Executive Summary

The Sitzer/Burnett settlement has been approved as of November 26, 2024, settling the class action claims related to broker commissions. NAR’s goal was to protect as many NAR members as possible while preserving consumer choice in their approach to buying or selling a home. In addition to the practice changes that went into effect on August 17, 2024, NAR agreed to a settlement payment over the course of four years. Click here to view the Sitzer vs. NAR court documents. Click here to view the Burnett vs. NAR court documents.

Section 1: What does this mean for representing home buyers?

  • All MLS subscribers are now required to use written buyer representation agreements; failure to do so will result in disciplinary action.
  • The written buyer agreement must be in place prior to touring a home; this is considered “working with a buyer,” and establishes a relationship.
  • The written buyer agreement must detail agreed upon compensation for REALTORS® for their services.
  • NAR details FAQ’s for buyer representation, #’s 71-91, click here to see them expanded.


Section 2: What does this mean for representing home sellers?

  • Compensation may no longer be offered via the MLS. Compensation continues to be negotiable and may be offered off-MLS.
  • The settlement makes very clear that NAR continues to deny any wrongdoing related to the cooperative compensation model and MLS.
  • NAR’s FAQ page details seller representation in life, post settlement. Click here and look at #’s 44-70.


Section 3: Dos and Don’ts Post Settlement

  • DO be optimistic about these changes. They foster consumer choice. Clients buying or selling property will pick REALTORS® because of a reputation they can trust and verify. As a part of the NAR Code of Ethics, all REALTORS®'s primary responsibility is to put their clients’ best interests at the forefront.
  • DO continue to negotiate for your clients as well as your own business. No one has ever asked you to work for free; your value as a REALTOR® will influence your compensation. Being a great negotiator is critical for alternative compensation such as a fixed fee paid by buyer(s), concessions from seller(s) or a portion of listing broker compensation.
  • DO be creative with your negotiations. Waiting for a paycheck has not always been feasible for some. Compensation can come in many forms, an hourly rate, flat fee or a percentage of the purchase price. More options give you and your buyer more solutions.
  • DO what others won’t. The practice changes may include adjustments to your business practices. “The old way of doing things,” is out. Be nimble, make decisions independently or with the counsel of your Designated Managing Broker to compete in this changing landscape. Capitalize on the opportunity created by the NAR settlement because that must be your mindset: opportunity is now.
  • DON’T panic about these changes. Education and information remain in your best interest. Perhaps now more than ever before, the REALTOR® with the best information will offer their clients the most competitive edge. Mainstreet offers education courses and networking events year-round to ensure our members have the most up-to-date coursework possible from top-flight instructors. We want you to be the go-to resource for agents in your office as well as your clients, because that’s what we are here for - our members. Click here to view our upcoming courses and event calendar to register for a class you need.
  • DON’T cancel your Mainstreet REALTORS® membership. It is perfectly natural to feel mixed emotions about the NAR settlement but it was also designed to protect you. REALTORS® are a trusted source of advice and stand ready to help clients navigate their real estate journeys and help their clients make choices that work best for them. We have your back, like always.
  • DON’T try to cut corners. That is a one-way ticket to the wrong kind of attention and possible consequences. Ideas like creating your own website to list offers of compensation for your marketplace’s listings or a database to house this kind of information could potentially result in discipline. Follow the rules and stay consistent.
  • DON’T be a social media crusader. Comments agreeing to fix any amount of compensation or discussions regarding collusion in the comment section of a colleague’s social media post could appear as violations of federal anti-trust laws for price fixing. You may not think it was serious but facts are facts; those comments on social media can be used to levy millions of dollars in fines for an individual and more for corporations. Let’s just scroll past that idea, huh?


Section 4: Consumer Transparency

  • Prospective home buyers and sellers may sit on the opposite sides of the table but they do sit at the same table. Meaning, both parties deserve a fair and honest representative negotiating for their best interests. Moreover, consumers choose to work with REALTORS® because of that fairness. Buyers want the best price and interest rate possible. Sellers want to earn a big return on investment after selling their home. It is up to their REALTORS® to ensure this happens.
  • Additional forms, such as the now mandatory buyer representation agreement, make the most complicated purchase of most people’s lives that much clearer. These agreements leave no room for open-endedness. In fact, the NAR settlement states it specifically: “no open-ended compensation.” Buyers will see in black and white exactly what they are paying their Mainstreet REALTOR® to do.
  • Buyers and sellers have more in common than they have differences. Namely, communication about the buying or selling process; specifically with the first-time home buyer. Buying a house or condo is a massive influx of new information and procedures, from touring and making offers to earnest money and home inspections. REALTORS® offer guidance, advice and suggestions about offers and subsequent negotiations. The transparency baked into this adventure is paramount to making it to the closing table. Consumer trust is impossible to substitute. Click here to view Mainstreet's Laws and Standards page for REALTORS®.


Section 5: Industry Shifts

  • The NAR settlement has added a greater need for buyer transparency. The need for increased communication has further emerged as the compensation conversation onus rests on the REALTOR®. Questions like, “how will I get paid?” have rarely been a question before now. Life post NAR settlement is different. You MUST be upfront about outlining your professional services and what you will be paid for those services.
  • It is a real possibility that a buyer and their REALTOR® will not know how much compensation a seller may be willing to offer, if at all. This reinforces the need to create greater transparency for our buyer clients. A buyer must understand how compensation will impact their offer and negotiations.
  • Similarly, a seller also deserves to have an outline of your professional services and what you will be paid for those services. This includes how offering compensation (or lack thereof) could impact the pool of potential buyers, how and where to market that compensation and how compensation might impact the offers received. These are all at their discretion and guided by a REALTORS® expertise.


Section 6: What are “Minus Fees”?

In this context, “minus fees” are fees that a brokerage may charge to reduce the compensation owed to another brokerage. When compensation was offered through the MLS and a minus fee was applicable, it was deducted from the listing brokerage ‘s payment of compensation to the buyer brokerage. Now that compensation is no longer offered through the MLS, these fees may still appear but have become more confusing, depending on how compensation is agreed upon and by whom. 


When dealing with “minus fees” all parties — buyer, seller, listing broker and buyer broker — must understand the following:


  • Who is the agreement for compensation between?
  • If the listing brokerage continues to offer compensation to buyer brokerages and the listing brokerage charges a “minus fee,” this fee should be reflected in any compensation agreement between the listing and buyer brokerages.
  • Please note that a buyer brokerage can negotiate compensation offered from a listing brokerage. Especially when the minus fee may impact their buyer client financially, based on the compensation reflected in any written buyer representation agreement.
  • If the seller is offering compensation and that compensation is reflected in a contract to purchase, the agreement for compensation exists between the buyer and seller NOT the listing brokerage and buyer brokerage.
  • When a buyer and seller agree to a different compensation amount than what is reflected in a listing agreement, or a buyer representation agreement, the buyer and seller need to address that difference with their REALTOR® and attorney based on their contractual representation agreements. When in doubt, ask your attorney.
  • It is NEVER appropriate for a REALTOR® to change the compensation amount to add or remove a minus fee without the express written consent and agreement of the buyer and seller, since the agreement for compensation is reflected in their purchase agreement.


Section 7: Illinois License Law Changes

  • Illinois will also be following suit with changes to the Real Estate License Act of 2000, taking effect Jan. 1, 2025. All real estate licensees will be required to use written brokerage agreements when they act as agents for all types of real estate brokerage business, including with buyers in residential sales transactions, as required by the NAR settlement.


Continue to visit NAR’s website: nar.realtor/the-facts for the latest updates related to the settlement and how the practice changes may continue to shift our industry. Mainstreet REALTORS® is committed to ensuring that you have the most up to date information and tools possible to address the impact to your business and to the consumer. 





More Blog Posts


Media Center

By John Gormley -CEO, Mainstreet REALTORS® November 14, 2025
This headline poses a big question. I’m not sure. Let me ask Chat GPT. (Just kidding). Aside from the larger question – should we even take an overall For or Against position on AI? – it’s important for us to understand how REALTORS® and consumers are already using AI technology in real estate. More importantly, we need to know how to advise Mainstreet members on the pros and cons of using AI in their businesses. For example, we know that roughly two-thirds of all real estate agents in the U.S. have used AI (mostly Chat GPT and similar tools) at least a little. And about half of those use AI to create listing descriptions/marketing content. The downside? This AI-generated content could be problematic if it’s not checked and edited for accuracy and fair housing compliance. On top of that, you could be in further danger if you’re using free versions of AI tools. Because you’re probably contributing to someone else’s content and security; not your own. [1] Here’s a quick list of how REALTORS® are using AI: Listing copy + marketing content: Writing listing descriptions, social posts, email nurture, open-house blurbs. Tip: Feed the model structured property facts, fair-housing guardrails and your voice to stay compliant and on-brand (Source: NAR ). Rapid creative for visuals: Using virtual staging, enhancement, video scripts and reels to showcase home features when full staging and video budgets aren’t feasible. Tip: Combine with clear disclosure to avoid misrepresentation (Source: TheRealEstateTrainer.com ). Follow-up and CRM hygiene: Drafting first-touch replies, lead-routing snippets and task summaries, then handing off to your CRM. (Source: NAR ). Market prep and comps support. Outlining CMA talking points and neighborhood briefs that you verify with MLS data. AI is a prep assistant, not the source of record. It’s time saving and client-experience enhancing. Tip: Use AI to assemble, then validate. (Source: NAR ). For the last several years, Mainstreet has produced and hosted our own in-person tech and marketing conference, Propel, with a focus on AI. Moreover, we’ve made a sizable investment in big tech for our members, launching a new digital experience on the Membio platform including MainstreetRealtors.com, the MyMainstreet member portal and a consumer listings website, ChicagolandHomes.com . The Membio platform is always evolving and changing and will increasingly incorporate AI technology to deliver better service and free leads to our 19,000 members. We’re also ramping up the use of other AI tools in our communications and marketing work, notably with video. Coming this December, our own Carrie Little is teaching the three-hour CE course – Innovation of Real Estate: Embracing AI, Ethics, Digital Marketing and Data. Fittingly, we’re offering this via Zoom. Coming back around to the question of, “why do we at Mainstreet REALTORS® care about how AI is used in real estate?” The answer is related to our Big Why: Mainstreet empowers every member to define and achieve their goals. If AI can help you achieve your goals faster – and if you use it wisely, it certainly can – then we care about that. Because we care about anything that can make you more successful (while also keeping you out of trouble). We’re obsessed with what works. The live virtual mastermind that I was part of featured Chris Smith as keynote speaker. He said that empathy is the new currency. Meaning that when virtually (no pun intended) everyone in real estate ends up using AI to do basic research and writing, automate tasks and save time and money – you can still differentiate yourself by being human. That’s good news. “Average is over,” said Smith. “Create memorable moments.” That’s exactly what we’re about at Mainstreet REALTORS®. We’re here to give context and clarity to our ever-changing real estate landscape. And give you opportunities to learn, grow and thrive. Whether that’s learning more about AI – sign up for Carrie’s course! – or engaging in some other way in our diverse and forward-thinking community. As I said at Propel two summers ago, I’m a big sci-fi fan. I love the Terminator and Matrix movies. But I don’t believe technology is here to usher in doomsday. It’s here to be a tool that we can all better understand to help us do our work. John Gormley is CEO of Mainstreet REALTORS® [1] This list was created using ChatGPT
By Wesley Rusick November 13, 2025
Mainstreet HQ, Downers Grove Campus – November is the time to show gratitude for all we have. Cherished traditions and time spent with loved ones can be taken for granted as those in need struggle to experience a season of giving. We are proud to announce the November Food Drive aimed at supporting local families as part of a larger partnership with Northern Illinois Food Bank, West Suburban Community Pantry and Tinley Park Food Pantry. Here at Mainstreet REALTORS® we are always looking for ways to embrace the communities that comprise our membership. This month our efforts focus on a Food Drive to provide families in need with nutritious options for their holiday meals. In cooperation with our own internal efforts collecting non-perishable food from our staff and their families, Mainstreet is honored to announce a trifecta of partners supporting our November Food Drive. Read about each of our partners below and learn how you can be a part of our Food Drive because small acts of generosity can make a big difference. Click on the names of each pantry to donate monetarily. Anyone who wishes to donate food may drop off all non-perishable items at any of the Mainstreet REALTORS® campuses, Monday to Friday 8:30 a.m. to 5 p.m. from now until November 21. Click here to view the itemized list of consumables needed most. Northern Illinois Food Bank – “At Northern Illinois Food Bank, they focus on delivering food and healthy eating services to the Northern Illinois community. As part of the national Feeding America network, they serve neighbors in 13 counties by providing 250,000 meals per day at four different distribution centers.” West Suburban Community Food Pantry – “West Suburban Community Pantry (WSCP) creates opportunities for neighbors to thrive by providing nourishing food and access to supportive resources. Serving 1,000 families each week in Fiscal Year 2025, WSCP is integral to helping people in DuPage and Will Counties receive the nutrition they need to lead full lives. They work to break down barriers to food assistance, implement new services to best help people in our community, encourage volunteerism and educate about existing needs.” Tinley Park Food Pantry – “The Tinley Park Food Pantry was started in 1982 by Stan Slack in the United Methodist Church with the purpose of assisting poverty level families who reside in Tinley Park and Orland Hills via a weekly distribution of food that has occurred every Wednesday since the TPFP's inception. They currently serve 50 families a week (160-170 people).”
By Lynnette Mock October 22, 2025
Half a Century of Service:  Mainstreet REALTORS® Reach 50-Year Milestone
By Wesley Rusick October 14, 2025
Mainstreet REALTORS® HQ, Downers Grove – For the third consecutive year Mainstreet REALTORS® applied for and earned the highest level of accreditation from NAR for our Commercial Services division, displaying steadfast dedication to all things related to commercial real estate advocacy. From 1958 to 1969, the Boston Celtics won 8 straight NBA championships. In 1978 and 1979 the Pittsburgh Steelers won back-to-back NFL Superbowl trophies. In the 1990’s, the Chicago Bulls won three NBA titles in a row, twice. While it may be an exaggeration, the fact remains: from 2023 to 2025/2026 Mainstreet REALTORS® has been awarded three straight Diamond Accreditation Awards for Commercial Services from NAR. “What is the NAR Diamond Accreditation Award for Commercial Services?” Glad you asked. There are three levels to the accreditation: gold, platinum and diamond. NAR has benchmarks, or requirements that each association must demonstrate to achieve a higher accreditation. For instance, diamond level requires a minimum of 41 benchmarks. These requirements range from commercial real estate advocacy efforts to educational opportunities to community presence. All the benchmarks factor into the most important aspect of the diamond award: creating a thriving commercial division at Mainstreet REALTORS® for agents in any stage of their career. All of this to say, if you are new to real estate and need a place to get your foot in the door or you have been in the industry for years and are looking for a change, Mainstreet REALTORS® is the place to be. We have year-round educational classes, specialized seminars, subject matter experts, keynote speakers and a community manager dedicated to the needs of anyone in the commercial real estate arena.
By Todd Felker - Event and Sponsorship Specialist September 5, 2025
Sponsoring a Mainstreet REALTORS® Event Increases Visibility and Connections
By Lynnette Mock August 13, 2025
Where Will You Be October 2?
By Tim Rios August 12, 2025
In commercial real estate, our primary means of prospecting are phone calls and drop-ins. The fact is the opening seconds of those interactions are going to be awkward, and there is really nothing you can do about it. You must be able to endure the pressure and tension of those moments. Trying to avoid it will only limit your success or derail your career entirely. The goal is not to eliminate the awkwardness in the opening moments of a sales call; it is to shorten the duration of the awkwardness. How do we do that? Hang up quickly. Just kidding. We accomplish that by answering the three burning questions in the prospect’s mind. Who are you? This is common courtesy, but I’m surprised at how often I hear salespeople skip the introduction. I’ve heard the reasoning that being casual and assumptive makes the prospect think maybe they know you already and keeps them on the line. Let’s assume for a minute that works, which I’m not sure it does, it is deceptive. The prospect will eventually realize they don’t know you, and now you have begun the relationship on a manipulative note. Please, just tell them who you are. What is this regarding? One of the most common complaints I received when I was managing brokerage offices was prospects accusing an agent of “bait and switch.” The agent might have called claiming to have a buyer for the property and very quickly pivoted to a discussion about an exclusive listing to market and sell. Being clear about the purpose of your call doesn’t preclude you from changing topics if the client takes you there. However, be up-front and clear about the purpose of your call. Is this worth my time? For the prospect to answer this question positively, the purpose of your call needs to be actionable. This is where it gets trickier. Transactional calls like, “are you planning on buying or selling within the next 12 months” only capture prospects who have already identified that need. Generic calls like, “what are your plans with your property in the next six months” are easy for the prospect to shut down. They weren’t expecting your call let alone a property brainstorming session. A more universal approach is to offer up something of value with only one expectation of the prospect – give me a few minutes of your time. What do people value in the opening moments of a sales call? Time, money, or satisfying curiosity. One quick personal example; yesterday I got a postcard in the mail informing me my neighbor’s house closed escrow. The agent invited me to call for more information. I have no plans to sell my house, so I’m not going to call. But what if he had called me or knocked on my door? I would have absolutely wanted to know, and it could have been the beginning of a relationship. The same is true for the best commercial real estate brokers. The most successful are harvesting the fruits of relationships begun and nurtured over the course of many years. If you can stand some momentary embarrassment, this business is a phenomenal place to be. We all know what it’s like to be on the other end of a cold call. It is nearly impossible not to feel little irritated at the intrusion. But the best brokers don’t apologize for making the call; they simply know how to get to the point quickly. Once identity, purpose, and value are established, the tension will fade. To see and hear more content from Tim Rios and commercial events, register for the upcoming 2-day seminar, click here for details and registration.
People at a networking event.
By Marsha Collins-Mroz December 18, 2024
Mainstreet's global ambassadors traveled to India and Toronto to advance our association's interests on the world stage in the fall of 2024.
The NAR Diamond Commercial Accreditation Shield awarded to Mainstreet REALTORS®
October 11, 2024
Mainstreet REALTORS® earned the coveted NAR Diamond Commercial Accreditation Shield for the second consecutive year, a rare feat.