Legal and Regulatory - St Louis Real Estate News

Zillow’s New Listing Ban Sparks Federal Lawsuit, and Raises Big Questions for Sellers, Buyers, and Agents

By Dennis Norman, on June 24th, 2025

Compass vs Zillow lawsuit over private listings

A new lawsuit filed this week by Compass against Zillow has stirred up serious debate in the real estate industry, and while it may sound like a clash of two corporate giants, the real impact hits much closer to home, literally, for consumers, sellers, and real estate agents across the country, including right here in St. Louis.

In the 60-page complaint filed in federal court, Compass accuses Zillow of using its massive power and reach in the home search world to enforce what it calls an “anti-competitive ban” that hurts competition and restricts how agents can market listings for their Continue Reading →

Private Listings in Missouri: State Regulators Are Paying Attention

By Dennis Norman, on June 13th, 2025

Private Listing Networks in Missouri and the MREC

While brokers across the country argue over Clear Cooperation and buyer compensation, one group isn’t making noise — but they are taking notes. State real estate commissions, including Missouri’s, are quietly preparing for enforcement… and private listings are on their radar.

In a recent blog post titled “Private listings just got real: State regulators have entered the chat“, real estate compliance consultant Summer Goralik, a former DRE investigator, warned that off-MLS listings marketed without clear seller-driven intent could expose brokers to serious regulatory trouble. And in Missouri, that trouble comes with a very specific rulebook.

Continue Reading →

NAR Updates Speech Rule: Is it Time for REALTORS® Previously Sanctioned to Get Justice?

By Dennis Norman, on June 12th, 2025

Rob Hahn recently ignited an important conversation about the National Association of REALTORS® (NAR) decision to significantly modify Standard of Practice 10-5, a rule initially established to prevent harassment based on protected characteristics. While NAR’s move to restrict 10-5’s scope solely to REALTORS’ professional activities has been welcomed as a step toward safeguarding free speech, Hahn highlights another critical dimension needing attention: restitution for those previously penalized under its broader interpretation.

According to Hahn, now that NAR acknowledges the overreach of the initial rule, it owes apologies and possibly reparations to REALTORS previously sanctioned under it. As Continue Reading →

Federal Lawsuit Challenges NAR Policy That Forces Brokers to Pay for Non-Member Agents

By Dennis Norman, on June 10th, 2025

JOhn Diaz vs NAR lawsuit over dues for non member agents

A new federal lawsuit filed in California is challenging a long-standing National Association of REALTORS® (NAR) policy that many small and independent brokers argue has quietly stifled competition in the real estate industry for years. The suit, brought by broker John Diaz, centers on the “Variable Dues Formula” — a policy that requires designated REALTOR® brokers to pay NAR dues not just for themselves, but also for any agents in their firm who are not NAR members, even if those agents opt out of the services.

While this may sound like an administrative issue, it has real consequences, particularly for Continue Reading →

McBride Homes Just Took a Legal Gut Punch. Here’s What It Means for Buyers

By John Donati, on June 10th, 2025

McBride Homes, the largest builder in St. Louis, is in hot water. A St. Louis County judge just denied their attempt to stop Builder’s Bloc, a major contractor, from going after them for more than $10 million in unpaid work. The result? Legal chaos spilling over onto unsuspecting homebuyers.

The Fight: $10 Million, Dozens of Homes, and No Resolution

Builder’s Bloc claims McBride didn’t pay up. In response, they’ve filed liens on homes in multiple McBride communities. These aren’t empty threats. Some buyers have already closed and now own homes with liens attached. Others are under contract and facing serious Continue Reading →

National Association of REALTORS® Scales Back Speech Rules to Focus on Professional Conduct

By Dennis Norman, on June 5th, 2025

REALTORS Change to Code of Ethics SOP 10-5 to allow free speech

The National Association of REALTORS® Board of Directors today approved updates to Standard of Practice 10-5 and Professional Standards Policy Statement 29 — both key components of Article 10 of the Code of Ethics. These long-anticipated changes, debated since 2023, aim to bring more clarity and consistency to how REALTORS® are held accountable when it comes to discrimination and harassment.

As I reported in my May 26th article, concerns had been growing over whether SOP 10-5 infringed on members’ personal free speech — especially in cases where comments or beliefs expressed outside the workplace led to disciplinary action. The revised Continue Reading →

Sitzer Settlement on the Brink? New Appeal Could Reopen Commission Lawsuit

By Dennis Norman, on May 30th, 2025

Sitzer v NAR settlement challenged and may be tossed by court

Quick Summary: A new legal challenge could undo the $1.8 billion+ Sitzer/Burnett vs NAR real estate commission settlement. If successful, it could reverse everything the industry has done to comply, and throw home sellers, agents, and brokerages in St. Louis and across the U.S. into another round of litigation and uncertainty.

A key settlement in the Sitzer/Burnett commission lawsuit, the one that was supposed to change how agents get paid, may be on the brink of collapse. Law professor and former home seller Tanya Monestier has filed a formal appeal in the U.S. Court of Appeals for the Eighth Circuit. Continue Reading →

Fed Report Sheds Light on Real Estate Commissions as St. Louis Data Reveals Long-Term Downtrend

By Dennis Norman, on May 16th, 2025

The Federal Reserve’s latest note on real estate commissions adds some national context to trends we’ve seen unfold in St. Louis for decades. While their report shows a national decline in buyer agent commissions from 3% in the late 1990s to around 2.7% in 2022, our local data shows this shift started much earlier and ran a bit deeper here.

In the St. Louis metro area, the median commission paid to buyer’s agents has been on a steady decline since peaking near 3% back in the early 2000s. By 2023, it had dropped to about 2.59%, just before MLS rules Continue Reading →

Wire Fraud Is Targeting Homebuyers and Sellers – And Most Don’t Even Know It’s Happening

By Dennis Norman, on May 14th, 2025

St Louis Real Estate Wire Fraud - 2025 Report

If you’re buying or selling a home in 2025, there’s a hidden threat you need to be aware of: wire fraud. According to the newly released State of Wire Fraud 2025 report by CertifID, 1 in 4 consumers reported receiving suspicious or fraudulent communication during their real estate transaction—and nearly 1 in 20 fell victim.

In 2024 alone, these scams resulted in nearly $500 million in losses. The method? Criminals impersonate trusted figures in the transaction—with real estate agents being the top target, mentioned by 58% of victims. Title agents were Continue Reading →

Court Blocks St. Louis Short-Term Rental Law, Halts All Permits and Fees

By Dennis Norman, on May 1st, 2025

Restraining order against City of St Louis on short term rental permits

On April 22, 2025, a court issued a temporary restraining order preventing the City of St. Louis from enforcing Ordinance 71729, which governs short-term rentals in the city. As a result, the city has paused all activity related to the permitting and regulation of short-term rentals, including accepting new applications, conducting inspections, issuing permits, and collecting associated fees. This pause also affects the recently passed Proposition S, halting the collection of the 3% fee approved by voters in November 2024.

While the legal dispute continues, short-term rentals can continue to operate in the City of St. Louis without permits as Continue Reading →

St. Louis Condo Owners: Is Your Property at Risk from Unlicensed Managers?

By Dennis Norman, on April 28th, 2025

In Missouri, it’s an eye-opener that companies managing homeowners associations (HOAs), condominium associations, and subdivisions are not required to hold any type of state license—not even a real estate broker’s license. Yet, just across the river in Illinois, community association managers must be licensed under their Community Association Manager Licensing and Disciplinary Act. This gap in regulation here in Missouri leaves condo owners and homeowners vulnerable, particularly when it comes to the management of large associations that handle millions of dollars in dues and are responsible for common ground and major infrastructure like private streets and utilities.

Think about it: Continue Reading →

What’s Happening in Washington Could Impact Your Next Move in St. Louis

By Dennis Norman, on April 9th, 2025

If you’re a homebuyer or seller in the St. Louis area, heads up—there’s something going on in Washington that may affect your next move in a bigger way than you think.

The Department of Justice just appointed Roger Alford to a top antitrust role. He’s not a household name, but he’s someone who’s been deep in the fight over real estate commissions and how homes get marketed. He played a key role in the massive $1.8 billion verdict in the Sitzer/Burnett case here in Missouri—where a jury said real estate commissions were being artificially inflated by the industry.

So what’s Continue Reading →

Big Trouble for NAR? DOJ Just Hired the Guy Who Took Them Down

By Dennis Norman, on April 3rd, 2025

Roger Alford - DOJ vs NAR - Clear Cooperation

There’s been a significant appointment at the Department of Justice that should grab the attention of everyone in the real estate industry. Roger Alford, a Notre Dame law professor with deep antitrust experience and a key expert witness in the 2023 Sitzer/Burnett case against NAR, has been named Principal Deputy Assistant Attorney General for the DOJ’s Antitrust Division. That’s a strong signal of where things may be heading.

Alford has made his views on NAR’s practices clear—particularly the Clear Cooperation Policy and MLS rules that tie access to REALTOR® membership. In his testimony and published work, he’s Continue Reading →

Delayed Marketing Exemptions Introduced by NAR—Real Solution or Band-Aid?

By Dennis Norman, on March 25th, 2025

Today, the National Association of REALTORS® (NAR) announced significant changes to its controversial Clear Cooperation Policy (CCP). After months of debate and scrutiny—from brokers, MLS leaders, agents, and legal experts—NAR introduced the new “Multiple Listing Options for Sellers” policy, which aims to address concerns around consumer choice and market fairness.

I’ve written extensively on why the original CCP faced such strong opposition, notably in my recent article highlighting attorney Michael Ketchmark’s explicit warning to NAR brokers: repeal CCP or face legal action. Ketchmark, lead counsel in the landmark Sitzer lawsuit, clearly indicated that maintaining the CCP could Continue Reading →

Attorney Michael Ketchmark Warns NAR Brokers: Repeal Clear Cooperation or Face Legal Action

By Dennis Norman, on March 12th, 2025

Legal Counsel Behind Billion-Dollar Verdict Vows to Enforce NAR Settlement Strictly

The National Association of Realtors (NAR) is on the verge of making a pivotal decision about its controversial Clear Cooperation Policy (CCP)—a rule requiring listings to be submitted to a multiple listing service (MLS) within one business day of public marketing. Now, attorney Michael Ketchmark, lead counsel in the landmark Sitzer lawsuit, has issued a stark warning: if NAR brokers vote to maintain the rule, he may take legal action against them.

Ketchmark, in an interview with Inman News, made his stance clear: “It’s my expectation that after this meeting, when this comes to a NAR Continue Reading →

Austin’s MLS Opens to Non-REALTOR® Agents—Could It Happen in St. Louis?

By Dennis Norman, on February 6th, 2025

Big changes are coming to Austin’s real estate market, and while they might seem far away, they could signal future shifts in St. Louis. The Austin Board of REALTORS® (ABoR), which owns and operates Unlock MLS (formerly ACTRIS), has announced that starting in June 2025, real estate agents will no longer be required to be REALTOR® members to access the MLS. This means agents in Austin can now choose whether or not to join the National Association of REALTORS® (NAR) while still being able to list homes on the MLS. Could something like this happen in St. Louis? Not without Continue Reading →

Broker Challenges NAR’s MLS Control: “They Keep Overreaching”

By Dennis Norman, on January 23rd, 2025

The real estate industry’s relationship with the National Association of Realtors faces mounting challenges as multiple lawsuits emerge nationwide. Texas broker Lou Eytalis recently joined others in challenging NAR’s mandatory membership requirements for MLS access (see lawsuit complaint below), with similar cases in Michigan, Pennsylvania, and Louisiana. These suits coincide with controversy over NAR’s Standard of Practice 10-5, which has sparked First Amendment challenges from both brokers and agents who argue the rule improperly restricts speech by banning hate speech and discriminatory language on personal social media accounts.

These legal challenges come amid a turbulent Continue Reading →

Honoring Dr. King’s Legacy: A Commitment to Fair Housing in St. Louis

By Dennis Norman, on January 20th, 2025

Dr Martin Luther King Jr, Fair Housing St Louis Realtors

Today, we honor the legacy of Dr. Martin Luther King Jr., a visionary who championed equality, justice, and the inherent dignity of all people. His fight against systemic injustices extended to housing discrimination, a battle that continues to shape communities across the nation, including right here in St. Louis.

Fair housing has been a cornerstone of efforts to ensure everyone has access to safe, affordable homes without fear of discrimination. Landmark legislation like the Fair Housing Act of 1968 is part of Dr. King’s enduring legacy, prohibiting discriminatory practices based on race, color, national origin, religion, and other protected classes. Continue Reading →

Court Rules Floor Plans Can Be Used in Marketing, Protecting Sellers’ Interests

By Dennis Norman, on January 17th, 2025

Designworks vs House of Brokers Floor Plan Lawsuit

A recent lawsuit that reached the U.S. Court of Appeals for the Eighth Circuit and concluded with a ruling on January 14, 2025, sheds light on a significant issue for homeowners and REALTORS® alike regarding copyright infringement and the use of floor plans in marketing homes. The case, Designworks Homes, Inc. v. House of Brokers Realty, Inc., involved Columbia, Missouri-based House of Brokers Realty and other defendants, and revolved around whether real estate agents and brokers could use floor plans in marketing properties without infringing on copyrights. Ultimately, the court ruled in favor of the defendants, citing the fair use Continue Reading →

Supreme Court Clears Way for DOJ Investigation into REALTOR® Policies

By Dennis Norman, on January 14th, 2025

The Supreme Court yesterday declined to review the National Association of REALTORS’ (NAR) appeal to block the Department of Justice (DOJ) from resuming its antitrust investigation. This decision allows the DOJ to reopen its probe into NAR’s practices, including the Clear Cooperation Policy and the Participation Rule, both of which have been criticized for limiting competition in the real estate industry.

The Clear Cooperation Policy requires listing brokers to submit a property to their Realtor-affiliated MLS within one business day of marketing it publicly. This policy was intended to ensure transparency but has faced allegations of reducing competition and restricting Continue Reading →

St. Louis Lawmakers Introduce Bills to Hold Negligent Property Owners Accountable

By Dennis Norman, on January 10th, 2025

St. Louis Lawmakers Push for Accountability on Vacant Property Violations

St. Louis lawmakers have introduced three significant bills aimed at increasing accountability for owners of vacant and deteriorated properties, building on the recent approval of Proposition V, which lifted a decades-old cap on fines for ordinance violations. With nearly 14,000 city properties having outstanding code violations and over 24,000 vacant properties in the city, these bills seek to address issues that have long plagued St. Louis neighborhoods.

The proposed legislation includes Board Bill 169, introduced by Alderman Michael Browning, which raises fines for vacant and deteriorated properties from $25 for the first violation to $100, with repeat offenses escalating to Continue Reading →

DOJ Adds Six Major Landlords to RealPage Antitrust Lawsuit

By Dennis Norman, on January 7th, 2025

The Department of Justice (DOJ) has expanded its antitrust lawsuit against RealPage by naming six of the nation’s largest landlords as defendants, according to the amended complaint filed recently. These landlords are accused of participating in a coordinated pricing scheme that relied on sensitive competitive data and algorithmic pricing tools to maintain elevated rents, impacting millions of renters across the U.S.

The landlords named in the amended complaint—Greystar Real Estate Partners, Blackstone’s LivCor, Camden Property Trust, Cushman & Wakefield, Willow Bridge Property Company, and Cortland Management—operate more than 1.3 million rental units nationwide. The DOJ alleges that these landlords not Continue Reading →

Protect Your Home Equity: Wire Fraud Risks for Homeowners with Lines of Credit

By Dennis Norman, on January 3rd, 2025

Wire Fraud - Heloc Fraud - Stolen Homeowners Equity

The Risks of HELOC Wire Fraud: A Case Study for St. Louis Homeowners

A recent lawsuit, Skertich vs. Shellpoint Mortgage Servicing and Alliant Credit Union, highlights alarming vulnerabilities in Home Equity Lines of Credit (HELOCs) when it comes to wire fraud. According to the complaint, a fraudulent wire transfer amounting to $425,650 was authorized using counterfeit documents and improper verification processes. Despite clear red flags, such as mismatched signatures and suspicious IP addresses, the financial institutions involved processed the transaction. This serves as a stark reminder for homeowners in St. Louis and beyond to exercise caution with HELOC accounts.

The Continue Reading →

CFPB Sues Rocket Homes Over Alleged Kickback Scheme

By Dennis Norman, on December 26th, 2024

Consumer Finance Protection Bureau (CFPB)

The Consumer Financial Protection Bureau (CFPB) has filed a federal lawsuit against Rocket Homes Real Estate LLC and the Jason Mitchell Group, alleging violations of the Real Estate Settlement Procedures Act (RESPA). The complaint, filed in the Eastern District of Michigan, accuses the defendants of participating in a scheme involving kickbacks and steering practices that compromised the trust consumers place in their real estate agents.

According to the CFPB’s allegations, Rocket Homes pressured real estate agents and brokers to steer clients toward its affiliate, Rocket Mortgage, and other related services, often at the expense of offering clients competitive alternatives. Continue Reading →

Rental Pricing Software Under Fire: RealPage Defends Practices

By Dennis Norman, on December 6th, 2024

RealPage, Inc., a key provider of software solutions for rental property management, has filed a motion to dismiss the antitrust lawsuits brought against it by the U.S. Department of Justice (DOJ) and several states. These suits allege that RealPage’s revenue management software violates the Sherman Act by encouraging landlords to set higher rents. In its motion to dismiss, RealPage refutes these claims, arguing that its software operates within the bounds of the law and that plaintiffs fail to show sufficient evidence of harm or illegal coordination.

The crux of RealPage’s argument is that their software merely provides aggregated data and Continue Reading →

Settlement in REALTOR Commission Case Gains Final Approval

By Dennis Norman, on November 27th, 2024

The landmark settlement in the Burnett (Sitzer) v. National Association of Realtors (NAR) class action lawsuit has officially received final approval from U.S. District Judge Stephen R. Bough on November 27, 2024. This settlement is set to impact millions of homeowners across the U.S., offering substantial financial restitution and mandating significant changes in real estate practices. The full details of the court’s order and settlement terms are provided in the document below.

Judge Bough emphasized the fairness of the settlement, noting that it provides “substantial benefits to the class” while ensuring equitable treatment of all members. Over 491,000 claims have Continue Reading →

NAR’s Speech Code Sparks Controversy: What It Means for Real Estate Agents

By Dennis Norman, on November 26th, 2024

NAR Standard of Practice 10-5 Inhibits Freedom of Speech

A recent Notorious P.O.D. interview with Wilson Fauber, a Virginia real estate broker and ordained minister, has brought renewed attention to the National Association of Realtors’ (NAR) controversial Standard of Practice 10-5. The rule prohibits hate speech, epithets, and harassing language by Realtors® at all times, including outside their professional lives.

Fauber faces an ethics hearing over social media posts he made years before the rule’s enactment, including one quoting scripture. Supporters argue the rule ensures a welcoming environment for all, while critics believe it infringes on personal freedoms and is being selectively enforced.

Why This Matters to Agents

The Continue Reading →

Fair Competition in Real Estate? DOJ Takes Aim at Industry Practices

By Dennis Norman, on November 25th, 2024

The Department of Justice (DOJ) is turning up the heat on the National Association of Realtors (NAR) and the real estate industry at large. In a Statement of Interest filed in the class-action lawsuit Burnett v. NAR, the DOJ highlighted ongoing concerns about antitrust practices that could harm buyers, sellers, and competition within the real estate market.

The DOJ took particular aim at the current practice of unilateral offers of compensation to buyer brokers. These practices, the filing explains, pressure sellers to offer high commissions—often 2.5-3%—to buyer brokers to avoid “steering,” ultimately driving up home prices. This arrangement benefits neither Continue Reading →

Court Denies eXp Realty’s Request to Pause Litigation: Key Takeaways

By Dennis Norman, on November 15th, 2024

A federal court recently denied a request from eXp Realty to pause ongoing litigation while a settlement in a related case was being finalized. This ruling highlights growing concerns over settlement practices in the real estate industry, particularly in cases involving alleged anti-competitive behaviors. Plaintiffs in the case argued that the proposed settlement in the related Hooper lawsuit failed to adequately address claims or consider eXp’s financial resources, potentially leaving affected homebuyers and sellers shortchanged.

For consumers, this decision underscores the importance of accountability and fairness in real estate dealings. As cases like this challenge longstanding industry norms, buyers and Continue Reading →

Why NAR Should Repeal the Speech Code: Rob Hahn’s Call for Change

By Dennis Norman, on November 7th, 2024

NAR Code Of Ethics Standard of Practice 10-5

In his recent article, “Repeal the Speech Code,” Rob Hahn has urged the National Association of REALTORS® (NAR) to reconsider its controversial Standard of Practice 10-5. This policy, implemented in 2020, prohibits REALTORS® from using harassing or hate speech, epithets, or slurs based on protected classes, such as race, religion, and gender identity, in both professional and personal settings. Hahn argues that while intended to promote inclusivity, the policy overreaches and restricts REALTORS®’ freedom of speech outside of real estate-related activities.

The case of Brandon Huber, a REALTOR® and pastor, illustrates Hahn’s concerns. Huber was penalized under Standard of Practice Continue Reading →