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Analyzing the Impact of the NAR Settlement on Real Estate Commissions

After the National Association of Realtors (NAR) reached a $418 million settlement in April 2024 over commission-related lawsuits, many industry observers expected drastic changes to the traditional real estate commission structure. Some speculated that commissions might be reduced, or even eliminated altogether, as a result of the settlement. However, early indicators show that commission rates have remained largely stable, with only modest shifts observed in specific areas of the market.


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Is the NAR Settlement Impacting Real Estate Commissions?

The NAR Settlement and Industry Expectations


The NAR's approval of the $418 million settlement generated significant attention, as it followed lawsuits challenging the practice of offering commissions to buyer’s agents. Given the high-profile nature of the case, many experts predicted a sharp decline in commission rates, particularly for buyer’s agents. Some even forecasted that the industry would undergo a complete overhaul in how commissions were structured.

Yet, as time has passed since the settlement, the anticipated major upheaval in commission structures has not materialized. While some minor adjustments have occurred, they are being viewed by many as part of the normal ebb and flow of the real estate market, rather than the result of the settlement itself.


Commission Trends Post-Settlement


According to a study conducted by AccountTECH, a company specializing in real estate accounting software, commission rates saw only slight changes in the two months following the NAR settlement. The study tracked commission percentages and found that while there was a small dip in buyer-agent commission rates, overall, commission structures have remained relatively stable.

The data revealed that the average commission for seller’s agents experienced a slight increase, rising from 2.738% to 2.724% during the same period in 2023. On the buyer’s side, commission rates dropped marginally, from 2.541% to 2.486%. This minor shift, while notable, was not deemed significant enough to suggest a broader trend in the market. The study concluded that these adjustments were likely part of typical market variations and not necessarily linked to the NAR’s settlement.


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Decline in Buyer-Side Transactions


While commission rates have held steady, the number of buyer-side transactions has seen a decline. According to industry analysts, transactions involving buyers dropped by 10% year-over-year. Experts suggest that this decrease is primarily due to external factors such as rising mortgage rates, a lack of housing inventory, and broader economic conditions rather than a direct result of changes in commission structures.

The overall market environment, including rising costs of financing and ongoing challenges in the housing supply, has impacted buyer activity. This decline in transaction volume may be contributing to the slight adjustment in buyer-agent commission rates but is not directly indicative of a fundamental shift in the commission structure.


Trends in Downward Commission Adjustments


The most noticeable change in commission structures has been on the buyer-side, where commissions have dipped by approximately 3%. These adjustments have seen buyer-agent commissions range between 2% and 2.5%. While these figures represent a downward trend, they are still far from the dramatic reductions that many had predicted following the NAR settlement.

For buyer’s agents, this slight dip in commissions means that they may need to adjust to a slightly lower compensation model. However, it is important to note that this change, though measurable, is modest and may simply reflect broader market forces at play, rather than any large-scale transformation of the real estate commission system.


Stability in Brokerages and Commission Practices


Despite the modest changes in commission rates observed in the post-settlement period, major brokerages have not reported any significant alterations in their commission structures. Large real estate platforms such as Redfin, Zillow, and Compass have indicated that their commission rates remain largely unchanged, suggesting that the anticipated upheaval may be overstated.

Sharran Srivatsaa, the President of Real Brokerage, remarked, “We haven’t observed a notable change in commission rate today on the buy side or sell side. Our focus has been on preparing agents to handle these changes confidently, and we believe it's working.” This sentiment highlights the industry's ability to adapt to market shifts without requiring drastic changes to compensation models.

While immediate changes in commission rates have been minimal, industry leaders are aware that long-term trends could potentially lead to larger adjustments. Factors such as consumer behavior, market conditions, and ongoing legal scrutiny of commission practices could continue to influence how commissions are structured in the future.


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Looking Ahead: The Long-Term Impact


Although the immediate aftermath of the NAR settlement has not led to the sweeping changes many expected, there is still a possibility that future shifts in the industry could have a more lasting impact. The real estate market is influenced by a variety of forces, from evolving consumer preferences to regulatory developments. As the market continues to adapt to new challenges, commission structures may eventually undergo more significant changes.

In the meantime, agents, brokerages, and consumers alike will need to monitor the situation closely to stay informed about any changes to commission practices. The current trends suggest that commission rates will likely remain stable in the short term, but the real impact of the NAR settlement on the commission structure may not be fully realized for several years.


Conclusion


While predictions of drastically reduced or eliminated commissions in the wake of the NAR settlement have not come to fruition, the real estate commission structure has seen slight adjustments. Buyer-agent commissions have experienced a modest decline, while seller-agent commissions have remained relatively stable or even increased slightly. As external factors such as economic conditions and market trends continue to shape the real estate landscape, the future of commission rates may evolve in unpredictable ways. For now, the industry remains relatively unchanged, with brokerages adjusting to subtle shifts without making major alterations to their compensation models.


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