NAR Statement on DOJ’s Withdrawal from Settlement Agreement Regarding MLS Rules

In an unprecedented move, the Department of Justice withdrew its consent to the settlement agreement reached in 2020, which had resolved issues raised by the DOJ about brokerage commissions and the MLS system. Please see below for the official NAR statement on the matter:

“This is a complete, unprecedented breach of agreement by the Department of Justice to withdraw its consent from a fully negotiated settlement that had been approved by the head of the Antitrust Division and we had begun to implement. The National Association of REALTORS®’ rules and policies have long sought to ensure fair and competitive real estate markets for home buyers and sellers. Grounded in our commitment to act in the best interests of buyers and sellers, we regularly update our rules and policies to protect consumers and provide transparency. NAR has fulfilled all of our obligations under the settlement agreement and now DOJ is inexplicably backing out. If the Department does not live up to its commitments under the terms of the agreement, we are confident in our pro-consumer and pro-competition policies.”

Additionally, Leslie Muchow, NAR Deputy General Counsel and Vice President of Legal Affairs and Antitrust Compliance, issued the video statement below:

Please note that the FAQ and other information on the page above were posted prior to the withdrawal of the DOJ from the settlement and are no longer valid.

Furthermore, on Monday, July 19, NAR President Charlie Oppler wrote an op-ed, which was published by RISMedia promoting the real estate industry’s compensation model and multiple listing service while explaining their pro-consumer benefits.

"Commissions for real estate agents and brokers are negotiable. Always have been. Always will be. Let’s put that on the table right now,” Oppler writes in the op-ed, which was published by leading industry publisher RISMedia on Monday. “It’s the free market at work, and the reality is that the commission structure gives everyday Americans critical advantages they otherwise wouldn’t get. That structure is what ultimately makes it possible for many people to realize the dream and benefits of homeownership.” Click here to read the entire piece >>