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Real Estate Commission Lawsuit

A class-action lawsuit against the National Association of Realtors (NAR) alleges that the current system artificially inflates home prices to the detriment of home sellers.  You may be entitled to compensation if you sold a house within the last four years and used a mortgage broker.

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The real estate commission class-action lawsuit argues that the NAR forces sellers to pay an inflated commission that’s split between the selling agent and the buyer’s agent. Under the existing system, the seller and the buyer suffer inflated costs that only benefit large brokerage corporations.

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What to Know About the Real Estate Commission Lawsuit

On October 31, 2023, a verdict was reached that awarded $1.8 billion in damages for “conspiring to keep commissions artificially high.” According to CNN, the decision could mark the beginning of the end of how homes are bought and sold in America.

The verdict in the Sitzer/Burnett v. NAR also opens the door for you to seek compensation if you’ve sold your home within the previous four years. We’ll explain.

Real estate agents work on commission meaning that they receive a percentage of the final sale price of a home. That percentage is typically between 5 and 6%, split between the seller’s agent and the buyer’s agent. However, it’s the seller who’s responsible for paying both agents.

Offer of Compensation

When the home seller is responsible for paying both their agent and the buyer’s agent, it’s known as an “offer of compensation.” As noted by NPR, the offer of compensation “is a financial incentive that says, if you help me sell my listings, I’ll help you sell yours.”

The realtor’s commission lawsuit argues that the offer of compensation is unfair. And ultimately, according to many, it hurts both sellers and buyers. In most cases, the buyer’s commission is added to the sale price, forcing buyers to pay the commission without control over negotiating the commission. This diminishes competition and inflates costs.

The offer of compensation came about in correlation with the creation of the Multiple Listing Service (MLS).

Multiple Listing Service

The MLS is a database that helps listing brokers find cooperative brokers working with buyers, a network of local databases that pools listings.

According to the Real Estate Commission lawsuit, home sellers are forced to share the commission to access the MLS. This “hoop” sellers are forced to jump through is unfair and keeps commissions artificially high. Moreso, it leads toward collusion.

Realtor Collusion

The current real estate system requires a home seller to offer compensation to buying real estate agents in order to be listed on a local multiple listing service. Attorneys were able to challenge this requirement rightfully. “That mandatory offer has allowed industry agents and brokers to collude by setting rates,” writes one expert.

Buyers are unaware that they can negotiate the commission rate because they’re told the seller will pay this expense.

A federal jury ordered the National Association of Realtors (NAR) and some of America’s biggest real estate brokerages to pay nearly $1.8 billion in damages.

This landmark verdict could upend longstanding real estate traditions. According to the verdict that was originally filed in 2019, “[the defendants] conspired to require home sellers to pay the broker representing the buyer of their homes in violation of federal antitrust law.”

Under the current system, home sellers must pay both their selling agent’s fee and, to list their home, offer to pay the buying agent’s fee as well. The verdict on October 31, 2023, means the current system may soon change.

New Class-Action Lawsuit for Home Sellers

What happens next? Buyer’s agent’s commissions are typically baked into the sale price of the home, but home buyers cannot negotiate those commissions. If realtor commissions are de-coupled, then buyers would be able to negotiate lower commissions. However this happens, a more competitive pricing market is likely on the horizon.

Following the monumental verdict in Sitzer/Burnett v. NAR Commission, lawyers are now filing a new class-action lawsuit in the U.S. District Court for the Western District of Missouri. The new class-action lawsuit known as Gibson v. NAR would cover anyone who sold a home in the last 4 years.

Am I Eligible to File a Home Seller’s Lawsuit?

If you sold a home within the last 4 years and you used a broker, you may be eligible to file a lawsuit. Call or contact Taylor King Law online for a free consultation.

Use our form below and one of our experienced team members can help you determine your eligibility to file a lawsuit.

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When you hire an attorney, they advocate for you. An experienced class-action lawyer will answer your questions, and walk you through each step of the process.

Having legal representation on your side can make the entire process easier. And because our firm works on a contingency basis, you won’t owe Taylor King Law anything until after we’ve helped you secure your settlement.

Unsure if you’re eligible to file a class action lawsuit against the NAR? Speak with an experienced lawyer to find out if you’re qualified for compensation. Talk with an attorney you can trust.

You can call Taylor King at 870.246.0505 or fill out the form and one of our team members will contact you. We’ll talk you through the entire process of filing a lawsuit so that you have all the information you need, and answer any questions you might have.

Hire a Taylor King Law attorney today.

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We’re available to speak over the phone or to schedule a virtual meeting online. However you prefer to discuss your case, Taylor King Law is here to help.

We have promised to be on the side of our friends and neighbors in Arkansas for 30 years. With more than 275 years of combined legal experience, our expert team is proud to represent you and your loved ones.

Do I Need a Lawyer to File a Real Estate Inflated Commission Lawsuit?

While a class action of this nature shares similarities with a personal injury lawsuit, the process of filing a class-action lawsuit is uniquely different than the average individual personal injury claim. We recommend contacting an attorney if you’re seeking reimbursement for damages.

Moreover, speak with an attorney with class action experience. You’ll need a law firm with both the capabilities to take on corporations and the understanding to handle the class action process.

When interviewing an attorney, ask questions about the legal process. Find out what will happen from the time you gain legal representation until the time your case is settled. How will they approach negotiations? What steps will their law firm take to gather evidence and calculate damages? Knowledge and experience are key details in selecting the right attorney for you.

Most importantly, be sure you’re working with a law firm you can trust.

We tell every potential client who calls our office that we’ll do everything in our power to help them, whether they choose to hire our firm or not. Call Taylor King in Arkansas and we’ll answer your questions, and help you find the right representation for your real estate commission lawsuit.

Which Real Estate Companies are Involved in the Realtor Commission Lawsuit?

Choose A Lawyer To Be On Your Side – By Your Side

Nationally recognized and locally awarded, Taylor King has the experience and the resources to go to work for you. With seven locations across Arkansas and Texas, Taylor King is available wherever you are in the Natural State.

If you have questions, then we’re more than ready to listen. Our personal injury team will help you seek justice. We’re ready to hold large corporations, like the National Association of Realtors, accountable. We will discuss the necessary steps and ensure your questions are answered.

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