Real estate stalwart Steve Murray on the current class-action commission lawsuit
Oct 24, 2023
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Real estate stalwart Steve Murray shares his analysis of the class-action commission lawsuit. He discusses the dismissal of a price fixing case in Kentucky and criticizes arguments against agent training. The speakers also discuss buyers' resistance to discount agents and the importance of training agents in buyer representation for the current lawsuit.
Buyers have been trained not to pay anything at closing, raising questions about the benefit of making buyers pay at closing.
The current class-action commission lawsuit seems more like a smear campaign against the real estate industry, attempting to tarnish the reputation of professionals and lacking sufficient evidence of price fixing.
Deep dives
Training buyers not to pay at closing
For the past 50 years, buyers have been trained not to pay anything at closing. The podcast questions the benefit of making buyers pay at closing and highlights that the plaintiffs' understanding of the situation appears flawed. They argue that the defendant may have influenced agents to charge specific commission rates, but the podcast suggests that it is a common practice for businesses to train salespeople to secure higher prices. Furthermore, the podcast mentions that the litigation seems more like a smear campaign against the industry, where the plaintiffs attempt to tarnish the reputation of real estate professionals.
The Kentucky case and the dismissal of price fixing claims
The host and the guest discuss a specific case in Kentucky where there was a policy that prevented agents from sharing part of the commission with buyers. Plaintiff's bar, similar to the current case, sued numerous large brokerage companies for price fixing. However, evidence presented by Berkshire Hathaway Home Services showed that commission rates were varied and that there was no evidence of price fixing. Consequently, the judge dismissed the case, indicating that price fixing claims lacked sufficient evidence.
The impact and settlements of the current case
The podcast mentions that both RE/MAX and Realogy filed settlement agreements in the current commission lawsuit case. Though the settlements are not yet approved, the podcast suggests that they appear reasonable from the defendants' point of view. The settlements cover all the real estate franchises of both companies, providing them with protection. The host and the guest also discuss potential changes in the real estate industry, including more transparent buyer agent agreements and heightened communication between agents and clients. While the outcomes of the current case remain uncertain, the podcast highlights the importance of brokers preparing their agents for potential changes, emphasizing the value they provide to clients.
In today's special edition of RealTrending, we feature Steve Murray, partner with RTC Consulting and a senior advisor to HousingWire. Steve has served as an expert witness on numerous antitrust and other real estate cases over the years. He shares his analysis of the Sitzer Burnett class action commission case based on his years of experience in the industry. Not only that but he highlights the actions real estate brokerage leaders must take today to prepare no matter what the outcome.
The RealTrending podcast features the brightest minds in real estate. Every week, brokerage leaders, top agents, team leaders, and industry experts share their success secrets, trends, and lessons learned navigating this ever-changing industry. Hosted by Tracey Velt and produced by Elissa Branch.