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    Legal Antitrust 2021 2

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    Saul Klein
    Christopher Moehrl filed a class action lawsuit against the National Association of Realtors (NAR), Realogy, RE/MAX, and HomeServices of America alleging that the "Buyer Broker Commission Rule" requiring blanket, non-negotiable offers to compensate buyer brokers when listing properties on MLSs violates antitrust laws. The lawsuit seeks damages on behalf of home sellers who paid broker commissions in the last four years when listing homes on certain large MLSs. While the MLSs themselves are not currently defendants, they could be found liable as co-conspirators for adopting the alleged anticompetitive rule.

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    Legal Antitrust 2021 2

    Uploaded by

    Saul Klein
    54 views10 pages
    Christopher Moehrl filed a class action lawsuit against the National Association of Realtors (NAR), Realogy, RE/MAX, and HomeServices of America alleging that the "Buyer Broker Commission Rule" requiring blanket, non-negotiable offers to compensate buyer brokers when listing properties on MLSs violates antitrust laws. The lawsuit seeks damages on behalf of home sellers who paid broker commissions in the last four years when listing homes on certain large MLSs. While the MLSs themselves are not currently defendants, they could be found liable as co-conspirators for adopting the alleged anticompetitive rule.

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    NAR Litigation Summary 2020 and beyond

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    Christopher Moehrl filed a class action lawsuit against the National Association of Realtors (NAR), Realogy, RE/MAX, and HomeServices of America alleging that the "Buyer Broker Commission Rule" requiring blanket, non-negotiable offers to compensate buyer brokers when listing properties on MLSs violates antitrust laws. The lawsuit seeks damages on behalf of home sellers who paid broker commissions in the last four years when listing homes on certain large MLSs. While the MLSs themselves are not currently defendants, they could be found liable as co-conspirators for adopting the alleged anticompetitive rule.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    54 views10 pages

    Legal Antitrust 2021 2

    Uploaded by

    Saul Klein
    Christopher Moehrl filed a class action lawsuit against the National Association of Realtors (NAR), Realogy, RE/MAX, and HomeServices of America alleging that the "Buyer Broker Commission Rule" requiring blanket, non-negotiable offers to compensate buyer brokers when listing properties on MLSs violates antitrust laws. The lawsuit seeks damages on behalf of home sellers who paid broker commissions in the last four years when listing homes on certain large MLSs. While the MLSs themselves are not currently defendants, they could be found liable as co-conspirators for adopting the alleged anticompetitive rule.

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    You are on page 1of 10

    Lawsuits

    Lawsuits – Class Action

    March 6, 2019 - Six law firms representing


    Shorewood, Minnesota resident Christopher
    Moehrl filed a complaint related to the sale of
    his home on November 15, 2017, listed
    in NorthstarMLS.
    Lawsuits
    Moehrl entered into a listing agreement with his
    seller’s broker (a RE/MAX franchise) that specified
    he would compensate the listing
    broker for helping to market and sell the home for a
    commission of 6 percent of the purchase price. The
    listing agreement further specified that the listing
    broker would keep 3.3 percent of the commission
    and share 2.7 percent with a buyer’s brokerage
    (which ended up being a Keller Williams Realty
    franchise.)
    Lawsuits
    The original complaint alleged that the
    National Association of Realtors (NAR),
    Realogy, RE/MAX, HomeServices of
    America and Keller Williams Realty are
    violating Section 1 of the US Sherman
    Antitrust Act, by requiring a “blanket,
    nonnegotiable offer of buyer broker
    compensation” when listing a property on the
    MLS, which the suit calls the “Buyer Broker
    Commission Rule.”
    Lawsuits
    The lawsuit, filed in the US District Court for the
    Northern District of Illinois in Chicago, seeks
    class-action status on behalf of homesellers who
    paid a broker commission in the last four years
    (since March 6, 2015) in connection with the sale
    and listing of their home in one of 20 Realtor
    association-owned MLSs. Many of the listed MLSs
    are among
    the country’s largest, including Bright MLS in the
    Mid-Atlantic region and Stellar MLS in mid-
    Florida.
    Lawsuits
    The MLSs are not listed as defendants in the
    lawsuit, but as co-conspirators
    because they allegedly adopt, comply with
    and implement what the suit calls the “Buyer
    Broker Commission Rule”. Although they are
    not currently defendants, any one of them
    could be responsible for paying damages and
    found as defendants at a later point.
    Lawsuits
    In April 2019, another nearly identical
    complaint from homeseller
    Sawbill Strategic Inc, also in the US District
    Court’s Northern District of Illinois.

    On June 16, 2019, the Moerhl and Sawbill


    complaints merged and added
    six additional homeseller plaintiffs in a
    consolidated and amended
    suit.
    Lawsuits
    The same month a third homeseller, Sitzer
    and Winger, filed another suit, in the Western
    District of Missouri, obviously copied from
    the Illinois complaints.

    (class definition covers sellers who listed


    homes in 4 Mo. MLSs)
    Lawsuits
    September 6, 2019
    Redfin begins displaying all buyer-broker
    commissions on all its Seattle listings on its
    website.

    October 1, 2019
    Redfin, Windermere Real Estate and
    Coldwell Banker Bain begin displaying
    buyer-broker commissions on all Northwest
    MLS listings on their websites.

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