NAR Litigation: A Post-Game Analysis for Real Estate Pros

The headline-grabbing NAR class action lawsuit was expected to shake the foundation of residential real estate—impacting policies, consumers, and practitioners alike. Now, about eight months after rule changes began rolling out, we’re starting to see the ripple effects. Here’s an early look at what’s actually happening—and what it means for agents, coaches, and brokerages.

1. Have real estate commissions decreased? Not significantly. While some high-end markets are showing modest declines, commissions overall have held steady. For now, the feared collapse of agent compensation hasn’t materialized.
2. Has agent usage dropped? No. According to Zillow, most buyers and sellers still engage agents in their transactions. The real estate agent remains central to the process.
3. Are low-performing agents exiting the industry? Not yet. CoreLogic reports that 65% of agents completed five or fewer transactions in 2024—a stat more reflective of market slowdown than mass agent exodus. That said, the landscape is shifting: agents now need to better articulate their value, navigate more complex transactions, negotiate, apply data, and generally sharpen their skills. This creates a golden opportunity for coaching and training—especially for agents whose brokerages don’t offer robust education.
4. Are consumers better off today? Only marginally. There’s more transparency around compensation, but sellers still often pay buyer-agent commissions to attract interest. Meanwhile, buyers may face higher costs or fewer options depending on who pays what. The promised revolution in consumer savings hasn’t arrived.
5. Are agents better off? Also no. The workload has increased—especially when it comes to researching seller commission offerings before showings. And well-trained agents often find themselves educating clients and the co-op agents representing the other side.
6. Have brokers taken a hit? Yes, big time. Settlement payouts have put pressure on already thin margins (typically 11-12%). Consolidation is accelerating: Rocket bought Redfin, Compass scooped up Christie’s, @properties, and boutique firms. As Steve Murray notes, M&A is growing in the 40-100 agent firm segment.
7. Has NAR lost influence? Yes. NAR projects only an 8% drop in membership this year—but that could rise if “MLS Choice” takes off, allowing agents to access MLS without joining their local, state, or national associations. Association-owned MLSs are being sold to private investors, chipping away at NAR’s traditional control. That said, this disruption offers an opening for NAR to reinvent itself—leaner, smarter, and more relevant.

The Real Winners So Far? The Lawyers. 

After millions in settlements and major industry shakeups, the primary beneficiaries appear to be the legal teams who have been controlling the narrative. While pricing transparency has increased, most consumers still negotiate commissions, and outcomes haven’t changed substantially.

Despite it all, real estate brokerage proves again to be incredibly resilient. It has weathered brutal recessions, tech disruption, shifting models, and the challenge of managing independent contractors. Survival favors those who adapt and provide undeniable value—and that remains unchanged.

Enter the Clear Cooperation Policy (CCP) 

Right now, the hot topic is NAR’s Clear Cooperation Policy (CCP). It mandates listings be entered into MLS within one business day—and typically syndicated simultaneously to IDX and major portals like Zillow and Realtor.com.

Opponents, led by Compass, say:

• CCP forces privacy-concerned sellers into public listings.
• It mandates usage of MLS and is thus anti-competitive.

Supporters argue:

• CCP ensures maximum exposure for listings, supporting higher prices for sellers.
• It provides a broader selection of homes for buyers.
• It fosters fairness, curbs steering, and supports inclusive housing practices.
• Alternative control of listings by a few large private networks is anti-competitive and is not in the best interest of consumers.

Traditionally, agents had two choices:

• Follow CCP and promote widely through MLS and portals.
• Use “office exclusives”—internal promotion only, no public advertising.

New in late October: NAR introduced a third path: “Delayed Syndication.”

• Listings go into the MLS immediately, but agents can delay IDX to competitor websites and syndication to public portals.
• This gives sellers flexibility, with MLS access to listings through buyer agents and listing brokerage website display.

This compromise offers an olive branch to both sides without fully satisfying either. It arguably weakens the MLS’s role by making agents gatekeepers again—harkening back to the pre-internet era of MLS books. Meanwhile, Compass and others are doubling down on private networks.  Time will tell whether this new option gets traction or not.

What the Industry Must Do Now 

If there’s one takeaway, it’s this: the industry has a communication problem. We haven’t clearly demonstrated the value of MLS or agent representation to consumers.

The fix?

• Raise the bar for agent competence.
• Coach agents on how to communicate their value effectively.
• Help consumers understand why MLS matters—and why CCP actually benefits them.

By doing this, brokers and agents won’t just stay relevant—they’ll lead. And they’ll ensure that buyers and sellers continue to benefit from the most powerful, open real estate marketplace in the world.

Pam’s Take

We’re in a pivotal moment. Yes, there’s disruption, but also immense opportunity. For real estate coaches, this is a prime time to help agents skill up, adapt, and own their market position. For agents, it’s about leaning into education, differentiation, and strategic visibility. The future favors the informed—and the prepared.

— Pam O’Connor, former CEO,Leading Real Estate Companies of the World®