Brooklee Han on the latest commission lawsuit news
Jan 24, 2024
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Real estate reporter Brooklee Han discusses the latest news on commission lawsuits, including settlement agreements, copycat lawsuits, and brokerages distancing themselves from the National Association of Realtors. Also, the Department of Justice's involvement and upcoming housing week event coverage. The podcast explores the entities involved in the lawsuits and the challenges faced by the real estate industry.
The Sitzer Burnett trial, with damages awarded of around 5.3 billion dollars, has set a precedent in commission lawsuits, leading to uncertainties about the future of NAR's participation rule and cooperative compensation practices.
The proliferation of copycat lawsuits in multiple states poses financial challenges for the real estate industry, with potential damages reaching billions of dollars and uncertainties about how large firms will cope financially.
Deep dives
Scope of Commission Lawsuits
The podcast episode discusses the increasing number of commission lawsuits in the real estate industry. It highlights the significant impact of the Sitzer Burnett trial, in which the National Association of Realtors, Keller Williams, and Home Services of America were found guilty of colluding to inflate real estate agent commissions. The damages awarded in this federal antitrust suit amount to around 5.3 billion dollars, which hangs over the industry as plaintiffs seek injunctive relief. The uncertainty lies in whether the plaintiffs will aim for an end to NARA's participation rule or an entire elimination of the practice of cooperative compensation. The settlement agreements for Remax and Anywhere have preliminary approval, but the involvement of the Department of Justice adds another layer of uncertainty.
Proliferation of Copycat Lawsuits
The podcast highlights the proliferation of copycat commission lawsuits since the Sitzer Burnett trial. Several new lawsuits have been filed, including ones in Arizona, Nevada, and California. While some lawsuits name multiple defendants, such as NAR, local realtor organizations, and brokerages, others focus solely on realtor associations. The potential consolidation of nine copycat lawsuits poses a challenge due to their differing locations and specific defendants. Settlement agreements have been reached in some cases, but the sheer number of lawsuits and their potential damages amounts raise doubts about how the real estate industry, including large firms, will cope financially.
Uncertainty and Industry Impact
The podcast illustrates the uncertainty surrounding the commission lawsuits and their impact on the real estate industry. The absence of concrete evidence of collusion poses challenges for the plaintiffs' cases, even though they rely on NAR's participation rule as an indicator of alleged collusion. The involvement of the Department of Justice and the potential for further investigations or appeals adds to the uncertainties. The financial implications are enormous, with damages awards reaching billions of dollars. Individual agents and brokers could also face liability, leading to concerns about the industry's financial stability. While some organizations have settled, the wait for trial dates and final rulings prolongs the industry's state of uncertainty.
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