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Is it legal for listing brokers or sellers to offer money to buyer agents?

The Settlement Agreement between the plaintiffs and NAR, et al. does not specifically authorize listing brokers or sellers to offer money to buyer brokers off the MLS. Rather, it "does not prohibit the practice." It could not, since that is not how the case was framed. It is really important for Realtors and their brokers to understand the difference:

Specifically Authorizing Conduct Definition: This means explicitly granting permission for a particular action or behavior. The conduct is officially approved and endorsed.

vs.

Not Prohibiting Conduct Definition: This refers to the absence of rules or statements explicitly forbidding a behavior. It does not equate to explicit permission but rather leaves the matter unaddressed.

Now if I was a listing broker and just got sued and lost a case for offering money to buyer brokers, would it really be a good idea to go out there and start doing it again with the only difference being that I was offering the money off the MLS?

submitted by /u/AttorneyRE
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source https://www.reddit.com/r/RealEstate/comments/1hkoiko/is_it_legal_for_listing_brokers_or_sellers_to/
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