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NAR Settlement FAQ

To ensure MARIS brokers and agents stay informed about the ongoing situation with the NAR settlement, we have developed the following list of frequently asked questions. Please check back often for more updates. MARIS is committed to keeping you fully informed during this time.

Buyer Agreements

Will MARIS require uploading Buyer Agreements for each property?

  • No, signed Buyer Agreements must be kept with your contract information at your office. MARIS will require copies of the signed agreement if/when an issue arises.

If someone sends me a Buyer Agreement, should I add this to “Supplements”? 

  • No, Buyer Agreements should never be added to "Supplements”.

When must a Buyer’s Agreement be signed?

  • MLS Participants working with a buyer must enter into a written agreement prior to touring a home.

Do I need a Buyer Agreement to provide a live, virtual tour to my client? 

  • Yes.

Who is responsible for policing the Buyer’s Agreement? 

  • The MLS operates best when our users help us identify incomplete or problematic data. MARIS will continue to rely on our users to help identify listings that need the attention of our Compliance Department.

If an MLS Participant hosts an open house or provides access to a property on behalf of the seller only, will they be required to enter into a Buyer’s Agreement with potential buyers touring the home? 

  • No, so long as the listing broker/agent represents only the seller. Your agency to the seller should be made clear to unrepresented buyers. Where permissible by law, if you create agency with a buyer, as well as the seller (Dual Agency),you will need a signed Buyer Agreement.

Compensation

What rule changes will affect the MLS? 

  • The Settlement requires MLSs to remove and eliminate the unconditional, unilateral, and blanket offer of compensation to the buyer brokers within the MLS the MLS rules, Bylaws, Participant, and Subscriber agreements.

Will MARIS handle compensation disputes? 

  • No, arbitration services offered by our Shareholder Associations are a valuable benefit of Association membership.

Will a listing agent be able to list their commission amount in the “Agent only Remarks”? 

  • No. The proposed settlement expressly forbids any offers of compensation between brokers to be offered in any field on the MLS. 

Can I add compensation or commission in “Supplements”? 

  • No. The proposed settlement expressly forbids any offers of compensation between brokers to be offered in any field on the MLS.

Will I be able to see historical compensation data in the MLS? 

  • No. The proposed settlement expressly forbids any offers of compensation between brokers to be offered in any field on the MLS.

Can I reference commissions, bonuses, or other payments in Matrix? 

  • No references to commissions or offers of compensation shall be in the MLS including but not limited to agent remarks, marketing remarks, supplements, and URLs.

Other links: The target web page to which this field links may provide further information about a listing in the MLS. The target web page must not, however, provide information predominantly related to any compensation the seller or listing broker is offering to potential cooperating brokers.

Can a broker use ShowingTime's client communication capability to communicate commission or compensation? 

  • ​No. ShowingTime receives an MLS feed. The terms of the settlement prohibit the MLS from creating, facilitating, or supporting any mechanism to make offers of compensation.

My seller has authorized me to make an offer of compensation to a buyer broker, where can I display the seller’s offer of compensation? 

  • The Settlement terms expressly permit the listing broker to display the offer compensation by their seller on their brokerage/agent website.

What should I do if I suspect compensation is being communicated through the MLS? 

  • If you suspect compensation is being communicated anywhere on the MLS, click the yellow triangle icon under the listing photo. This will allow you to alert our compliance department to review the listing information.

Where can I go for more updates about the commission lawsuits and the NAR settlement? 

  • MARIS will be updating these FAQ’s as new information becomes available. We recommend reviewing NAR’s own page of settlement resources here: https://facts.realtor/

Concessions

Does the NAR Settlement permit “pre-sale” seller concessions? 

  • Yes. Pre-sale seller concessions are expressly permitted in the terms of the Settlement so long as such concessions are not limited to or conditioned on the retention of or payment to a cooperating broker, buyer broker, or other buyer representative.

Can I use the seller concession field to offer a commission? 

  • No. The offer of a concession comes directly from the seller and the settlement terms expressly forbid the concession field or any other field being used as a surrogate for commission. 

Will MARIS offer a ‘pre-sale’ concession field? 

  • Yes, MARIS will be introducing a field called “Pre-Sale Seller Concession” by August 17. 2024. It will allow a simple “Yes/No” to indicate a seller’s willingness to offer concessions. It is optional and non-binding.

Does MARIS intend to change the existing “post-closing” concession field? 

  • Yes, MARIS will be working with this field regularly to determine the most effective way of gathering information post-sale.

Thank you!

MARIS

(Updated August 2024)