NAR Settlement Information and Resources

MNR Statement on NAR Settlement

The National Association of Realtors® has reached a settlement agreement—which is still subject to court approval—that ends ongoing litigation brought on behalf of home sellers related to broker commissions. For over 30 years, Minnesota has protected consumers through strong buyer agency laws. Minnesota Realtors® contracts aid these protections. It is important to clarify that real estate commissions are now, and have always been, negotiable between agents and consumers. Realtors® remain committed to helping consumers make critical decisions during one of the largest investments of their lives. Their experience and market insights are invaluable when buying or selling a home. 

New Guidance on Written Buyer Agreements

NAR and MNR’s Legal Affairs experts are offering new guidance on written buyer agreements, in the wake of the settlement agreement. 

Beginning August 17, 2024, an MLS Participant “working with” a buyer will be required to enter into a written agreement with the buyer prior to touring a home, including both in-person and live virtual tours.

The PDF resource available through the button below* covers what provisions must be included in a written agreement pursuant to the NAR settlement as well as other provisions that, while not required by the settlement, MLS Participants may consider addressing with their clients. MNR has added Minnesota-specific notes to the PDF. 

Buyer Agreement Guidance PDF

Important Updates from NAR

Veterans Affairs Signals Temporary Suspension of Buyer Agent Payment Ban

The Department of Veterans Affairs plans to temporarily lift its ban on buyers directly paying for professional real estate representation until the agency deems it necessary to engage in a formal rulemaking process, a VA official said Tuesday at a Mortgage Bankers Association conference in New York.

Although not an official announcement, the comments from VA Deputy Director of Policy Michelle Corridon were met with relief from the real estate industry, as the VA’s home loan guaranty is the only loan program with this explicit prohibition. Veteran buyers have limited options in situations where the listing broker makes no offer of compensation to the buyer  broker, potentially leaving veterans without professional representation or forcing them to switch to less favorable loan products. Click here to read more.

Rule Changes go into effect August 17, 2024

Under the NAR Settlement Agreement, practice changes result in revisions to the MLS policy handbook which are summarized below. The revised policies will go into effect on August 17, 2024.

Our settlement requires NAR to implement the practice changes no later than the date of class notice. Through the preliminary settlement approval process, we now know the earliest date of class notice is August 17, 2024. We are announcing these important changes now to ensure NAR members and MLSs have ample time to prepare.

MLSs that have opted into the settlement agreement have until September 16, 2024 to implement the necessary policy changes and to be considered released parties, as provided in the relevant appendices they executed. However, NAR’s accelerated rule change process gives MLSs three months to adapt. In accordance with mandatory NAR policy, REALTOR® MLSs must implement the practice changes by August 17, 2024. NAR recommends all opting-in MLSs implement the practice changes by this date.

Over the coming days, we will discuss these changes in more detail and look for your questions and feedback. In the interim, our FAQ has been updated to reflect the effective date and provide additional detail on implementation. We are committed to working together to navigate these adjustments and providing as much guidance to our members as possible. As further details emerge, additional materials will be shared and posted to facts.realtor.

Preliminary Settlement Agreement Approved

On April 23, 2024, Judge Bough granted that motion which means that as of today, the settlement agreement is preliminarily approved. Settlement class members are now enjoined from filling complaints or prosecuting any claims based on the type of conduct at issue in Sitzer-Burnett and the other settled Actions on behalf of home sellers related to broker commissions against NAR or other parties that are released under the settlement. 

Important reminders: 

  • Individual NAR members and their brokerages with 2022 total transaction volume for residential home sales below $2 billion do not need to take any action to be covered by the settlement.
  • The following entities that choose to be covered by the settlement must execute the relevant affidavit by June 18, 2024: 
    • REALTOR® MLSs – which are MLSs wholly owned by REALTOR® associations. 
    • Brokerages with 2022 total transaction volume for residential home sales in excess of $2 billion
    • Non-REALTOR® MLSs – which are MLSs that are not wholly owned by REALTOR® associations 

The settlement is still subject to final court approval, and plaintiffs have requested a hearing on final approval of the settlement to be held on November 26, 2024. For a more comprehensive view of what’s ahead, please see an estimated timeline here

Does this mean that the settlement is now fully approved?

  • No. Today’s order granted preliminary approval of the settlement.
    The settlement is still subject to final court approval, and we expect a motion for final approval to be filed at the end of this year.

What does preliminary approval mean for pending or potential copycat cases?

  • Class members are now temporarily enjoined from filing, commencing, prosecuting, intervening in, or pursuing as a plaintiff or class member any claims against NAR or any released party. This prohibition applies to any and all claims, regardless of the cause of action, arising from or relating to conduct that was alleged or could have been alleged in the Sitzer-Burnett and the other settled Actions based on any or all of the same factual predicates for the claims alleged in those Actions.
  • NAR will move to have litigation about the MLS cooperative compensation Model Rule stayed, or paused, as to NAR pending the settlement approval process.

Do individual NAR members need to take any action in order be covered by the settlement agreement?

  • No. If you are an NAR member as of the date of the class notice, you are covered by the settlement unless:
    • You are an employee of: At World Properties, LLC; Douglas Elliman, Inc.; Douglas Elliman Realty, LLC; eXp Realty, LLC; eXp World Holdings, Inc.; Hanna Holdings, Inc.; HomeSmart International, LLC; Howard Hanna Real Estate Services; Realty ONE Group, Inc.; Redfin Corporation; United Real Estate; or Weichert, Realtors® OR
    • You are associated with HomeServices of America or one of its affiliates.
  • The date of the class notice has not been set, but it will be sent no earlier than August 17, 2024.

Which entities need to take action in order to be covered by the settlement agreement?

  • All REALTOR® MLSs, brokerages with 2022 total transaction volume for residential home sales in excess of $2 billion, and non-REALTOR® MLSs who want to be covered by the settlement must take action. The deadline to execute the relevant appendices to be released under the settlement is June 18, 2024.
  • If you are not part of the above groups, then you do not need to take action based on today’s order.

What happens next?

  • The settlement is subject to final court approval, and we expect a motion for final approval of the settlement to be filed at the end of this year.
  • The practice changes set forth in the settlement agreement are slated to take effect in late July of this year, and class notice will take place no earlier than August 17, 2024. 

What you need to know

Highlights: 

  • NAR settlement releases NAR and all brokerage entities, who have an NAR member as principal, with a residential transaction volume in 2022 of $2 billion or less. 

  • All Realtor® associations and MLSs owned by one or more Realtor® associations also released from liability. 

On March 15, 2024, NAR released their proposed settlement agreement that would end litigation of claims brought on behalf of home sellers related to broker commissions. Although plaintiffs in these cases have agreed to the Settlement, it still requires court approval before becoming final, a process that may take a few months. 

This settlement would release NAR and all brokerage entities, who have an NAR member as principal, that had a residential transaction volume of $2 billion or less in 2022. All Realtor® associations and MLSs owned by one or more Realtor® associations are also released from liability. Other non-Realtor® Association-owned MLSs can opt into the settlement as well. As was noted in the NAR settlement statement, the cases are still active against brokerages and entities that have not settled. Further, this settlement is related to seller paid brokerage commission class action cases. 

What will change

Highlights

  • The offer of compensation fields from one broker to another will be removed from the MLS 

  • Blanket offers of cooperating compensation from one broker to another will not be allowed in any field on the MLS. 

  • Offers of cooperating compensation must be conveyed through another medium. 

  • Rule changes go into effect August 17, 2024 

As part of the settlement, NAR has agreed to make substantive rule changes for cooperating compensation for transactions beginning in August 2024. Although cooperating compensation is still permitted by Minnesota law, MLS, and NAR rules, how this compensation is communicated and secured will change. There will no longer be a field for offers of compensation from one broker to another on the MLS. Further, blanket offers of cooperating compensation from one broker to another will not be allowed in any field on the MLS.   

Therefore, offers of cooperating compensation will need to be conveyed through another medium. There is still a potential for a Seller Paid Concession field to be displayed on the MLS, but its not required by the settlement agreement and would not be consider binding on parties to a transaction unless included in a subsequent written agreement between parties. Further, the seller would not be able to condition the “Seller Paid Concession” on the buyer based on whether they were being represented by another agent.  

Also, the agreement requires Realtors® to enter into a written agreement with buyers before showing them any properties. Again, in Minnesota we have been requiring signed buyer representation agreements on residential transactions for 30 years, but the new rule will emphasize the timing of securing these agreements. This may require a change in how some brokers handle buyer representation along with changes to MNR contracts for facilitation and exclusive or non-exclusive representation.   

What does it mean for Realtors® in Minnesota? 

Highlights

  • Under the proposed settlement, most Realtor® members would be released from lawsuits related to seller paid commissions—especially in a class action format 

  • Compensation will now need to be handled directly between all parties for each transaction  

  • Written representation contracts needed to show buyers properties

Assuming court approval, there is good news: The Settlement releases liability for most Realtor® members from lawsuits related to seller-paid commissionsespecially in a class action format. This was the main reason NAR decided to settle.   

It also means that we will have to adjust our business practices, shifting from how things have operated over the last 30 years or so. There will be changes in the presentation of cooperating compensation offers, requiring new discussions with clients regarding compensation practices. 

Also, the agreement requires Realtors® to enter into a written agreement with buyers before showing them any properties. Again, in Minnesota we have been requiring signed buyer representation agreements on residential transactions for 30 years, but the new rule will emphasize the timing of securing these agreements. This may require a change in how some brokers handle buyer representation along with changes to MNR contracts for facilitation and exclusive or non-exclusive representation. 

Our diligence in serving our clients needs has not changed. This settlement presents an opportunity to  develop new ways to ensure our clients get the services they need, especially the traditionally underserved communities that need  expertise only Realtors® can provide.   

What is Minnesota Realtors® doing?

Highlights

  • MNR Forms Committee is already at work addressing these potential changes 

  • MNR Communications and Education teams will continue to deliver timely information and education that covers changes 

  • MNR Governmental Affairs team continues monitoring legislation and lobbying on behalf of members 

With changes to compensation, there will be a need to update current forms while also potentially creating new forms. Our Forms Committee is already at work addressing these potential changes and will, as soon as possible, provide those forms changes to our members.  

MNR’s Communication and Education teams are working to deliver crucial information and provide comprehensive education regarding the changes associated with the settlement. We remain committed to ensuring our members are fully equipped to navigate the transition seamlessly when the new rules take effect on August 17, 2024. 

Our Government Affairs team is monitoring legislation and lobbying on behalf of members to ensure the requirements needed to successfully manage this transition are in place.  

Our staff and leadership are continuing to cooperate with NAR and other State Associations to make sure we have the most current information and know how best to lead you through these changes.