Legal FAQs

Sitzer judge grants preliminary approval for NAR settlement Judge Stephen R. Bough ruled that the sweeping changes NAR agreed to were “fair, reasonable and adequate,” and set a final approval hearing for November. https://www.inman.com/2024/04/23/sitzer-judge-grants-preliminary-approval-for-nar-settlement/?utm_source=newsflash&utm_medium=email&utm_campaign=newsflash&utm_content=1025536_readmore_0_19700101&message_id=35132351.78736 The National Association of REALTORS® is America’s largest trade association, representing more than 1.5 million members involved in all aspects of… Continue Reading Breaking News: Inman

South Carolina Lawsuit Update As you may know, since the jury verdict in the Sitzer-Burnett case in Missouri, dozens of new lawsuits were filed all across the country, including one commission lawsuit in South Carolina in November last year. The NAR legal team often refers to these lawsuits occurring across the country as "copycat lawsuits"… Continue Reading SC Lawsuit Update

https://cdn.nar.realtor/sites/default/files/documents/nar_realtor_safety_safe_listings_form_2023_06_26.pdf The National Association of REALTORS® is America’s largest trade association, representing more than 1.5 million members involved in all aspects of the residential and commercial real estate industries. The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and… Continue Reading NAR Safe Showings Form

Following NAR input, buyer agent commissions not counted among IPC limits The National Association of REALTORS® influenced a significant clarification from Fannie Mae and Freddie Mac, with the entities confirming that buyer's agent commissions will not count as part of the interested party contributions limits. This guidance follows a nationwide settlement facilitated by NAR concerning… Continue Reading NAR Helps with Fannie & Freddie Issue

https://www.nar.realtor/magazine/real-estate-news/scotus-rules-in-favor-of-owners-in-property-fee-dispute?utm_term=A535F674-1FE5-4DE7-86BF-2B71C40DD9BA&lrh=f3d3398596de554c8ce28d0171fc77ec79f4cbe447d90ba1a9b8eade908d8477&utm_campaign=3BFA9068-DFBC-477B-BC94-C168B9A999F1&nwsltr=navnar&utm_content=0F63F11B-AB1C-484C-92B0-36224952BB5D The National Association of REALTORS® is America’s largest trade association, representing more than 1.5 million members involved in all aspects of the residential and commercial real estate industries. The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and… Continue Reading US Sup Ct on Hefty Impact Fees

SETTLEMENT ANSWERS What is the mechanism for non-association MLSs to obtain releases of liability in seller litigation? For MLSs that are not wholly owned by a REALTOR® association, the agreement includes a mechanism to obtain a release efficiently if they so choose. Broadly speaking, the agreement provides two paths: The MLS can elect to pay… Continue Reading NAR Settlement – MLS Not REALTOR(R) Owned

https://www.inman.com/2024/04/12/judges-decline-to-centralize-commission-lawsuits/?utm_source=newsflash&utm_medium=email&utm_campaign=newsflash&utm_content=1024355_readmore_0_19700101&message_id=35017945.78741 The National Association of REALTORS® is America’s largest trade association, representing more than 1.5 million members involved in all aspects of the residential and commercial real estate industries. The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and… Continue Reading Consolidation News

NAR on the unauthorized practice of law and risk management: https://www.nar.realtor/videos/window-to-the-law/avoiding-unauthorized-practice-law The South Carolina Supreme Court decides what is the practice of law and what is the unauthorized practice of law in South Carolina. In the past, the South Carolina Supreme Court has stated that the closing of real estate deals is the practice of… Continue Reading SC Felony Crime: Unauthorized Practice of Law. (NAR Window to the Law)

More telemarketing lawsuits ensnare agents, brokerages The FCC is stepping up enforcement of the Telephone Consumer Protection Act and the National Do Not Call Registry. Some real estate pros are being accused of unlawfully using telemarketing calls and texts for promotional purposes. Here's how to stay out of legal trouble. Full Story: REALTOR® Magazine (4/9)… Continue Reading NAR Magazine: Comply with Do Not Call Laws Before Calling (Similar Text and Email Issues)

SETTLEMENT ANSWERS What were the key factors that influenced NAR's decision to choose the legal path it did to settle seller litigation? NAR explored settling throughout the litigation and carefully considered the other legal options available. These included: Appealing: A win on appeal would only have addressed the verdict in the Sitzer-Burnett case (not any… Continue Reading REALTOR(R) Magazine on Settlement