Are Zero-Fee Touring Agreements a Loophole in NAR’s Settlement?

Compliance expert Summer Goralik and Professor Tanya Monestier examine the growing controversy surrounding zero-fee touring agreements in real estate. These agreements, designed to allow buyers to tour homes without committing to broker compensation, are raising concerns about whether they undermine the National Association of Realtors' (NAR) commission lawsuit settlement.

Plaintiffs in the Sitzer | Burnett case argue that once a buyer signs a zero-fee agreement, agents cannot later negotiate different compensation terms. However, NAR’s general counsel, Lesley Muchow, suggests otherwise—claiming a subsequent agreement can determine final compensation when an offer is made. Critics, including Monestier, warn that this approach could reintroduce steering and diminish transparency, effectively maintaining pre-settlement commission practices.

This ongoing debate underscores broader uncertainties in the post-settlement market. If zero-fee agreements remain unchallenged, Monestier predicts further regulatory scrutiny and potential legal battles that could reshape industry practices once again.

Why This Matters:

Agents must navigate shifting policies while maintaining ethical practices. Understanding how these agreements impact transparency, steering, and buyer trust is crucial as the industry adapts to new legal and competitive realities.