What Changed With Real Estate Commissions in Colorado After the NAR Settlement?

What Was the Lawsuit About?

The lawsuit, known as Sitzer/Burnett, argued that the NAR's rules effectively forced home sellers to pay buyer's agent commissions without meaningful ability to negotiate or opt out. Sellers were required to offer buyer's agent compensation through the MLS as a condition of listing, which plaintiffs argued artificially inflated commission costs and reduced transparency.

A jury agreed, and the resulting settlement required the NAR to eliminate those mandatory offer rules.

What Changed for Sellers?

The biggest change is that sellers are no longer required to offer buyer's agent compensation through the MLS. Before August 2024, every home listed on the MLS had to include a buyer's agent compensation offer. That requirement is gone.

What this means in practice:

• You can choose to offer buyer's agent compensation, offer nothing, or offer a flat dollar amount.
• Buyers and their agents negotiate compensation separately through a buyer representation agreement.
• Buyers can ask sellers to cover their agent's fee as part of the offer, but sellers can decline.
• The total commission structure is now more transparent and more negotiable on both sides.

Does This Mean Sellers Pay Less Commission?

It can, but it is not automatic. Sellers who still want to attract buyer-represented offers often continue to offer compensation to make their home more accessible to buyers who cannot afford to pay their agent directly. In competitive markets, offering something reasonable to buyer's agents can still make strategic sense.

What the settlement does guarantee is that sellers have more choice. The mandatory offer rule is gone. What you offer, if anything, is now a business decision you make with your listing agent.

What Has Not Changed

The listing agent's commission is still entirely separate from the buyer's agent question. What you pay to the agent who lists and sells your home is determined by your listing agreement. That has always been negotiable and remains negotiable today.

If your listing agent is still quoting 2.5% to 3%, the NAR settlement did not change that. You still have the right to shop around and choose an agent who charges less.

How LOGO Real Estate Approaches This

At LOGO Real Estate, the listing fee is 1% regardless of what the NAR settlement did or did not change. The model has always been built around the idea that sellers should keep more of their equity. The settlement moved the industry in the right direction. The 1% model was already there.