TL;DR (Executive Summary)
The National Association of REALTORS® (NAR) settlement has accelerated the rise of Non‑NAR brokerages, especially in states like Florida, Georgia, and Alabama where the Thompson Broker model allows MLS access without NAR membership. These lean, agent‑centric models are attracting agents who want to keep more of their commission, avoid unnecessary dues, and operate under state law.MNKY Agency is leading the charge in recruiting for these brokerages, delivering high‑volume agent attraction through custom branding, automation, and onboarding systems.
Key Takeaways
- The NAR settlement removed MLS commission fields and imposed buyer‑broker agreement requirements, creating friction for agents.
- Non‑NAR brokerages are not bound by NAR’s settlement rules and can operate under state law and MLS policy.
- The Thompson Broker model enables agents to access MLS without joining NAR in Florida, Georgia, and Alabama.
- MNKY Agency recruits for all brokerage models, not just flat‑fee or 100% commission firms.
- We build “employing broker brands” that attract the right agents and support retention through systems, culture, and coaching.
- Easy Realty’s $495 flat‑fee model with no dues is a proven success story in Florida.
- Virtual brokerages benefit from MNKY’s integrated onboarding portals, knowledge bases, and agent enablement workflows.
The Rise of the Thompson Broker: Why Non‑NAR Brokerages Are Booming and How We’re Recruiting at Scale for Models Like Easy Realty
The real estate industry is in the middle of a seismic shift. Following the NAR settlement and sweeping rule changes, agents are questioning the value of traditional association membership and searching for leaner, more flexible brokerage models. Enter the Thompson Broker approach, a legal framework that allows MLS access without NAR affiliation. This model is fueling the rise of Non-NAR brokerages like Easy Realty, and MNKY Agency is at the forefront, helping brokers not only recruit agents at scale but also build culture, systems, and retention strategies that keep those agents engaged and producing.
What is a Thompson Broker?
A Thompson Broker is a licensed real estate professional who can access the MLS without being required to join NAR or pay association dues. This stems from the 1991 Thompson v. DeKalb County Board of REALTORS® decision, which opened MLS participation to non‑members in the 11th Circuit (Florida, Georgia, Alabama). It’s the legal foundation enabling modern Non‑NAR brokerages to operate cleanly, with lower overhead and fewer non‑statutory rules, while still complying with state law and MLS policies.
The NAR Settlement Changed Everything
In March 2024, NAR agreed to a $418 million settlement resolving antitrust claims around commission practices. The settlement triggered two major rule changes:
- MLSs removed buyer‑agent compensation fields
- Agents must have signed buyer‑broker agreements before showings
Brokerages with over $2B in annual residential volume were excluded from the settlement and must opt in by paying 0.0025 × average annual volume. This exposed large firms like Compass, eXp, and The Agency to significant financial liability. Especially those operating on thin margins.
Why Agents Are Leaving NAR‑Affiliated Brokerages
Agents are realizing that NAR rules aren’t law, state law is. The cost of dues, lockboxes, and compliance overhead is no longer justified. The settlement removed the visibility of buyer‑agent compensation on the MLS, forcing agents to negotiate off‑MLS and justify their value directly to clients.
Non‑NAR brokerages offer a simpler path: follow state law, access MLS as a non‑member, and keep more of your commission.
The Operating Advantages of Non‑NAR Brokerages
- Lower fixed costs: No association dues, no mandatory NAR membership
- Policy clarity: Governed by state law and MLS rules, not association mandates
- Agent-centric economics: Flat-fee, capped, or 100% commission models become more viable
- Recruiting advantage: Agents are actively searching for alternatives to NAR-affiliated firms
- Settlement immunity: Non‑NAR brokerages are not bound by NAR’s settlement rules
Case Study: Easy Realty
Easy Realty is Florida’s Thompson Broker ℠. A non‑NAR brokerage offering agents a simple, transparent model: $495 per transaction side, $4,950 annual cap, E&O included, and no NAR, state, or local association of Realtors (AOR) dues. Agents access the MLS via Thompson Broker status (MLS-only subscriber), and retain more of their commission with fanatical broker support, tools, training and technology. All without sacrificing compliance or access.
MNKY Agency has recruited hundreds of agents for Easy Realty using hyperlocal campaigns, AI, voice & search engine optimization (AIVSO), video, webinars, social media, email drips, and automated onboarding systems.
What Changed After the Settlement
Buyer‑agent compensation is now negotiated off‑MLS. Agents must use buyer‑broker agreements to formalize their value proposition. Sellers still offer buyer‑agent compensation, but it’s handled through concessions or direct negotiation. Brokerages must now train agents to navigate these conversations confidently.
MNKY Agency’s Recruiting System for Non‑NAR Brokerages
We recruit for all brokerage models, but our system is especially effective for lean, agent‑centric firms. Here’s how we do it:
- Employing Broker Branding: We uncover your unique value and build a brand that attracts the right agents
- Hyperlocal AIVSO Targeting: We dominate search, voice, and answer engines with long-tail content
- Automated Funnels: Landing pages, email drips, and SMS follow-ups convert leads into interviews
- Onboarding Portals: SharePoint-based systems deliver training, resources, and compliance workflows
- Retention Enablement: Coaching, training, and educational programs keep agents engaged and producing
What Brokers Should Do Now
- Evaluate your MLS access options, especially if you’re in Florida, Georgia, or Alabama
- Decide whether a Non‑NAR model fits your economics and recruiting goals
- Publish your agent offer clearly: fees, caps, E&O, onboarding, and support
- Equip agents with buyer‑broker agreements and off‑MLS negotiation scripts
- Partner with MNKY Agency to launch a recruiting campaign that delivers results fast
FAQs About Non‑NAR Brokerages and Thompson Brokers
Can agents still access the MLS without joining NAR?
Yes, in Florida, Georgia, and Alabama, agents can access the MLS as Thompson Brokers without joining NAR.
Do Non‑NAR brokerages follow the same rules as NAR firms?
No. They follow state law and MLS rules, but are not bound by NAR’s settlement or association mandates.
Can virtual brokerages operate as Non‑NAR firms?
Absolutely. MNKY Agency helps virtual brokerages integrate systems, knowledge bases, and onboarding portals to support remote agents.
Are Non‑NAR brokerages legal in all states?
Not always. The Thompson ruling applies to the 11th Circuit. Other states may have different MLS policies. Check with local counsel or MLS boards.
What are the risks of staying with a NAR-affiliated brokerage?
Exposure to settlement rules, mandatory dues, and restrictive policies that may not align with your business model.
How does MNKY Agency help with retention?
We provide onboarding systems, training programs, coaching, and content libraries to keep agents engaged and producing.
Can MNKY Agency recruit for traditional brokerages too?
Yes. We recruit for all models, including flat-fee, 100% commission, boutique, franchise, and hybrid. We tailor the campaign to your brand and goals.
How fast can MNKY Agency start recruiting?
Immediately. We launch all campaigns in under 7 days.
What does MNKY Agency charge?
We operate on a commission-only model: $100 per closed transaction from agents we recruit. No monthly or annual fees. We get paid when you get paid: when the agents we recruit for your brokerage close transactions.
About the Author
J. Stuart Hill is the founder of MNKY Agency and a 20-year veteran of real estate marketing and agent recruitment. Known for pioneering AIVSO (AI, Voice & Search Optimization) and InstantEngage lead conversion systems, Stu helps brokerages scale fast with automation that never feels automated. He’s recruited thousands of agents for brokerages of all models from boutique firms to national franchises.
About MNKY Agency
MNKY Agency is a real estate recruitment firm that recruits for all brokerage models. We specialize in building “employing broker brands” that attract the right agents and support retention through onboarding systems, coaching, training, and automation. Our compensation is commission-only: $100 per closed transaction. No monthly fees. No annual contracts. Just results.
Let’s Get Growing
If you’re launching or scaling a brokerage and want a recruiting partner who already has the playbook, let’s talk. Book a free recruiting consultation today, and let’s get growing!
