From prior to the existence of the National Association of Realtors and MLSs, through to the time of the Sitzer Burnett NAR lawsuit proposed settlement and Department of Justice involvement
Pre-NAR Pre-MLS
Simple Scenario No Agents
Neither party has an agent.
Pre-NAR Pre-MLS
Agent Scenario
Both parties might have an agent.
circa 1994
NAR MLS Seller Sub Agency Scenario
Seller sub agency procures the buyer, and “legitimately” delivers them to the seller agency, in consideration of the cooperation fee AKA procurement fee. It seems like we all know that plenty of buyers got screwed by the person they thought was “their” agent.
2024
Sitzer Burnett Collusion Conspiracy Anti-Competitive “Coupled” Scenario
Buyer agency procures the buyer, and illegitimately delivers them to the seller agency, in consideration of the cooperation fee AKA procurement fee AKA fiduciary breach inducement fee AKA bribe.
2024 and Beyond
Department of Justice “Uncoupled” Scenario
Quite specifically, no consideration passes between the two agencies. Dual agency becomes a thing totally of the past, eliminated, like it is now with attorneys.
Leave a Reply