It is no secret that the National Association of Realtors (NAR) has faced its fair share of legal challenges over the past few years. From the commission lawsuits, to an investigation by the Department of Justice (DOJ) to lawsuits over the three-way membership agreement and the now defunct, optional no-commingling rule, NAR’s legal team has been busy.
As the association looks to regroup after these challenging few years, it looks to boost its focus on its legal risk mitigation efforts.
In its 2026-2028 Strategic Plan, which 2026 NAR president Kevin Brown refers to “as the first three years of our next 100 years of business,” NAR outlines two initiatives focused on mitigating and approaching legal risks and challenges.
These initiatives include things like analyzing and assessing legal risks and providing members, local associations and MLSs with legal resources and the education to do the same, as well as reducing litigation exposure and working with industry partners to garner favorable legal outcomes.
In its 2025 Annual Report, NAR outlined what it was doing to accomplish these initiatives. Efforts highlighted by the trade group included hiring a new general counsel, restructuring its legal department, working with an antitrust legal firm to review all NAR policies for potential legal risk, hosting a Legal Counsel Summit for Realtor Association attorneys and legal counsel, adopting a more strategic approach to litigation and working with legal counsel representing brokers to foster stronger inter-industry relationships.
As examples of some of these measures at work, NAR highlighted the dismissal of three antitrust lawsuits over the summer and the Supreme Court’s refusal to hear an appeal of REX Real Estate’s lawsuit regarding the no-commingling rule. Additionally, the Annual Report also highlights NAR’s decision to repeal national MLS rules surrounding membership requirements, non-member access, training, orientations, service areas, open listings and IDX permissions, giving control to local MLSs and associations to promulgate rules and enforce policies.
While there is no doubt that this policy change is a good thing for NAR’s legal exposure, experts have warned MLSs and local associations that it could increase their potential legal exposure.
Looking ahead, NAR says it wants to further coordinate with legal counsel and industry partners to strengthen coordination and awareness regarding legal risks and to position itself as a thought leader in the legal and litigation space. As part of these efforts, NAR says it will survey its partners and stakeholders “to understand what comprehensive legal resources would help them manage and mitigate litigation risk.”
With the DOJ continuing to focus on agent commissions, NAR’s legal woes may not be in the rearview mirror just yet.
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