Housing Wire

OCTOBER 6, 2023

million settlement with plaintiffs in two bombshell buyer commission lawsuits have been made public, and they stipulate that the brokerage conglomerate make significant changes to its practices. The terms of Anywhere Real Estate ‘s $83.5

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Buyers Brokerage Agents Sellers 424

Housing Wire

SEPTEMBER 5, 2023

According to court documents filed on Tuesday, Anywhere Real Estate and the home sellers suing the firm in both the Moehrl and Sitzer/Burnett cases, which both deal with buyer brokers’ commissions, have reached a preliminary settlement agreement, settling all claims in both suits.

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Real Estate Buyers Legal Realtors 414

Housing Wire

NOVEMBER 1, 2023

Three researchers believe a first-of-its-kind dataset has enabled them to definitively answer a long-debated question: why have buyer agent commission rates been so stable historically? and relied on salaried agents rather than commission-paid agents, who typically cost sellers 5-6%. One of the researchers, Will Fried, had a hunch.

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Clients Agents Buyers Sellers 421

Housing Wire

OCTOBER 16, 2023

At the crux of the case is the allegation that commission rates are too high, it’s unfair that the seller pays the buyer’s agent’s commission, and that the National Association of Realtors’ (NAR) Code of Conduct and MLS Handbook lead to set pricing.

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Buyers Brokerage Agents Realtors 448

Housing Wire

MARCH 14, 2024

Legal experts told HousingWire that it is rare to see the Fed offer an opinion about an ongoing legal debate, as it typically does not want viewed as an influence on court decisions. Because of this, the authors believe buyer agents are then able to “command commission above cost.” housing market. needs to change.

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Agents Legal Real Estate Agent Buyers 366

Housing Wire

SEPTEMBER 7, 2023

But three multibillion-dollar class action antitrust lawsuits looming over the real estate industry may soon reshape how buyers interact with agents. You’ve got current economic conditions that are not opportunistic for a homebuyer right now, inflation is still out there and it’s all constraining buyers’ ability to spend. “You’ve

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Buyers Agents Loan Officers Real Estate 380

Housing Wire

MARCH 13, 2024

In their motion, the parties wrote that they “dispute the factual and legal arguments made in the DOJ’s Statement of Interest.” Preventing sellers and listing agents from setting buyer-broker commissions would promote greater price competition and innovation in the market for brokers’ services,” the DOJ argued.

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Housing Wire

FEBRUARY 29, 2024

In the filing, the parties wrote that they “dispute the factual and legal arguments made in the DOJ’s Statement of Interest.” Preventing sellers and listing agents from setting buyer-broker commissions would promote greater price competition and innovation in the market for brokers’ services,” the DOJ argued.

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Housing Wire

APRIL 15, 2024

When asked about the language they use to discuss how buyer and seller agent commissions are paid, some of the most common responses included stressing that commissions are and always have been negotiable, and that if the National Association of Realtors’ settlement is approved, some practices may change, but many things are currently unknown.

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Inventory Agents Real Estate Sellers 376

Housing Wire

OCTOBER 4, 2023

District Court in Boston granted the Department of Justice’s request to extend all settlement related deadlines in the Nosalek buyer broker compensation class action lawsuit on Tuesday. Unlike the two other buyer-broker commission lawsuits, Moehrl and Sitzer/Burnett , NAR is not a defendant in the Nosalek lawsuit.

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Buyers Realtors Sellers Legal 386

Housing Wire

FEBRUARY 22, 2024

Worst-case scenario, the broker representing the buyer will have to negotiate their own fee with their client and the seller can no longer be compelled to make a blanket offer of compensation in order to list on the MLS,” Murray said. They have gone through all of this and it will end up being punitive to buyers.

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Sellers Buyers Real Estate Agents 413

Housing Wire

MARCH 29, 2024

In its proposed brief, CMLS writes that in its statement of interest, the DOJ is looking for “an injunction that prohibits offers of buyer broker compensation by MLS PIN participants.” Second, the trade group points out that the practice of sellers and listing brokers paying buyer brokers is lawful throughout MLS PIN’s service area.

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Sellers Real Estate Buyers Contracts 413

Housing Wire

MARCH 25, 2024

Cooperative compensation is still legal,” Papasan stressed. They noted that NAR’s settlement prohibits disclosing offers of cooperative compensation, broker compensation or total broker compensation, but it does not address including remarks noting that buyer agent compensation will not be offered.

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Agents Advertising Real Estate Buyers 391

Lamacchia Realty

FEBRUARY 21, 2024

SELLERS, HERE'S WHAT TO DO IF A BUYER REQUESTS REPAIRS AFTER INSPECTION Selling your home and moving into a new one can be an exciting life chapter. A common issue that sellers should be prepared for is a buyer requesting repairs after the home inspection. So, what do you, as a seller, do in this scenario?

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Inspection Sellers Buyers Agents 70

Housing Wire

OCTOBER 2, 2023

MLS Property Information Network’s (MLS PIN) settlement agreement in the Nosalek class action antitrust buyer-broker compensation lawsuit has hit yet another snag. ” It continues: “Buyer-broker commission rules are the subject of several pending antitrust suits and a pending appeal in which the United States is an appellant.”

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Buyers Realtors Real Estate Sellers 363

Housing Wire

SEPTEMBER 27, 2023

As an organization dedicated to protecting property rights, the American Land Title Association (ALTA) wants to help ensure laws do not discriminate against or prevent people from legally purchasing real estate. First, any law restricting ownership must clearly state that the obligation to follow the law rests with the buyer.

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Law Real Estate Legal Insurance 345

Housing Wire

NOVEMBER 3, 2023

I actually started out as a buyer’s agent myself… and I see buyer’s agency as being a very valuable tool for buyers,” Sanford said during the Q&A session. I’m concerned, quite frankly, about what this might mean to buyers who may not be able to afford representation if things change up too much.”

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Buyers Realty Real Estate Realtors 352

Housing Wire

FEBRUARY 16, 2024

The modified rule still gives sellers and their listing brokers a role in setting compensation for buyers’ brokers,” the filing states. “The modified rule still gives sellers and their listing brokers a role in setting compensation for buyers’ brokers,” the filing states.

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Sellers Buyers Real Estate Contracts 423

Housing Wire

NOVEMBER 9, 2023

According to Kasper, while the plaintiffs are portraying this outcome as a win for consumers, getting rid of cooperative compensation will only harm homebuyers and sellers. As she has stated previously, NAR plans to appeal the verdict and that Sitzer/Burnett saga is far from over.

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Agents Legal Sellers Clients 404

Housing Wire

MARCH 28, 2024

At the moment, IPCs “include concessions from the seller to the buyer for items that are traditionally paid by the buyer such as loan closing costs or rate buy-downs,” but as buyer agents are customarily paid by the listing agent, their fees are excluded from caps on the IPCs. NAR also sent a letter to the U.S.

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Real Estate Agent Sellers Buyers Agents 414

Housing Wire

FEBRUARY 28, 2024

The trade group’s legal woes have brought it back to California, where is already facing other commission lawsuits. 2021 to a buyer represented by a Redfin agent. The National Association of Realtors is facing yet another copycat commission lawsuit. Filed on Tuesday in U.S. Freedlund sold her Laguna Nigel home in late Sept.

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Realtors Legal Agents Brokerage 369

Hank Miller Team

OCTOBER 24, 2023

Real estate contracts occasionally collapse due to Buyer problems, but what if the Seller bails out? Can a Buyer sue a Seller if they refuse to close? What used to be infrequent is becoming more common; Sellers backing out of contracts. If that happens, what can a Buyer do?

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Sellers Buyers Contracts Legal 52

Housing Wire

NOVEMBER 8, 2023

Data from the Legal Research Center concluded that all 50 states and Washington, D.C., The proposed FEMA form would not be useful to buyers and duplicative for sellers, virtually having them check the same box on a different form.”

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Housing Wire

MAY 1, 2024

Less than a week after HomeServices of America settled the home seller commission lawsuits for $250 million , the firm again finds itself in the crosshairs of antitrust litigation. Lutz’s attorneys wrote that this has “led to higher home prices paid by buyers.” “

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Sellers Realtors Real Estate Agent Real Estate 390

Housing Wire

JANUARY 16, 2024

So, while I make no claim as to the specific deep legal issues, I have some familiarity of antitrust actions and more in the conduct of legal actions in a courtroom. They also testified to the importance and value of the MLS as a core service that agents provide to sellers and buyers. That is how they got to $1.8

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Agents Law Sellers Legal 344

Housing Wire

APRIL 11, 2023

Buyers, sellers and lenders all have a stake in the sale, and title and escrow ensure that everyone’s interests are protected. They also help to prevent fraud and ensure that the sale is conducted legally and ethically. In real estate, a title is a legal document that establishes ownership of a property or asset.

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Real Estate Legal Sellers Buyers 355

Housing Wire

NOVEMBER 9, 2023

The heightened consumer protection focus from government agencies, combined with the Department of Justice’s ongoing legal feud with the National Association of Realtors and its recent involvement in the Nosalek commission lawsuit , has many in the industry expecting that the DOJ will get involved in the Sitzer/Burnett suit, and potentially others.

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Legal Real Estate Real Estate Agent Law 349

Housing Wire

JULY 19, 2023

A typical commission dispute arises when, after signing a listing agreement or buyer-broker agreement: A seller-client “cancels” a valid purchase contract. A seller-client cancels a listing. A seller-client permits the property to be foreclosed upon. Patrick MacQueen is the founder of Medalist Legal in Chandler, Arizona.

Real Estate 299

Real Estate Legal Brokerage Clients 299

Empire Appraisal Group

FEBRUARY 29, 2024

Lusky, DigitalVision, Getty Images Source: [link] FSBO Sellers Regret Not Having an Agent By Melissa Dittmann Tracey Survey: Sellers who go-it alone are twice as likely to be unsatisfied with the experience – and more likely to say their earlier opinion, “agents are overpaid,” was wrong.

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Sellers Agents Real Estate Agent Real Estate 78

Housing Wire

NOVEMBER 8, 2023

But this latest one comes with a twist — it was filed by homebuyers, unlike the others filed by home sellers. According to the complaint, this requirement of a blanket offer of compensation makes it easy for buyer agents to steer clients to properties they would make a higher commission on.

Real Estate 421

Real Estate Realtors Sellers Agents 421

Housing Wire

MARCH 18, 2024

Jessica Edgerton , chief legal officer at LeadingRE , was also caught off guard by the timing of everything. “I If the seller is willing to have that discussion, then you and your buyer can see what they would be willing to cover.” More off-MLS listings? It doesn’t help anyone and it will make more work for agents.”

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Brokerage Real Estate Agents Sellers 396

Housing Wire

APRIL 26, 2024

“This resolution allows us to concentrate on our primary goal: delivering unparalleled value in the real estate market and serving home buyers and sellers with the highest standards of service.” The DOJ may also file charges separately to prevent any display of buyer agent commissions on any platform.

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Brokerage Agents Real Estate Buyers 435

Housing Wire

FEBRUARY 21, 2024

HomeServices of America can preserve some of its legal war chest — for now, at least. Wood wrote on Tuesday that home sellers were “better suited to seek injunctive relief.” Judge Andrea Wood of the U.S. ” Wood also cited the $5.36 In the Batton 1 case, the plaintiffs alleged that the NAR, a trade association with 1.4

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Brokerage Realtors Real Estate Law 339

Housing Wire

JANUARY 18, 2024

The suit, known as Fierro, after its lead plaintiff Gael Fierro, a Californian home seller, accuses the real estate industry of colluding to artificially inflate real estate agent commissions. Patrick Thurber, a California home seller, is an additional named plaintiff in the suit. It was filed on Wednesday in U.S.

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Realtors Brokerage Realty Real Estate 500

Housing Wire

NOVEMBER 10, 2023

District Court in South Carolina, alleging that the National Association of Realtors (NAR) and Keller Williams colluded to artificially inflate agent commission rates, increasing costs for home sellers. “The effect of these rules is not simply that the seller must pay the buyer broker’s compensation,” the complaint states.

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Sellers Realtors Buyers Agents 408

Real Estate News

NOVEMBER 9, 2023

Tracey Kasper addressed Realtors in a video post, offering specific advice for working with buyers and sellers, and a look ahead to other legal actions.

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Legal Realtors Sellers Buyers 179

Housing Wire

NOVEMBER 30, 2023

An attorney for the plaintiffs, Robert Braun of Cohen Milstein Sellers & Toll, asked Wood if she would be willing to set a trial date for the third quarter of 2024. Braun argued that legal issues still playing out in the Sitzer/Burnett suit was not a reason to delay the trial in the Moehrl case.

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