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NAR Proposed Settlement

Tuesday, March 19-- On Friday, March 15, The National Association of REALTORS® (NAR) announced a proposed settlement to end the ongoing litigation of cases regarding real estate commissions and compensation practices. The settlement includes agreements by NAR covering liability release, compensation offers, buyer agreements, and a settlement payment.

What is in the Proposed Settlement

  • Compensation Offers on MLS: NAR has agreed to put in place a new rule prohibiting offers of compensation on the MLS. This means compensation will no longer be communicated via the MLS but will be an option consumers can pursue off-MLS. Compensation continues to be negotiable and should always be negotiated between agents and the consumers they serve.
  • Buyer Representation Agreements: NAR has agreed to require MLS participants working with buyers to enter into written representation agreements with their clients.
  • Release of Liability: The agreement would release liability from and resolve claims against most (not all) members, all state/local REALTOR ® Associations, all association-owned MLSs, and all brokerages with an NAR member as principal that had a residential transaction volume in 2022 of $2 billion or less.
  • Settlement Payment: NAR would pay $418 million over the span of approximately four years.

Who is Covered by the Proposed Settlement

  • Over 1 million NAR members.
  • All state/territorial and local REALTOR® associations.
  • All association-owned MLSs.
  • All brokerages with an NAR member principal that had a residential transaction volume in 2022 of $2 billion or below. Some agents and related companies are not released under the proposed settlement.*

*(The proposed settlement does not apply to those who had a residential transaction volume in 2022 of more than $2 billion. Agents affiliated with HomeServices of America and its related companies- the last corporate defendant still litigating the Sitzer/Burnett case- are NOT released under the proposed settlement, nor are the employees of the remaining corporate defendants named in Sitzer/Burnett and Moherl. Although the settlement is a nationwide release for all sellers and should resolve most of the ongoing litigation, there is also the possibility that there will be opt-outs from the proposed settlements.)

What Comes Next:

The proposed settlement is subject to court approval, and changes would go into effect mid-July of this year. While the settlement is complex and proposes major adjustments to current rules, the Prescott Area Association of REALTORS® is committed to providing comprehensive updates and education about the ongoing changes to our members.

For more information, see the additional resources provided by NAR below.

Read the full statement from NAR here.

Review the NAR settlement Factsheet here.

Watch a video from NAR Chief Legal Officer and Member Experience Officer Katie Johnson and NAR President Kevin Sears.

Read the full proposed settlement here. 

Read an additional statement from NAR regarding commissions here.

Additionally, there are materials available for NAR members about the settlement at, and updates with the latest information will continue to be posted to

Buyer Representation Education

FREE Accredited Buyer Representative® Courses

ABR: Friday, May 9 - Thursday, May 10 from 9AM-4PM. Register here.

ABR: Thursday, August 1 - Friday, August 2 from 9AM-4PM. Register here.

General Buyer Representation Classes

Buyer & Seller Exclusivity: Tuesday, May 7th 1-4PM. Register here.


To read NAR's full Antitrust policy and gain addition resources, visit their page here.


Information provided by the Prescott Area Association of REALTORS® on March 19, 2024.