Guide · 7 min read

The NAR settlement, plainly explained

What the $418M settlement changed on August 17, 2024 — and what every buyer and seller must do differently now.

What happened

The National Association of Realtors settled nationwide commission lawsuits for $418 million, agreeing to practice changes that took effect August 17, 2024. The core finding: automatic, seller-funded, percentage-based buyer compensation — advertised right on the MLS — suppressed price competition for representation.

The three rule changes that matter

  1. MLS compensation offers banned. Listing brokers can no longer advertise buyer-agent pay on the MLS. Compensation must be negotiated off-MLS, deal by deal.
  2. Written buyer agreements required before touring. No more handshake tours. The agreement must state exact compensation — a flat fee, a percentage, or an hourly rate.
  3. Vague terms prohibited. "Whatever the seller offers" and similar open-ended language is banned. The number must be objective and knowable in advance.

Who pays the buyer's agent now?

Increasingly, the buyer does — directly. In practice this surfaces as a new closing cost (often ~2.3–2.5% where percentages persist), a seller concession negotiated into the offer, or a flat fee agreed up front. Every transaction now carries a compensation negotiation that used to be invisible.

Why pre-agreed flat fees fit

A flat dollar figure is the simplest possible compliance with the "exact compensation in writing" rule. It removes the per-offer commission negotiation, keeps the purchase contract clean, and converts an unpredictable percentage into a fixed, budgetable line item. How flat-rate selling works →

Practical checklist

  • Buyers: sign the broker agreement only after the compensation line is a number you accept — before the first tour.
  • Sellers: decide in advance how (and whether) you will entertain buyer-agent compensation requests in offers.
  • Everyone: get every fee in a fixed dollar amount, in writing, before work begins.

Transact under the new rules — confidently

Pre-agreed flat fees, NAR-compliant paperwork, full service included.

Get your quote →

Related: Flat-rate selling guide · All FAQs · Savings calculator

Informational summary based on publicly reported settlement terms; not legal advice. Rules continue to evolve by state and MLS.