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Real Estate,
Antitrust & Trade Reg.

Mar. 28, 2024

Changes are coming, but real estate commissions may stay the same

The settlement includes practice changes that decouple the buyer’s commission payment from the sale of a home listed on NAR-affiliated multiple listing services. However, a loophole could allow agents to pursue commissions through bilateral contracts.

Tyler Sanchez

Partner, Salisian Lee LLP

Marius Mateescu

Associate, Salisian Lee LLP


When we last examined this topic, multiple billion-dollar cases were being filed across the country after the Missouri federal jury in Burnett v. National Association of Realtors issued a $1.8 billion verdict against the National Association of Realtors (NAR) and its members for violating antitrust laws. Due to these various matters, experts predicted that the industry was facing annual liability reaching over $30 billion.


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