Real estate agents in the Las Vegas Valley are reportedly using loopholes to circumvent a recent court settlement intended to reduce commission rates. The settlement, which followed a class-action lawsuit against the National Association of Realtors (NAR), aimed to curb alleged collusion in setting commission rates. Despite this, some agents have found ways to maintain or even increase their earnings.
The settlement introduced two key changes: prohibiting the advertising of commission fees via the Multiple Listing Service (MLS) and requiring potential buyers to sign contracts with agents before viewing homes. However, agents are reportedly employing tactics such as requiring non-commissioned touring agreements and using phrases like “open the door and charge them four,” implying a 4 percent commission for buyer’s agents after showing properties.
A recent study by Clever Real Estate found that national real estate agent commissions have risen by 0.12 percent since 2024, with Nevada’s average commission increasing to 5.6 percent. This rise is occurring despite expectations that the settlement would lower rates. The settlement aimed to bring U.S. commission rates closer to those of other developed countries, where rates are significantly lower.
NAR claims the settlement has improved transparency for consumers and emphasized that agent compensation is negotiated directly with clients. Nevada Realtors President Brandon Roberts acknowledged the study’s implications but highlighted that commissions remain negotiable, influenced by market forces and consumer preferences. He stated that the settlement’s goal is to enhance transparency and choice rather than dictate compensation structures. Concerns about potential system abuse should be addressed, distinguishing between lawful negotiations and intentional circumvention of the settlement’s spirit.