financial hurdle for people who need help the most. Robbie English sees this for what it is: a well-dressed trap for buyers. And that’s why he’s working overtime to help clients understand their new responsibilities—and how to protect themselves.

Real Estate Commissions Aren’t the Enemy

Let’s talk honestly about real estate commissions. They’re not arbitrary. They’re compensation for skill, knowledge, and risk. The idea that commissions “inflate” home prices ignores how pricing actually works.

Market value, as defined by Fannie Mae, is based on informed, motivated buyers and sellers operating freely in the open market. Price is a product of demand and competition, not the structure of commission payouts.

Robbie teaches this concept to agents across the country. He breaks it down in a way buyers and sellers can actually understand. If you’re working with someone who doesn’t understand this or can’t explain it clearly, you’re probably working with the wrong person.

What About the Lawsuit?

Here’s where the legal inconsistencies start to show. States allow agency relationships to form either orally or through implied actions. In Texas, for instance, it’s legally valid for a buyer to be represented without ever signing a document.

But now, the settlement mandates written buyer agreements upfront and before you look at a home. While this might encourage clarity, it doesn’t address the root of the issue. If representation forms without a written agreement, whose responsibility is that? The agent? The state? The buyer?  And, I imagine this rule of requiring a buyer representation agreement upfront to not to last long, at least here in Texas.

Ironically, the very system that enabled non-written representation is still in place. But instead of re-examining laws, the focus has been placed entirely on commissions. I sees through this misdirection.

For Sellers: The Truth About Cooperative Compensation

Sellers are being told they don’t need to offer cooperative compensation anymore. That’s true. But let’s talk about what that really means.

When you remove buyer agent incentives from public listings, you also reduce visibility. A home that gets shown less is a home that gets fewer offers. And fewer offers mean weaker negotiating power. Are you really saving money if you have to drop your price to entice unrepresented buyers?

The reality is simple. Educated sellers and savvy agents know that offering cooperative compensation still makes sense. Not because it’s required, but because it’s smart.

My team and I guide sellers through these complex decisions. They don’t follow trends. They lead with strategy.

For Buyers: More Responsibility, More Risk

Under this new model, you may be expected to negotiate your agent’s fee and pay it out of pocket. That could be a few thousand dollars or tens of thousands. It all depends on your budget and what sellers are willing to offer.

This isn’t just a budget issue. It’s a barrier to entry. It could mean the difference between buying now or waiting. It could mean settling for a less experienced agent because they cost less. And that choice can cost you far more in the long run.

My approach is rooted in transparency. I sits down with clients, outlines their options, and builds a strategy that fits both their goals and their financial reality. You won’t get that from just any agent. You get that from someone who’s taught thousands how to succeed.

Looking Back to Move Forward

Buyer’s agency wasn’t always a thing. Before 1992, every agent worked for the seller. The introduction of buyer representation was a major advancement in consumer protection.

Now, we’re taking a step backward. Representation is becoming a luxury instead of a given. That’s not progress. That’s regression.

But here’s the good news. With the right expert guiding you, you can still win. You can still secure excellent representation. You can still buy or sell with confidence.

That’s exactly what my team and I do. They don’t just adapt to change. They use it to sharpen their edge.

What’s Next?

This agreement is still waiting on federal approval. But assuming it goes through, changes could take effect as soon as July. That doesn’t leave much time to prepare. Whether you’re planning to buy or sell in the near future, you need to be ahead of the curve.

The Future of Real Estate Commissions NAR Settlement Agreement has real consequences for everyone involved in a transaction. The best way to navigate those consequences is with experience. I have built his career on mastering complexity for the benefit of his clients.

I’m not your average agent. I’m a strategist. A teacher. A voice of reason in a noisy, shifting market.

So when you’re ready to move forward, make sure you do it with someone who’s already ten steps ahead. I’m Robbie English at Uncommon Realty isn’t just prepared for this change—he’s prepared to make it work for you.

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Disclaimer: The content on this website is provided for general informational and educational purposes only. It is not legal, tax, accounting, financial, appraisal, or other professional advice. Reading these articles or contacting me through this website does not create a broker-client relationship. I am not an attorney, tax advisor, accountant, financial advisor, or licensed real estate appraiser. Only a licensed or certified real estate appraiser can provide a real estate appraisal. Only a licensed and certified appraiser can set a property’s value. Real estate laws, contracts, market conditions, and individual circumstances vary, so you should seek advice from the appropriate licensed professionals before making decisions.

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