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Buyer Broker Commissions
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- By now, everyone has heard of the antitrust lawsuits that have been filed against the National Association of Realtors® (“NAR”) and various Multiple Listing Services (“MLS”), as well as real estate brokerages alleging antitrust violations related to the NAR MLS co-op broker commission requirement.
- The lawsuits allege that this NAR MLS requirement resulted in sellers and buyers paying inflated real estate broker commissions.
- Anywhere Real Estate (formerly Realogy Holdings, Inc.) and REMAX reached settlements in the Moehrl and Sitzer cases.
- Earlier this month, Redfin announced that where possible, it will require its brokers (who are employees, not independent contractors) to resign from NAR. In many cases, MLS access is tied to REALTOR® association membership and brokers only have access to promulgated forms with their REALTOR® membership; in these areas, Redfin brokers may remain NAR members.
- Although the U.S. Supreme Court has not considered the issue, four Federal Circuit Courts of Appeal (the 1st, 5th, 6th, and 7th) have now ruled in favor of REALTOR® association MLSs on the issue.
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