Real Estate Giants Found Liable in $1.78 Billion Commission Scandal

Real Estate Giants Found: In a significant legal development, the National Association of Realtors (NAR) and several residential brokerages have been found guilty by a Missouri jury of conspiring to artificially inflate commissions for home sales, resulting in a liability of $1.78 billion in damages. This verdict stems from a case brought forward by home sellers who, between 2015 and 2022, collectively raised objections to the commissions they were required to pay to buyers’ brokers.

The plaintiffs, encompassing the sellers of over 260,000 homes in Missouri, Kansas, and Illinois, asserted that the commission model stifled competition in the real estate industry. Despite the diminishing role of brokers as homebuyers increasingly turn to online platforms for property searches, commissions for buyer’s brokers remained in the 2.5% to 3% range. This verdict has the potential to be tripled to over $5.3 billion under U.S. antitrust law, though the ruling is subject to appeal.

Michael Ketchmark, the lead lawyer for the plaintiffs, hailed the ruling as a moment of accountability in the real estate sector. On the other hand, the defendants have consistently denied wrongdoing. The NAR emphasized that there was no evidence suggesting that agents were compelled to “make offers of compensation at all, let alone at amounts that stabilize, fix, or raise commissions.”

Real Estate Giants Found (1)

NAR President Tracy Kasper announced the association’s intention to appeal the liability finding, maintaining that NAR rules ultimately serve the best interests of consumers, support market-driven pricing, and foster healthy business competition. Both Berkshire-owned HomeServices of America and Keller Williams were also defendants in the case. HomeServices expressed disappointment in the verdict and plans to appeal, while Keller Williams is considering its options and affirming that this is not the end.

It’s noteworthy that Re/Max and Anywhere Real Estate, representing brands such as Century 21, Coldwell Banker, and Corcoran, were initially defendants in the case but chose to settle before the trial. Re/Max paid $55 million, while Anywhere Real Estate paid $83.5 million without admitting liability.

In a parallel legal development, the U.S. Department of Justice is seeking to revive an antitrust probe into the NAR’s practices, further underscoring the scrutiny faced by the real estate industry regarding its commission practices and competition regulations.

Also read: Santander Ambitious Move: Shedding 5 Billion Euros in Toxic Real Estate Assets”

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