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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Monday, May 19, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will discuss the recent National Association of Realtors' (NAR) $418 million settlement and its significant impact on residential real estate transactions and even state legislation. The program will look at practice changes resulting from the settlement and discuss new considerations for contractual drafting and negotiation.

Faculty

Doug Miller
Miscellaneous

Mr. Miller is a real property law specialist with over 25 years of experience. He is the Executive Director of Consumer Advocates in American Real Estate, a non-profit 501(c)3 dedicated to consumer protection in residential real estate.

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Description

The NAR's recent $418 million settlement included certain practice changes in an effort to increase transparency that have had a significant impact on the real estate industry, particularly relating to how broker commissions are negotiated and disclosed. Counsel should understand the terms of the settlement and evolving state legislation to assist clients through residential real estate transactions.

Changes resulting from the settlement include: (1) the prohibition of compensation offers to buyers' brokers or representatives via the MLS service; (2) the required use of written agreements for all MLS participants working with a buyer prior to showing them property; and (3) the conspicuous disclosure to buyers and sellers that broker commissions are fully negotiable.

Listen as our expert discusses the NAR litigation and settlement that has shaken up the real estate industry. The program will examine the terms of the settlement and its nationwide impact including the effect on state law. The webinar will also address new negotiation and contractual considerations related to residential real estate transactions as a result of the settlement.

Outline

  1. Introduction: history of the litigation
  2. NAR settlement
    • Practice changes
    • Industry effect
    • Negotiation and contractual considerations
  3. State legislative impact
  4. What about commercial real estate?
  5. Best practices for negotiation and drafting

Benefits

The panelist will review these and other important considerations:

  • What are the terms of the NAR settlement? How has it impacted residential real estate transactions?
  • How does the NAR settlement change the way broker commissions are negotiated?
  • What are new contractual considerations of which counsel should be aware?
  • How has the settlement affected state legislation?