What the NAR Settlement Means for Buyers and Sellers in Today’s Market
On August 17, 2024, the real estate industry entered a new era of transparency and consumer empowerment. The National Association of REALTORS® (NAR) implemented key practice changes as part of a $418 million settlement agreement aimed at resolving antitrust litigation related to broker compensation. These changes affect how real estate professionals structure buyer representation and how compensation is disclosed—or no longer disclosed—through the Multiple Listing Service (MLS).
For professionals who serve probate and senior real estate clients (CPRES/SPRES), these updates signal not just regulatory adjustments but a call to re-educate and advocate for informed decision-making.
The Two Major Shifts You Should Know
1. Buyer Representation Agreements Are Now Mandatory Before Touring a Property
Under the new rules, any buyer working with a licensed agent must sign a written agreement before stepping foot into a home—physically or virtually. This agreement must clearly outline the services provided and how compensation will be handled. Importantly, these terms must be mutually agreed upon and cannot be open-ended or left to chance.
What this means for buyers:
- You now have a formal opportunity to understand the value your agent brings before touring homes.
- Compensation is fully negotiable and must be transparently disclosed in advance.
- Your agent cannot collect more than what you’ve agreed to in writing—even if the seller is willing to offer more.
For seniors or estate executors navigating complex transactions, this agreement brings needed clarity around service expectations and financial responsibilities.
2. Buyer Agent Compensation Can No Longer Be Displayed on MLS
Previously, seller’s agents could offer compensation to buyer agents directly through the MLS. That’s no longer permitted. Compensation agreements must now be handled off-platform—through direct communication, websites, email, or marketing materials.
What this means for sellers:
- You can still choose to offer compensation to a buyer’s agent as a way to make your property more attractive.
- These offers just can’t be published on MLS listings.
- Your agent must disclose any such offers to you in writing and get your approval before finalizing the terms.
This change especially impacts estate sales and older homeowners, where transparency and properly communicating incentives can directly influence buyer interest.
Why Did NAR Make These Changes?
NAR’s goal was twofold: to limit legal liability across its membership base and to preserve consumer choice in how real estate services are structured and compensated. The agreement seeks to dismantle outdated assumptions about commission structures and usher in a marketplace where buyers and sellers are more informed and agents more accountable.
What This Means for Your Transaction
For Sellers:
You retain control over whether and how you compensate a buyer’s agent. Your agent should guide you through off-MLS marketing strategies—web, print, direct outreach—to ensure your home stays competitive in this evolving market.
For Buyers:
This new process puts more emphasis on communication. Take time to ask about fees, service scope, and compensation. If you’re a first-time buyer or navigating a property on behalf of an estate, a clear agreement helps protect your interests and outlines the full scope of support your agent will provide.
Moving Forward: Guidance for Navigating This New Landscape
This is a pivotal time in residential real estate—and one where experienced, ethical guidance matters more than ever. For my clients—whether you're managing the sale of a family estate or downsizing into a more manageable space—my role is to simplify these complexities and help you make confident, informed decisions under these new standards.
Whether you're buying, selling, or advising on behalf of a loved one, here are three essential tips:
- Review your agreements carefully. These documents are more than paperwork—they define your agent relationship and compensation responsibilities.
- Communicate early. Don’t hesitate to ask for clarification about fees, services, or what’s negotiable.
- Partner with a professional who understands your situation. If you're involved in probate, estate sales, or long-term transition planning, work with someone who specializes in those needs.
Sources:
https://www.nar.realtor/the-facts/nar-settlement-faqs
https://davisgraham.com/news-events/adapting-to-the-nar-settlement-agreement/




