Landmark $418M NAR Settlement Approved: A New Era for Real Estate Commissions

NAR Lawsuit Settlement Judge Approval

The $418 million NAR settlement, given final approval by a federal judge, marks a seismic shift in the real estate landscape. Home buyers and sellers can expect significant changes to commission structures, promising increased transparency and potentially saving consumers thousands.

by
November 26, 2024

The National Association of Realtors (NAR) has reached a landmark $418 million settlement resolving nationwide antitrust claims about real estate broker commissions. Judge Stephen R. Bough of the U.S. District Court in Kansas City, Missouri, granted final approval on Tuesday, November 26, 2024.

Financial Breakdown
  • Total Settlement Value: Approximately $700 million
  • NAR: $418 million
  • HomeServices of America: $250 million
  • Additional brokerages and MLSs: $30.6 million

Litigation Background
  • Initial cases: Sitzer/Burnett, Moehrl, and related antitrust suits
  • Allegations: NAR and real estate companies conspired to inflate broker commissions
  • First trial verdict: October 2023, resulting in $1.8 billion judgment

Critical Industry Changes
  • Mandatory MLS Commission Transparency
  • Removal of compensation offers from multiple listing services
  • Buyer Broker Agreements: Written agreements before home tours

Stakeholder Responses
  • NAR denies wrongdoing while committing to industry transformation
  • HomeServices of America: Paid $250 million and called it “transformative”
  • DOJ: Raised concerns about buyer broker agreement provisions

Claim and Participation Details
  • Nearly 500,000 claims submitted
  • Eligible home sellers have until May 2025 to file claims
  • 39 class members opted out

Potential Future Implications
  • Likely appeals process
  • Additional DOJ investigations
  • Fundamental changes to real estate commission structures

Statistical Highlights
  • Total Settlements: Over $943.25 million
  • Notification Reach: 99% of settlement class members
  • Notification Methods: 15 million postcards, 24 million emails

Legal Representation
  • Cohen Milstein Sellers & Toll
  • Susman Godfrey
  • Hagens Berman Sobol Shapiro

Strategic Outlook

The settlement represents a pivotal moment in real estate industry regulation, promising increased transparency and potentially lower transaction costs for home buyers and sellers.

Also See

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