12/02/2019
A class action lawsuit was filed in March of 2019 against the nation's largest realty trade organization, four of the largest real estate brokerage franchises and a number of local associations representing the largest cities in the country.
The suit, filed in United States District Court's Northern District of Illinois, alleges the National Association of Realtors (NAR) conspired with the local realtor boards and large national brokerage franchises such as Keller Williams Realty, Inc. and RE/MAX Holdings, Inc. to require buyers to pay their broker inflated commissions, in violation of federal antitrust law. Read the complaint.
While the results of this suit may not be known for years due to the nature of the allegations and potential ramifications to powerful and heavily-entrenched real estate trade associations and brokerages, it is clear that consumers are speaking up and attempting to level the real estate playing field.
The plaintiffs in this suit are represented by some of the best law firms in the country, which is significant: the two lead firms have been successful in actions against behemoths like Apple and Toyota in the past.
The amount of money at stake is staggering when you consider the volume and average dollar amount of closed transactions in even just the largest cities.
San Antonio for instance has about 10,000 active listings presently, with an average list price of around $350,000. That's $110 million on the line for just the buyers' agents' 3% commission. Include Houston, Dallas and Austin to the mix --just to name a few-- and things really begin to look interesting, not to mention specter of treble damages that may be awarded in antitrust cases.
Times are changing. For now, we all have to work within the system - but consumers should have a choice when it comes to what they pay for buyer representation, and it appears they are finally starting to demand it.
If you're buying soon, though, you can skip the forced 3 percent commission by contacting me and setting up a free phone call to discuss your options for buying a home and getting cash back at closing.