Interested in training for your team? Click here to learn more

Recent NAR Settlement Impact on Cooperative Compensation in Residential Real Estate Transactions

Settlement Terms Increasing Transparency, Practice Changes, Negotiation and Contractual Considerations, Evolving State Law

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Monday, May 19, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 25, 2025

or call 1-800-926-7926
Add to your calendar

This CLE webinar will discuss the recent National Association of Realtors' (NAR) $418 million settlement and its significant impact on residential real estate transactions and even state legislation. The panel will look at practice changes resulting from the settlement and discuss new considerations for contractual drafting and negotiation.

Description

The NAR's recent $418 million settlement included certain practice changes in an effort to increase transparency that have had a significant impact on the real estate industry, particularly relating to how broker commissions are negotiated and disclosed. Counsel should understand the terms of the settlement and evolving state legislation to assist clients through residential real estate transactions.

Changes resulting from the settlement include: (1) the prohibition of compensation offers to buyers' brokers or representatives via the MLS service (while offers of cooperative compensation may still be negotiated directly between buyer and seller agents, this will require a separate fee agreement with each client and potentially with cooperating brokers); (2) the required use of written agreements for all MLS participants working with a buyer prior to showing them property; and (3) the conspicuous disclosure to buyers and sellers that broker commissions are fully negotiable.

Listen as our expert panel discusses the NAR litigation and settlement that has shaken up the real estate industry. The panel will examine the terms of the settlement and its nationwide impact including the effect on state law. The panel will also address new negotiation and contractual considerations related to residential real estate transactions as a result of the settlement.

READ MORE

Outline

  1. Introduction: history of the litigation
  2. NAR settlement
    1. Practice changes
    2. Industry effect
    3. Negotiation and contractual considerations
  3. State legislative impact
  4. What about commercial real estate?
  5. Best practices for negotiation and drafting

Benefits

The panel will review these and other important considerations:

  • What are the terms of the NAR settlement? How has it impacted residential real estate transactions?
  • How does the NAR settlement change the way broker commissions are negotiated?
  • What are new contractual considerations of which counsel should be aware?
  • How has the settlement affected state legislation?

Faculty

Miller, Douglas
Doug R. Miller
Attorney
Miller Law

Mr. Miller is a real property law specialist with over 25 years of experience. He is the Executive Director of Consumer...  |  Read More

Attend on May 19

Early Discount (through 04/25/25)

Cannot Attend May 19?

Early Discount (through 04/25/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video