Sellers have filed suit in Federal Court claiming that NAR’s Buyer Broker Commission Rule (also known as the Participation Rule), which requires Listing Brokers to make a blanket, non-negotiable offer of compensation to Buyer Brokers when listing a property on the MLS violates the Sherman Antitrust Act of 1890. They argue that NAR’s rule is a conspiracy, and that it has saddled Sellers with a cost that should be the Buyer’s responsibility. They also argue that this artificially inflates commissions because Buyer Brokers will not show properties to their clients where the Listing Broker is offering a lower commission or will show properties with higher offers of compensation first, so Sellers are forced to offer high commissions.  

---