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The NAR Lawsuit Will Transform Real Estate Marketing: What Real Estate Agents Must Do Today To Prepare

The lawsuit against the National Association of Realtors (NAR) and other real estate companies will significantly transform the industry and impact real estate marketing. To recap, a Missouri jury found NAR and others liable for collusion to maintain commissions, resulting in a nearly $1.8 billion damages verdict. This amount could potentially triple since the jury found that the defendants had acted intentionally. Following this, a more extensive class-action lawsuit has been initiated seeking over $100 billion in damages on behalf of US home sellers who paid commissions over the last four years.

The lawsuit revolves around the buyer-broker commission rule, which mandates that sellers’ agents must compensate buyers’ representatives as a prerequisite for listing a property on a multiple listing service (MLS). The plaintiffs contested that this industry norm amounted to a conspiracy, forcing sellers to bear a commission that buyers should shoulder.

The potential impacts of this lawsuit on the real estate industry are multifaceted. It could reshape buyer representation agreements and commission structures, affecting agents, brokers, and buyers. Commercial real estate practices may also undergo significant transformations. Barriers to entry in the industry could become more challenging, impacting newcomers seeking to establish themselves in the field.

For real estate marketing, the implications are substantial. Listing agents and brokerages must adapt their reputation management strategies and find innovative ways to market their listings effectively. Digital platforms and online marketing will become even more critical for agents, providing a broader reach and the ability to command higher commissions.

What Real Estate Agents Must Do Today

In light of the lawsuit, it’s more important than ever for real estate agents to adapt and evolve their marketing strategies. Embracing digital platforms and innovative marketing approaches is key to developing a strong personal brand, expanding networks, and maintaining effective engagement with clients. The following list provides actionable advice for real estate agents seeking to navigate this shifting landscape, ensuring they remain competitive and relevant in an industry undergoing significant transformation.

  • Enhance Online Presence: Real estate agents should create and regularly update a professional website showcasing their expertise and listings. This website should be optimized for search engines to improve visibility. Regular blog posts offering valuable real estate insights, tips, and market trends can attract and engage visitors.
  • Leverage Social Media Platforms: Utilizing social media platforms effectively is crucial. Real estate agents should identify and actively use platforms their target audience frequents, such as LinkedIn, Instagram, or Facebook. Sharing informative content, industry news, and updates about listings can enhance engagement. Prompt responses to comments and messages are essential to maintain an interactive online presence.
  • Utilize Video Marketing: Video marketing is becoming increasingly important in real estate. Creating property showcases, virtual tours, and expert advice videos can significantly enhance marketing efforts. Hosting webinars or virtual events to educate potential clients about market trends can also be beneficial.
  • Implement CRM and Marketing Automation Tools: Using CRM software helps manage client data, track leads, and personalize communication. Marketing automation tools can streamline repetitive tasks like email campaigns and social media posts, making marketing efforts more efficient.
  • Develop a Strong Content Marketing Strategy: Producing high-quality, relevant content that addresses the needs and questions of the audience is critical. Real estate agents should use various formats like articles, infographics, and videos to cater to different preferences and enhance engagement.
  • Invest in Targeted Advertising: Targeted advertising platforms like Google Ads and Facebook Ads can be used to reach specific demographics and interests. Monitoring and analyzing ad performance is crucial for refining marketing strategies.
  • Engage in Email Marketing: Building an email list for regular newsletters and personalized offers is an effective way to maintain contact with clients. Segmenting this list allows for more tailored and relevant communication.
  • Encourage and Respond to Online Reviews: Actively seeking client feedback on platforms like Google Business and responding professionally to all reviews can significantly impact an agent’s reputation and credibility.
  • Participate in Online Communities and Forums: Joining and actively participating in real estate forums and groups can help real estate agents build credibility and network. Sharing expertise and answering questions in these forums can establish a realtor as a knowledgeable and trustworthy professional.
  • Stay Informed and Adaptable: It’s going to be crucial to keep abreast of industry news and developments, especially regarding the lawsuit and its implications. Real estate agents should be prepared to adapt their strategies in response to changes in the industry.
  • Focus on Personal Branding: Developing a unique value proposition (UVP) and sharing personal stories and experiences can help agents connect with their audience and set themselves apart in the industry.
  • Network with Other Professionals: Networking with other agents, industry experts, and local businesses can provide opportunities for collaboration and growth. Attending both virtual and in-person networking events can enhance a agent’s network.
  • Utilize Data and Analytics: Analyzing data from websites, social media, and CRM systems can provide valuable insights into client behavior and preferences. These insights can inform more effective marketing strategies.
  • Offer Virtual: Virtual tours, virtual property showings, and virtual consultations can cater to remote clients, expanding a agent’s reach and service offerings.

By incorporating these strategies into their business practices, real estate agents can effectively navigate the evolving real estate industry landscape and maintain strong relationships with their clients in a digitally driven market.


To effectively implement the strategies above and navigate the evolving landscape of real estate marketing, realtors can turn to comprehensive solutions like AgentSauce. AgentSauce offers a platform that can help realtors fulfill these digital strategies effectively.

Their platform provides tools for CRM and marketing automation, enabling realtors to manage client relationships efficiently and automate various marketing tasks. With features like email marketing, social media integration, and analytics, AgentSauce can assist in enhancing online presence, engaging with clients through targeted marketing, and analyzing the effectiveness of marketing campaigns. Its user-friendly interface makes it convenient for realtors to manage their marketing efforts seamlessly, from content creation to lead tracking and client engagement.

For realtors looking to stay ahead in a digitally-driven market, exploring AgentSauce’s offerings is a step towards achieving their marketing goals.

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Adam Small

Adam Small is the CEO of AgentSauce, a full-featured, automated real estate marketing platform integrated with direct mail, email, SMS, mobile apps, social media, CRM, and MLS.

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