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Amid legal uncertainty, MLSs explore cooperative compensation workarounds

Housing Wire

Though these policies have been put in place to avoid future antitrust lawsuits, legal experts who spoke to HousingWire said they might not be enough. But the policy may still present a legal issue, as it requires listing agents to make an offer compensation, even if that offer of compensation is in fact nothing ($0), law professors said.

Legal 441
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Maryland home seller files commission lawsuit in Missouri

Housing Wire

The complaint argues that the NAR and the brokerage defendants collude “to impose, implement and enforce anticompetitive restraints that cause home sellers to pay inflated commissions on the sale of their homes, in violation of federal antitrust law.” Because this blanket offer must be made available to every buyer-broker using the MLS (i.e.,

Sellers 421
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Fed advocates for change in the agent commission dispute

Housing Wire

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. This model requires that sellers and buyers each pay their agents directly to mitigate the threat of steering by buyer agents,” the paper states.

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Judge grants response for MLS PIN, Nosalek plaintiffs

Housing Wire

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.

Legal 441
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MLS PIN, Nosalek plaintiffs ask court for permission to respond to DOJ

Housing Wire

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.

Legal 421
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NAR settles commission lawsuits for $418 million

Housing Wire

NAR’s legal counsel approved the settlement agreement early Friday morning. According to NAR, this settlement brings an end to all of the litigation claims brought by home sellers. The National Association of Realtors has agreed to pay $418 million in damages to settle the commission lawsuits. It has yet to be filed in court.

Legal 540
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Q2 AgentPulse survey: Low inventory is greatest challenge

Housing Wire

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.

Inventory 421