NAR Settlement – Commercial Transactions

Louisiana REALTORS® • April 5, 2024

Update from NAR on the Settlement's Effects on Commercial Transactions

We recognize that some of you have raised questions about NAR’s recent settlement agreement and what effect, if any, it will have on commercial transactions.


I want to clarify that the proposed settlement agreement—like the Sitzer-Burnett lawsuit and the copycat lawsuits—is focused on residential real estate transactions. That means most commercial transactions will not be affected.

Below I have included a handful of clarifying points that can be used with commercial practitioners in your associations. I’ve also included the top Q&A on this subject to help you respond to questions.


As always, you can find additional information about NAR’s commercial program at commercial.realtor. For additional information about the settlement agreement, please visit facts.realtor.


Talking Points

  1. The proposed settlement agreement—like the Sitzer-Burnett lawsuit and the copycat lawsuits—is focused on residential real estate transactions. That means most commercial transactions will not be affected.
  2. In many markets, commercial listings appear in commercial information exchanges (CIEs) and not multiple listing services (MLSs), and do not include an offer of compensation.
  3. The settlement prohibits offers of compensation on an MLS and requires MLS participants working with buyers to enter into written agreements with their buyers. These practice changes will go into effect around late July.
  4. For properties listed on an MLS, offers of compensation continue to be an option consumers can pursue off-MLS through negotiation and consultation with real estate professionals—as is the case for most commercial transactions.
  5. In addition, sellers can offer buyer concessions on an MLS (for example—concessions for buyer closing costs, tenant improvement allowances, etc.) provided that such concessions are not conditioned on the use of or payment to a buyer broker.
  6. For all transactions, the types of compensation available for buyer/tenant brokers continues to take multiple forms, depending on broker-consumer negotiations.
  7. For all real estate professionals, compensation would continue to be negotiable and should always be negotiated between agents and the consumers they serve.

 

Q&A

1.    Are REALTORS® who deal in commercial real estate covered under the terms of the agreement?

The settlement does not distinguish between REALTORS® who deal in commercial real estate from those who work in residential real estate.


If you are an NAR member, you are covered by the settlement unless:

  • You are an employee of: At World Properties, LLC; Compass, Inc.; Douglas Elliman, Inc.; Douglas Elliman Realty, LLC; eXp Realty, LLC; eXp World Holdings, Inc.; Hanna Holdings, Inc.; HomeSmart International, LLC; Howard Hanna Real Estate Services; Keller Williams Realty, Inc.; Real Broker, LLC; The Real Brokerage, Inc.; Realogy Holdings Corp.; Realty ONE Group, Inc.; Redfin Corporation; RE/MAX, LLC; United Real Estate; or Weichert, Realtors® OR
  • You are an independent contractor or employee associated with HomeServices of America or one of its affiliates.

 

2.    What do these practice changes mean for commercial practitioners? 

The proposed settlement agreement—like the Sitzer-Burnett lawsuit and the copycat lawsuits—is focused on residential real estate transactions. That means most commercial transactions will not be affected.


In many markets, commercial listings appear in commercial information exchanges (CIEs) and not multiple listing services (MLSs), and do not include an offer of compensation.


The settlement prohibits offers of compensation on the MLS and requires MLS participants working with buyers to enter into written agreements with their buyers. These practice changes will go into effect around late July. 

2026 Legislative Session Scoop - Week 2 Recap

By Louisiana REALTORS® • March 20, 2026
With legislative work wrapped for week two of the session, here is your look back at what took place inside the halls of the Capitol. This week was defined by one major theme: workforce. Across both chambers, lawmakers moved a substantial package of measures focused on workforce development and reforms to Louisiana’s labor and workers’ compensation systems. House Labor Committee One of the busiest areas of activity was the House Labor Committee, which met Thursday morning and took up a slate of bills tied to employment policy, workforce structure and independent contractor issues like measures on portable benefits. The committee’s work underscored the broader push this session to modernize Louisiana’s workforce. Workers’ Compensation Reform The conversation around workers’ compensation reform also gained serious momentum. On the House side, additional labor-related bills addressed independent contractor definitions and other employment law issues. This week marked one of the first major pushes of the session on labor and workforce policy. House & Governmental Affairs Beyond labor-focused legislation, activity also continued in other key committees. In the House & Governmental Affairs Committee, lawmakers advanced multiple bills dealing with the timing of bond and tax elections. Tax, Commerce and Property Looking back at the broader week-two agenda, the Legislature also began considering several tax, commerce, and property-related measures, including proposals impacting property tax assessments, homestead exemptions, and the issues affecting private property. While workforce dominated the week, these issues are starting to gain traction as the session moves forward. A portion of our legislative package will be heard next week as HB 468 moves to the House Commerce Committee and HB 292 moves to the House Civil Law and Procedure Committee. Be on the lookout for any potential calls-to-action for these, or any other upcoming bills. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.

2026 Legislative Session Scoop - Week 1 Recap

By Louisiana REALTORS® • March 13, 2026
Louisiana’s 2026 Regular Session opened this week with several developments that matter directly to REALTORS ®, property managers and housing providers, alongside some broader political shifts worth watching. HB 292: Security Deposit Return Timelines Rep. Delisha Boyd’s HB 292, which addresses procedures for returning residential security deposits, was deferred to next week. This provides additional time for stakeholders to engage with members on practical impacts for lease administration, move out inspections and documentation standards. We’ll continue working to ensure any changes to deposit law are clear, workable and do not expose housing providers to unreasonable liability. Land Use and Development: St. James Parish Decision The Louisiana Supreme Court’s recent St. James Parish decision significantly tightens the standards for overturning local land use decisions, reinforcing that zoning and permitting authority rests with parish and municipal governments as long as their decisions are not arbitrary or capricious. For real estate and development, that means more predictability if projects are aligned with adopted plans and ordinances, but also higher stakes in local elections, planning processes and parish-level negotiations. Governor’s State of the State In his State of the State address, Governor Jeff Landry reiterated his push to phase out the state income tax, expand the LA GATOR and MJ Foster scholarship and workforce programs, and replace vehicle inspection stickers with a QR code system. These programs frame a debate around long-term competitiveness, workforce readiness and household cost of living which are all key drivers of housing demand and migration patterns. Business & Market Trends The business community is focusing the session on insurance, workforce and energy. Commercial and property insurance costs remain a top concern for employers and property owners, and we are monitoring civil justice and insurance reform proposals that could affect market stability and availability. At the same time, Louisiana is seeing more than $100 billion in announced industrial and data center projects, which could reshape local markets, labor conditions and housing needs in multiple regions of the state. Please view the weekly bill tracking report at the link below provided by our lobbying team over at Harris, DeVille and Associates.
Real estate agent showing a couple a tablet, possibly displaying property details in a bright room.

How Policy Impacts Your Real Estate Pipeline: The Direct Link Between Legislation and Listings

By Louisiana REALTORS® • March 11, 2026
Stay ahead of the Louisiana housing market by understanding how legislation impacts listings, inventory, buyer qualification, and long-term real estate growth.
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