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NAR’s Chief Legal Counsel Reveals Path Forward
At RISMedia’s CEO & Leadership Exchange, Katie Johnson also explained other potential legal pitfalls brokers need to have on their awareness dashboard.
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In my opinion, the NAR legal team mishandled a relatively straightforward case. Instead of contesting the lawsuit, they chose a settlement, seeking over 30% from the involved companies, despite claims that a 5-6% realtor commission was already excessive. Contrary to common belief, owners never paid commissions to the selling company. After the lawsuit was filed, the NAR President retired suddenly, and the subsequent search for a replacement, who faced their own challenges, appeared hasty. The organization is now trying to resolve what seems to be a permanent issue, reflecting poor management. Suddenly, there are commercials advocating for Realtors and policies aimed at damage control. The overcomplication is astonishing. Moreover, regarding rentals, legal experts say the lawsuit did not change how rental listings are handled by agents, yet the MLS systems in MD, DC, and VA (BrightMLS) have chosen to eliminate full commission disclosure. This leaves Realtors without a reliable way to disclose referral fees or commissions, pushing them towards verbal cash deal discussions and potentially more lawsuits. The situation was managed terribly.