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

Should Taylor Swift and Travis Kelce lawyer up? What would their prenup look like?
By Joseph A. Olszowka and Kristina Buchthal Alkass September 12, 2025
Taylor Swift’s engagement to Travis Kelce has made a big splash in the news. In this podcast, Lavelle Law family law attorneys Joe Olszowka and Kristina Buchthal Alkass discuss the importance of prenuptial agreements - and not just for the wealthy.
Who qualifies for the
By Timothy M. Hughes September 10, 2025
The U.S. Treasury Department issued a preliminary list of nearly 70 jobs that qualify for “no tax on tips.” The occupations include a wide range of services spanning from Rickshaw drivers to digital content creators.
Does the Expiration of the Statute of Limitations for a Mortgage Extinguish the Mortgage Lien?
By Steven A. Migala September 4, 2025
On August 20, 2025, the First District of the Illinois Appellate Court decided Chicago Title Land Trust Co. v. Watkin, 2025 IL App (1st) 241354 (August 20, 2025). At issue in Watkin was whether the expiration of the statute of limitations barring enforcement of a mortgage also extinguishes the mortgage lien.
New Illinois Small Estate Affidavit Law: Key Updates for 2025
By Nataly Kaiser August 26, 2025
The Illinois General Assembly has updated the Probate Act of 1975 to improve the small estate affidavit process for settling estates without formal probate. Effective immediately, this amendment offers significant benefits for Illinois residents managing a loved one's estate.
Illinois family laws help determine who gets to keep the pet when couples divorce.
By Joseph A. Olszowka August 25, 2025
A common consideration in a divorce case is who will get to keep the family pet. Illinois has a specific law that addresses this issue. In this video, divorce attorney Joe Olszowka explains the various factors the court considers when there is a pet involved in an Illinois family law case.
Lavelle Saves Homeowner from Real Estate Tax Bill Disaster
By Litigation August 20, 2025
Lavelle Saves Homeowner from Real Estate Tax Bill Disaster - In the end, our client clawed back ownership of his family’s home and was made whole on the attorney fees he was forced to pay to rectify this unfortunate situation.
A summary of NADA’s statement defending state franchise laws.
By Sarah J. Reusché August 14, 2025
Recently, OEMs like Tesla and Rivian implemented a direct-to-consumer approach that many state motor vehicle dealer laws are intended to prohibit. On May 27, 2025, the National Automobile Dealers Association (NADA) submitted a Public Comment, defending state franchise laws.
Free Family Law Seminar in Schaumburg, IL
By Family Law August 11, 2025
Join Lavelle Law for an informative presentation tailored to individuals seeking expert guidance on critical family law matters. Our experienced family law attorneys will break down three key areas — prenuptial/postnuptial agreements, collaborative divorce, and child custody.
IRS outlined key points for tax year 2025 relating to the OBBBA provisions.
By Timothy M. Hughes August 10, 2025
On August 7, 2025, the IRS announced that, as part of its phased implementation of the July 4th One Big Beautiful Bill Act, there will be no changes to certain information returns or withholding tables for tax year 2025 related to the new law. The IRS outlined key relevant changes to tax filers effective for '25 - '28.
Saved or client $1 Million in Estate Tax
By Estate Administration July 30, 2025
Due to Lavelle’s extensive knowledge in estate and gift tax, we were able to generate a combined federal and Illinois estate tax savings of $1 million for the client.
More Posts