Thriving Post-NAR Lawsuit: A Guide for Real Estate Agents

Thriving Post-NAR Lawsuit

On March 15, the National Association of Realtors® (NAR) agreed to a settlement and to adopt new policies to resolve lawsuits claiming their policies inflated commissions for Realtors®. Thriving Post-NAR Lawsuit, this lawsuit alleged that the NAR’s policies and practices were anti-competitive and inflated consumer costs. It mainly focused on commission sharing between listing and buyer’s agents. The outcome of this lawsuit has led to profound changes in how real estate commissions are handled.

While the full impact of this lawsuit is still unfolding, one thing is certain: agents must be prepared to expertly address the questions and concerns their clients will inevitably have.

Thriving Post-NAR Lawsuit: Key Areas for Real Estate Agents to Focus On

  1. Transparency in Commission Fees: One of the most significant changes is the requirement for greater transparency in commission fees. Real estate agents must now clearly disclose their commission rates to buyers and sellers. They must break down how much each party is responsible for paying.
  2. Buyer’s Agent Commission Not Mandatory: Traditionally, sellers often paid the commission for both their own agent and the buyer’s agent. Post-lawsuit, it is no longer mandatory for sellers to cover the buyer’s agent commission. Buyers may now be responsible for negotiating and paying their own agent’s fees directly.
  3. Shift in Commission Negotiation: The lawsuit has encouraged more negotiation around commission rates. Both buyers and sellers are more empowered to discuss and negotiate the fees they are willing to pay, potentially leading to lower overall commission rates.
  4. Alternative Commission Models: There is a rise in alternative commission models, including flat-fee services and tiered commission structures, where the fee varies based on the level of service provided.

How Agents Need to Adapt

  • Enhanced Communication Skills: Agents must improve their ability to clearly explain their value proposition and justify their commission rates to clients. Additionally, this involves being transparent about the services provided and how they benefit the client. Even experienced agents sometimes struggle with discussing their commission. For new agents, this is a critical communication skill that requires training and practice. A great mentorship program, like the Scout Realty mentorship program, is designed precisely for this purpose. With Edward Oueilhe, who has more than 10 years of experience and has navigated many challenging changes in the real estate industry, you will have a mentor who not only trains you on how to “sell yourself.” He also supports you until you are ready to venture out on your own.
  • Emphasis on Value-Added Services: To stand out, agents should focus on offering value-added services such as comprehensive market analysis, online presentations, and staging advice. Demonstrating these extras can help justify their fees. Scout Realty, part of the Scout Industries, has its own marketing division—Scout Media. As soon as you join our team, our dedicated marketing specialists will work with you to elevate your marketing efforts and drive success. Our experienced marketing team specializes in creating compelling content, eye-catching flyers, and seamless event planning, ensuring that your brand stands out in Southern California’s competitive market.

Thriving Post-NAR Lawsuit: Additional Essential Skills for Agents

  • Flexibility in Commission Structures: Adopting flexible commission structures that cater to different client needs will be crucial. Furthermore, agents should be open to negotiating fees and offering various packages based on service levels. Personalized attention and discussions on commission structures are essential. Our mentorship program values individualized support, tailored advice, and dedicated mentorship to unlock each agent’s full potential.
  • Leveraging Technology: Utilizing technology to enhance efficiency and provide better service is key. This includes using CRM systems to manage client relationships, virtual tours to showcase properties, and digital marketing to reach a broader audience. At Scout Realty, you will have access to advanced customer relationship management tools that revolutionize your operations. Our social media experts will help you shine on all platforms.
  • Continued Education and Adaptation: Agents should stay informed about industry changes. They should continue their education to adapt to new regulations and market conditions. This includes taking courses on negotiation, marketing, and legal updates related to real estate practices. At Scout Realty, we provide ongoing training and updates on all relevant trends in the real estate market. With continuous access to Scout’s Training Library, knowledge becomes your powerhouse.

How Agents Can Leverage NAR Lawsuit Changes for Success

Generally, the NAR lawsuit has ushered in a new era of transparency and flexibility in real estate commissions. This could be an opportunity to position yourself as a trusted agent. You are preferred for your insight, transparency, and expertise. For agents, adapting to these changes involves enhancing communication, offering differentiated services, being flexible with commission structures, leveraging technology, staying educated, and building strong client relationships. By embracing these strategies, agents can thrive in the evolving real estate landscape.

Finally, fostering strong relationships within your network plays a pivotal role. Build a community of support among industry peers and advisors. Join Scout Realty to become part of a strong community with great coaching and support. With Scout Realty, you can transform challenges into opportunities for growth, ensuring your business remains strong and focused amidst the industry’s evolving landscape.


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