The Real Estate NARS Tea: What are these momentous changes in real estate that everyone is talking about?

Kelly A. Anderson • August 15, 2024

Starting this Saturday, August 17, 2024, new rules go into effect for the National Association of Realtors (“NARS”) that change the way realtors will be paid their commission when representing people buying and selling homes. These new rules came about as part of a $418 million settlement by NARS in March, and effectively eliminate the existing informal payment structures that have historically been used by realtors. Until now, sellers of homes typically would sign listing agreements agreeing to pay anywhere from 4-6% of the purchase price in commission, which commission amount would then be split between their agent and the buyer’s agent. So, Buyers did not have to pay anything to their realtor for their assistance. The new rules could change that.


Since the March settlement, realtors across the country have been evaluating the changes and how they are to implement them. There have been training sessions regarding new paperwork that will have to be signed by buyers and sellers, in addition to the traditional listing agreements.


More specifically – buyers’ agents, who were typically paid by the seller, now will need to let their buyer know at the outset of their relationship that some sellers may not agree to pay their commission, and therefore, the buyer would need to pay it. So, for example, if someone is buying a $1,000,000 home where the seller will only pay for their own agent’s 3% commission ($30,000), the buyer’s agent will ask the buyer to sign something agreeing to pay their commission. And depending on the commission negotiated with that buyer, that commission could tack on an additional $10-$30,000 on the purchase price. 


Additionally, realtors used to be able to include in the MLS listings for a home the amount of commission that a buyer’s agent would receive. The rules will no longer allow that. In other words, a buyer’s agent will have to reach out to the other agent directly to find out whether the Seller will pay any commission.


So, realtors have been doing everything they can to prepare for this in the past several months. It remains to be seen just how the market will respond. Will prices be impacted if Sellers are paying less in commission? Will buyers be willing to sign something agreeing to pay their agent’s commission? And if they are getting a loan for the purchase, will this commission payment be allowed by their lender? And if not, are buyers’ agents going to be disincentivized to show properties where their commissions won’t be paid by the seller? Or will buyers decide to go without an agent altogether to avoid paying a commission? If so, what sort of problems might arise during the negotiation process? And will attorneys representing buyers have to get involved earlier in the process because the buyer doesn’t have their own agent? Will buyer’s agents quit real estate altogether? Or will buyers realize the value of their agent and willingly agree to pay these commissions if the seller won’t?


As an attorney who traditionally represents both sellers and buyers after they have already nailed down the key terms with the help of their respective agents – I feel strongly that each party should have their own agent educating them and advocating for them early in the process. Both listing and selling agents, who are experienced, are the most equipped and knowledgeable as to the properties that fit the bill for their clients and how to market a property they are selling.

 

If you have questions about the new rules and how they might impact you, feel free to reach out to me at 847-705-7555 or kanderson@lavellelaw.com to discuss. 


More News & Resources

Lavelle Law News and Events

IRS Announces Nationwide Hiring Events
By Timothy M. Hughes June 10, 2026
On June 4, 2026, the Internal Revenue Service announced a series of hiring events to take place across the country through the end of July 2026. The events are aimed at recruiting individuals for key seasonal roles, including customer service representatives and tax examining technicians.
So, You Want to Run for Office?
Meeting the Basic Eligibility Requirements is the First Step
By Annette K. Corrigan June 5, 2026
Before you print a single petition or launch a campaign website, the first and most important question is this: Am I eligible to run for this office? In Illinois, failing to meet the basic eligibility requirements can disqualify a candidate before the race even begins. Understand the rules upfront.
“Entrepreneurial Boot Camp” outlines key legal and structural decisions every founder should know.
By Theodore M. McGinn and Frank J. Portera May 27, 2026
This Lavelle Law Breakfast Briefs seminar highlighted actionable insights to protect and position your business for success, including: business entity selection; capital structure; key contract terms; and shareholder and operating agreements.
Disregarding clear obligations in a court-approved parenting agreement led to costly consequences.
By Domestic Relations / Family Law May 26, 2026
As a result of our efforts, the court reduced our client’s child support arrearage by half because of the mother’s intentional and prolonged refusal to provide her share of transportation costs. The court also ordered the mother to pay a substantial portion of the father’s attorney’s fees.
A Guide to Preparing and Completing the Dreaded Financial Affidavit  in Illinois Divorce Cases
By Annette K. Corrigan May 22, 2026
Anyone going through a divorce in Illinois is required to complete a financial affidavit as part of the legal process. Each spouse completes their own financial affidavit, utilizing all financial records and information available to them. Follow this step-by-step guide to streamline the process and avoid costly errors.
How to Run as a Write-In Candidate in Illinois
By Annette K. Corrigan May 21, 2026
Write-in candidates are a unique feature of Illinois elections. They allow qualified individuals to run for office without appearing on the printed ballot. While this option provides flexibility, it comes with strict procedural requirements under the Illinois Election Code.
Important Update for Auto Dealers: FTC Cracks Down on Advertising Practices.
By Sarah J. Reusché May 15, 2026
On March 13, 2026, the Federal Trade Commission sent warning letters to 97 dealerships nationwide concerning their advertising practices. This article addresses the practical implications of the FTC’s stance on dealer advertising and what dealers need to know to remain in compliance.
IRS Announces New Option for Taxpayers to Request More Time After ERC Claim Disallowance
By Timothy M. Hughes May 10, 2026
The Internal Revenue Service recently announced a new, streamlined way for taxpayers to extend the period of time for the IRS and the IRS Independent Office of Appeals to review a taxpayer’s response to a disallowance of an Employee Retention Credit (“ERC”) claim to avoid refund litigation.
High-level insight into sophisticated tax-deferral strategies tailored for business owners
By Kerry M. Lavelle May 4, 2026
Kerry Lavelle explains how business owners can access tax-deferred money, highlighting two selective strategies for key employees or management: Deferred Compensation Plans and Cash Balance Plans. Both allow business owners and key team members to earn money while deferring taxes.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
By James P. Berg April 27, 2026
Losing a job or experiencing a change in employment status can be stressful, particularly when it impacts health insurance coverage. The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) provides a critical safety net by allowing employees and their families to continue employer-sponsored health coverage.
More Posts