News & Analysis as of

Sales Commissions Antitrust Provisions

Cole Schotz

Buyer Beware: An update on the sweeping changes implemented by the National Association of Realtors and their potential...

Cole Schotz on

Major changes hit the U.S. housing market this past month that may lead to lower housing prices across the nation. These changes stem from a settlement agreement entered into by the National Association of Realtors (“NAR”),...more

Whitman Legal Solutions, LLC

Confusion Abounds with Buyer Brokerage Agreements Post NAR Settlement

The real estate industry is experiencing a situation due to new rules relating to buyers’ brokers in residential real estate transactions. Earlier this year, facing a $1.8 Billion verdict, the National Association of Realtors...more

Manatt, Phelps & Phillips, LLP

NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate

In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National...more

Whitman Legal Solutions, LLC

Why the NAR Settlement Might Favor Sellers of High-Priced Homes

Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the...more

Whitman Legal Solutions, LLC

Burnett v. NAR Verdict Won’t Immediately Change Broker Incentives

Like violin pedagogy, real estate brokerage commissions for home sales have followed a set practice for decades, even though it might not be the best arrangement for all involved. Sellers listed their homes with a real estate...more

Robins Kaplan LLP

Apple Inc. v. Pepper: A Case to Watch for Commissions-Based Retailers Selling Directly to Consumers

Robins Kaplan LLP on

In May, the U.S. Supreme Court issued a decision in Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019), holding that consumers of Apple’s App Store could bring suit against the tech giant for antitrust claims. ...more

Whitman Legal Solutions, LLC

Moehrl v. NAR and Competition in the Real Estate Industry

For home sales, multiple listing services (MLS) are the main source of information about properties listed for sale. And, buyers cannot access MLS listings on their own, because MLS limits most access to licensed real estate...more

Carlton Fields

Brokers Beware, Next Antitrust Liability Target: Is Your Brokerage at Risk?

Carlton Fields on

A new class action lawsuit alleges that the National Association of Realtors (NAR), along with some of the largest real estate firms in the nation — RE/MAX, Keller Williams, Realogy Holdings, and HomeServices of America...more

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