As of October 2023, National Association of Realtors® (NAR) has changed its commission rule, also known as its Participation Rule. It now allows listing brokers to offer buyer brokers $0 in compensation when listing a home in any of the 500 Realtor-affiliated MLSs across the U.S.

As the Sitzer/Burnett commission lawsuit trial is set to begin on October 16, an attorney for the plaintiffs is calling NAR's reversal of the commission rule a 'stunning admission of guilt,' as reported by Inman.

NAR's Participation Rule previously required listing brokers to offer buyer brokers a commission in order to list a property on the MLS'even if the commission was as little as one penny. With two class action lawsuits gearing up for trial (the Sitzer/Burnett trial set to take place this month and the Moehrl lawsuit trial is expected to begin in the first half of 2024), NAR has changed the details of the rule.