Recently, in the world of real estate, the spotlight has been on the 2023 Real Estate Commission lawsuit, a legal saga that has sent shockwaves through the market. The 2023 NAR lawsuit update has become the focal point of discussions as the industry grapples with unprecedented legal developments.
According to the Real Estate Commission lawsuit from 2023, the National Association of Realtors(NAR) and some other brokerage firms were requested to pay damages to home sellers who stated they’d paid increased fees to real estate agents.
The verdict presented in the Missouri court recently to the Real Estate Commission lawsuit from 2023 revealed that NAR and some other two brokerage firms, HomeServices of America and Keller Williams Realty, had to pay $1.8 billion in damages to home sellers. The reason behind this exorbitant amount of money is the alleged conspiracy between NAR and the brokerages to maintain the commissions artificially high.
Two other companies that were initially involved in the NAR commission lawsuit initiated by the home sellers – Re/Max and Anywhere Real Estate – settled out of court for a total of $140 million. Also, due to the settlement, they declared they would change their business practices – including not expecting agents to be part of NAR.
While these two companies settled out of court, NAR and the other brokerage firms involved in the 2023 Real Estate Commission lawsuit stated that they would appeal the verdict. This means that, at least for now, the commissions aren’t going anywhere immediately. Keep reading to find out what exactly NAR is and whether the court verdict threatens the commissions.
What is NAR, and how does it help agents?
The National Association of Realtors, also known as NAR, is a professional organization comprising more than 1.5 million members working in commercial and residential real estate. It is considered to be America’s largest trade association and one of the most influential. While some may suppose the association consists only of real estate agents and brokers, it actually offers membership to other parties involved in the home buying or selling process, like appraisers, attorneys, and property managers.
The National Association of Realtors was founded in 1908 under the name of the National Association of Real Estate Exchanges in Chicago. It wasn’t until 1972 that the association adopted the current name. One significant milestone in the association’s history happened between 1949 and 1950 when it registered the word Realtor with the United States Patent and Trademark Office. Many confuse the term realtor with real estate agent, but they are different. In order to be a realtor, you need to be a NAR member.
Like other professional associations, NAR advocates for its industry’s interests regarding matters that affect real estate. In 2022, it made requests of the Federal Housing Administration to lower mortgage rates, encouraged initiatives to authorize online remote notarization, supported political candidates, and more. In addition to its advocacy work, NAR provides its members with continuing education opportunities through its course offerings, which cover a wide range of topics from contract writing to financing investment properties.
Homebuyers and sellers can also find research data from the association. NAR publishes monthly reports reflecting average home prices, housing inventory levels, and relevant insights into the market. Realtors and people interested in selling or buying a house can make predictions based on the real estate market trends and set realistic property prices.
It’s easy to join the National Association of Realtors. Joining the NAR local chapter in your area is the first step. If a real estate agency employs you, non-principal agents can only participate once the principals are members. Any chapter in your state or a neighboring state is open for you to join. There are numerous advantages to joining. First, to assist you in expanding your real estate company, you have access to a network of 1.5 million real estate professionals. The NAR collaborates with numerous companies to support realtors in their personal and professional lives. The next thing you should do after getting your real estate license is become a member of the local real estate professional association.
Will the Real Estate Commission lawsuit affect commissions in the future?
In addition to the staggering losses, the ruling of the Real Estate Commission lawsuit from 2023 may drastically alter how we buy and sell real estate. As things stand right now, the buyer pays the seller for the house directly instead of the agent. The seller then gives their agency a check for the sale price, and they share the commission with the buyer’s agent. Since buyers don’t have to pay out of pocket and agents don’t get hung up on who gets paid what, this indirect method of compensating agents is meant to be the most effective approach to closing a sale. If you have ever wondered who pays the real estate agent, this is how it works. However, the plaintiffs persuaded the jury that this arrangement was fraudulent and cost retailers billions annually. They directly blamed the NAR, which oversees almost all MLS and uses the “cooperative-compensation rule” to maintain the status quo.
This is how it operates: You must give the buyer’s agent a commission when listing your house on an MLS. In theory, that might be as little as a penny, and according to the NAR, commissions are always negotiable. In fact, the association recently revised how the law was interpreted, allowing someone to offer $0 and still be in compliance. However, the plaintiffs claimed that, in reality, sellers are essentially compelled to provide the customary 2.5% to 3% in order to attract buyers’ agents – and their clients – to the house. Certain sellers may be unaware that they can choose to negotiate.
The ruling of the NAR lawsuit update 2023 can have far-reaching consequences. Should the plaintiffs succeed, buyers and sellers will have to pay for agents individually. Consumer advocates claim it would promote greater transparency and push both parties to negotiate more with their representatives. Rather than the standard 2.5%–3% of the selling price that each party receives, buyers and sellers would be more inclined to shop around and locate parties that are ready to accept a flat fee or a smaller percentage. If you have ever wondered how much a real estate agent makes, the figures might be severely decreased as a consequence of the ruling.
Buyers and sellers may save a great deal of money. Analysts calculated that customers might save $20 billion to $30 billion annually if the average total commissions for a real estate transaction were to drop to between 3% and 4% from the current conventional 5% to 6%. It may be a relief for sellers who have enough money after selling their house to pay only one broker. However, without the assistance of a mortgage, cash-strapped buyers would have to spend thousands of dollars on their agents out of their own pockets, on top of all the other fees, as commissions cannot be folded into loans in this way under existing regulations. At the very least, buyers would be motivated to negotiate over the costs. Like with lawyers, some people might want to pay an agent on an hourly basis. At the other end of the spectrum, some people may decide not to use an agent.
The ruling of the Real Estate Commission lawsuit from 2023 may significantly impact real estate agents and the brokerages that give clients back-end operations, legal support, and training in exchange for a percentage of commissions. It may also have repercussions for buyers and sellers. Well-connected, seasoned brokers who consistently land high-priced listings should be all right. However, things might get bad for inexperienced agents or those who work only with buyers. Buyer-agent revenues could fall if fewer buyers contact brokers or if they begin to negotiate lower rates aggressively. An industry-wide mass exodus could occur if commission checks decrease, as the slump in property sales has already revealed the overabundance of agents.
Bottom Line
The Real Estate Commission Lawsuit from 2023 has significantly impacted the world of real estate commissions, with the recent NAR lawsuit update revealing a substantial verdict. The Missouri court’s decision to mandate a $1.8 billion payment from the NAR and the brokerages involved to the home sellers who initiated the trial underscores the gravity of the allegations regarding inflated commissions. The 2023 Real Estate Commission lawsuit serves as a crucial moment for transparency and accountability within the real estate sector. As stakeholders assess the implications of this ruling, the 2023 NAR lawsuit update becomes a focal point for discussions surrounding fair practices, consumer rights, and the future trajectory of real estate commissions. The repercussions of this verdict will likely resonate throughout the industry, prompting reflection and potential reforms in commission structures
