@Mike Dymski
What I described is not what led to the lawsuit.
Each Realtor, agent or Brokerage may work for whatever compensation they desire and must outline it clearly in their agreements with their clients.
Compensation is negotiable, always has been, and either the seller and/or the buyer will be responsible for any agreed-upon expenses per their listing contract or buyer broker contract.
Disclosure about compensation is more important than ever, and remains at the discretion of the representative and their clients, hence the need for those agreements which will be a requirement after the settlement.
Buyers and sellers must know how their representatives are compensated and by whom before they commit to a working relationship. If I have a buyer client who has contractually agreed to whatever fee we discussed, and they are interested in an off market property, you bet I will attempt to save my client money by negotiating all or some of my compensation from the seller. That’s my job, to represent my client’s best interests, negotiate to help them best achieve their goals, abiding by all the laws, Fair Housing and Code of Ethics along the way.
If someone doesn’t want to sign an agreement with me, they are free to consider another Realtor® who has a different business model and practices, or even go forth unrepresented. Fortunately, no one is forced to do something they don’t want to.