The proposed settlements involving three major real estate brokerages accused of improper commission practices in the Sitzer/Burnett lawsuit are facing a challenge from plaintiffs in another lawsuit.
The plaintiffs in the Batton 1 lawsuit filed a motion for a temporary restraining order and preliminary injunction the U.S. District Court for the Northern District of Illinois Eastern Division to stop the final approval to the agreements reached by Anywhere, Keller Williams and RE/MAX. The Batton 1 plaintiffs claimed the three brokerages “did not reveal their intent to release homebuyer claims” until May 3 and waited until yesterday to state their settlements were meant to deny the Batton 1 plaintiffs from pursuing their claims against them.
The Batton 1 case was initially filed in Illinois by homebuyer Judah Leeder in 2021, but was dismissed the following year and later refiled with another buyer, Mya Batton, taking over as the lead defendant and giving the case her surname. In addition to the three aforementioned brokerages, the other defendants were the National Associations of Realtors and HomeServices of America – the court dismissed the latter from the case in February.
A second similar case, dubbed Batton 2, was filed two days after the Sitzer/Burnett verdict was announced – Mya Batton was the lead plaintiff on this case, which focused on a different set of brokerages: Compass, Douglas Elliman, eXp, Howard Hanna Real Estate, Redfin, United Real Estate and Weichert Realtors.
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Tracy Kasper, the president of the National Association of Realtors, on Monday said she was resigning after a blackmail threat.
Kasper’s predecessor as president, Kenny Parcell, resigned last summer after The New York Times published a story detailing claims he sexually harassed women he worked with.
NAR CEO Bob Goldberg resigned in November after a federal jury found the group and some residential real estate brokers liable for a conspiracy to artificially inflate brokers’ commissions from home sales.
THEN READ THIS: PUBLISHED 11/19/2020
The Department of Justice today filed a civil lawsuit against the National Association of REALTORS® (NAR) alleging that NAR established and enforced illegal restraints on the ways that REALTORS® compete.
The Antitrust Division simultaneously filed a proposed settlement that requires NAR to repeal and modify its rules to provide greater transparency to home buyers about the commissions of brokers representing home buyers (buyer brokers), cease misrepresenting that buyer broker services are free, eliminate rules that prohibit filtering multiple listing services (MLS) listings based on the level of buyer broker commissions, and change its rules and policy which limit access to lockboxes to only NAR-affiliated real estate brokers. If approved, the settlement will enhance competition in the real estate market, resulting in more choice and better service for consumers.
THIS IS WHERE IT ALL STARTED! WILL SOMEONE HELP FIGURE THIS OUT!
In my 20 years of experience, I have come to know and respect many of my colleagues, Realtors, who I have had the pleasure of working with or dealing with in a transaction. Their jobs are their livelyhoods and they take it seriously, as do I. The job entails working seven days a week and seven nights. All of this time is not solely dedicated to making a commission check, rather it is for the purpose of helping people realize the American dream of home ownership. This is an industry that with the guidelines of the NAR, has been operating with integrity and dedication. Realtors are also one of the most charitable people in their communities and continue to give back at every turn. My point is, some bad apples do not spoil the whole bunch!
NAR, and their State and Local Associations are monopolistic and members must adhire to rule. However commissions are always negotible which is clearly stated in Listing Agreements. Further, why should everyone have access to lock boxes? This is a major security matter. Dumb….
I totally agree that realtors are honest caring people. I think we follow rules and ethics Our lock boxes should continue to be part of our program which keep safety for our sellers property. I have been in real estate for 37 years and think we’ve come a long way to refining how we do this job. I have always negotiated the commissions I explain the agreements and contracts. I work hard and enjoy all of my clients. I go out of my way to help sellers and buyers. With whatever they need. I am saddened by what’s happening because of a few mistakes made by others.
This results from a class action money grab where NAR could have protected us. It is just that simple