Before you hire a real estate agent, choose a contractor, or make just about any major purchase, there’s a good chance you check the reviews first. Five stars can be persuasive. But what happens when those stars aren’t telling the whole story?

The FTC is paying attention.

The Federal Trade Commission’s Consumer Reviews and Testimonials Rule has been in effect since October 21, 2024, and its message remains clear in 2026: businesses can’t manufacture credibility with fake reviews, buy reviews they know are false, or offer incentives specifically for positive—or negative—reviews.

And this isn’t just a warning from years ago. In 2026, the FTC has continued taking action involving deceptive reviews, including a May case alleging a company created fake local-business listings and used fake reviews to mislead consumers.

What Does This Mean for Real Estate?

For buyers and sellers, online reviews can be an important part of researching an agent. But a glowing testimonial shouldn’t automatically be treated as the final word.

Look for reviews from identifiable customers, check multiple sources, and pay attention to patterns. The FTC specifically recommends considering where reviews come from and watching for suspicious bursts of reviews appearing within a short period.

For real estate professionals, the takeaway is equally straightforward: authenticity matters. Genuine client experiences can be powerful marketing without embellishment, manufactured praise, or questionable incentives.

And there’s a real financial reason to take the rules seriously. The FTC says violations of the Consumer Review Rule can lead to civil penalties of up to $53,088 per violation.

So the next time you’re scrolling through five-star reviews, don’t just count the stars.

Read the story behind them.

When you’re choosing someone to help with one of the biggest financial transactions of your life, an honest review is worth far more than a perfect one.

Source: REALTOR® Magazine
“The FTC Is Sniffing Out Fake Testimonials Online”
National Association of REALTORS®

What if the paperwork for your home contained language you’d never expect to see in 2026?

It sounds like something from another era—and in some cases, it is. But old property records can still contain restrictive language created decades ago to keep people of certain races, ethnicities or religions from buying or living in particular neighborhoods.

Today, those discriminatory provisions are not enforceable. But they can remain tucked away in historic deeds, covenants and other property records. And that makes understanding real estate’s past surprisingly relevant to homeowners and buyers today.

The U.S. Supreme Court ruled in 1948 that courts could not enforce racially restrictive covenants. Then, in 1968, the Fair Housing Act made housing discrimination based on protected characteristics unlawful.

So why should today’s homebuyer care?

Because buying a home isn’t just about the listing you see online. It can involve decades of property records, neighborhood history and legal documents that help tell the story of a property.

Finding discriminatory language in an old document doesn’t mean the current homeowner or neighborhood supports it. In many cases, it is simply a historical remnant that has remained in the records long after the practice became illegal.

What matters today is how consumers are treated.

Buyers and sellers should expect fair and equal treatment throughout a real estate transaction. Your ability to purchase a home, receive professional services or explore a neighborhood should not be determined by characteristics protected under fair-housing laws.

NAR has also acknowledged its own history involving discriminatory housing practices and says its current Fair Housing Action Plan, ACT!, focuses on accountability, culture change and education.

For consumers in 2026, the message is straightforward: Know your rights, ask questions and expect to be treated fairly.

Real estate’s history isn’t always comfortable, but understanding it can help explain why today’s fair-housing protections matter.

Because when you’re searching for a home, the most important question should be whether the home is right for you—not whether you fit someone else’s definition of who belongs there.

Source: REALTOR® Magazine
“Truth and Reconciliation”
National Association of REALTORS®

Real estate agents love independence—and for good reason. Flexible schedules, running your own business and getting paid based on results are all part of the appeal. But for brokers, keeping that independent-contractor relationship on solid ground takes more than simply putting “independent contractor” on a contract.

In 2026, it’s worth taking a fresh look at how your brokerage operates.

The IRS has specific rules for licensed real estate agents. Generally, an agent can qualify as a statutory nonemployee when substantially all compensation is based on sales or other output rather than hours worked, and a written agreement says the agent will not be treated as an employee for federal tax purposes.

Sounds simple, right? There’s a little more to it.

Let Agents Run Their Business

Independent contractors should have meaningful independence in how they conduct their business. That doesn’t mean brokers can’t establish reasonable rules or standards. It does mean the day-to-day relationship shouldn’t start looking like a traditional employer-employee arrangement.

For example, agents generally handle their own business expenses and tools, such as phones, computers, transportation and marketing expenses.

Get the Paperwork Right

A clear, current independent contractor agreement is essential. It should accurately describe the relationship and responsibilities of both the brokerage and the agent.

And don’t stop there. What happens in practice matters, too. A contract calling someone an independent contractor won’t automatically make it so if the actual working relationship tells a different story.

Keep an Eye on Changing Rules

Worker classification can involve more than federal tax law. Federal labor rules may consider factors such as control, opportunity for profit or loss, investment, permanence, specialized skills and whether the work is integral to the business.

State and local laws can add another layer of requirements.

The takeaway for brokers? Don’t set it and forget it. Review your agreements and business practices periodically, especially as regulations and interpretations change.

A little attention today can help keep your brokerage—and your agents’ independent businesses—moving in the right direction tomorrow.

Source: REALTOR® Magazine
“How Brokers Can Preserve Independent Contractor Status”
National Association of REALTORS®

Real estate referrals can be a win-win. A homeowner gets connected with a trusted professional in another market, and an agent gets to grow their business. But there’s a fine line between making a legitimate referral and using another agent’s client information to drum up business.

That line starts with Article 16 of the REALTOR® Code of Ethics, which requires REALTORS® to respect the exclusive relationships other agents have with their clients.

Here’s an easy example: You’re showing a home listed by another agent and discover that the sellers are moving across the country. You happen to know a terrific REALTOR® in their new city. It might seem natural to reach out and offer that connection—but if you learned about the sellers and their plans through the MLS or another broker’s offer of cooperation, you shouldn’t use that information to target them for a referral.

In other words, the MLS is not a prospecting database for referral opportunities.

Standard of Practice 16-3 allows REALTORS® to offer certain real estate services to clients represented by another broker when the circumstances are appropriate. However, information obtained through an MLS or similar cooperative source can’t be used to identify those clients for the purpose of making a competing service offer.

Standard of Practice 16-18 also addresses referrals. Information obtained through an MLS or another offer of cooperation generally can’t be used to refer another broker’s clients to someone else—or establish a buyer or tenant relationship—without authorization from the listing broker.

For consumers, the takeaway is pretty simple: Your real estate relationship matters. If you’re already working exclusively with an agent, another REALTOR® shouldn’t use information about you from that agent’s listing to sidestep that relationship.

For REALTORS®, referrals remain an important business tool in 2026. The key is knowing where the information came from and making sure you’re not turning another agent’s client list into your own marketing list.

A good referral should open a door—not go through someone else’s.

Source: REALTOR® Magazine
“Referral Marketing: Mind Your P’s and Q’s”
National Association of REALTORS®

Real estate has always come with plenty of paperwork, negotiations and questions. But in recent years, one lawsuit has added a whole new chapter to the conversation: Sitzer-Burnett.

So, what does this legal saga have to do with your next home purchase or sale? Quite a bit.

The lawsuit challenged long-standing practices surrounding real estate commissions and offers of compensation to buyer brokers. In 2024, the National Association of REALTORS® agreed to a $418 million settlement and changes that reshaped how compensation and buyer representation are handled.

Translation: The Rules Changed

One of the biggest changes is that buyers working with REALTORS® generally must have a written agreement with their agent before touring homes. That agreement spells out what the agent will do and how the agent will be compensated.

And here’s another important twist: offers of compensation to buyer brokers can no longer be displayed on MLSs covered by the settlement.

But that doesn’t mean compensation disappeared.

Sellers can still choose to offer compensation to a buyer’s agent, and buyers and sellers can negotiate how those costs are handled. The difference is that the conversation is happening more directly and transparently.

Fast-Forward to 2026

The courtroom drama isn’t entirely finished. In August 2026, the U.S. Court of Appeals for the Eighth Circuit upheld the settlement after objections from some class members. That decision gives the industry additional clarity as real estate professionals and consumers continue adapting to the post-settlement landscape.

For buyers and sellers, the biggest takeaway isn’t a complicated legal term. It’s ask questions.

Before signing an agreement, understand exactly what your agent is providing, what you’ll pay, and what options may be available. Don’t be afraid to talk about compensation—it’s a normal part of today’s real estate conversation.

The Sitzer-Burnett case may have started in a courtroom, but its impact is being felt at kitchen tables, open houses and closing tables across the country.

In 2026, knowing the rules can help you negotiate smarter—and that’s something every buyer and seller can appreciate.

Source: REALTOR® Magazine
“Breaking Down Sitzer-Burnett”
National Association of REALTORS®

Floor plans have become a valuable marketing tool for real estate professionals and buyers alike. They help shoppers understand how a home flows before they ever walk through the front door. But for years, questions about copyright made using them a legal gray area.

That picture is much clearer in 2026.

The U.S. Supreme Court has affirmed that using floor plans to market homes can qualify as fair use, providing important legal clarity for real estate professionals.

That doesn’t mean agents and brokers should throw caution out the window. A few smart practices can still help reduce risk.

1. Get the homeowner’s permission.
Before creating a floor plan for marketing, document that the property owner has authorized it. Keeping that permission in writing creates a useful record if questions arise later.

2. Keep it focused on the layout.
A marketing floor plan should show the home’s interior arrangement—rooms, doors, walls and general dimensions. It should not reproduce architectural drawings, engineering documents or other technical plans.

3. Know what you’re actually using.
Floor plans are only one piece of the copyright puzzle. NAR notes that photographs, virtual tours, artistic renderings, architectural drawings and creative listing descriptions can also receive copyright protection.

The bottom line for 2026? Floor plans can be a powerful way to market a property, and the legal landscape is considerably clearer than it was when this issue first made headlines. Still, documenting permissions and using only the information necessary to show a home’s layout remains a smart business practice.

Source: REALTOR® Magazine
“3 Tips to Avoid Copyright Claims When Using Floorplans”
National Association of REALTORS®