Legal and Regulatory - St Louis Real Estate News

More Confusion, Less Transparency: Law Professor Objects to NAR Settlement

By Dennis Norman, on October 30th, 2024

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

Tanya Monestier, a tenured law professor at the University at Buffalo School of Law and former professor at Roger Williams University School of Law, has stepped into the Sitzer v. NAR lawsuit with a compelling and meticulously researched objection to the proposed settlement. Monestier, whose academic work on contract law and consumer protection has been cited by courts across North America—including the United States Court of Appeals and the Supreme Court of Canada—brings a formidable legal background to her critique. Her objection portrays the settlement as a superficial, paper-only solution that leaves consumers vulnerable to the same anti-competitive practices it Continue Reading →

Homeowners: Take Advantage of the Zonolite Trust Fund for Vermiculite Removal

By Michael Abernathy, on October 24th, 2024

Vermiculite Insulation - Zonolite Asbestos Claim

If your home contains Zonolite attic insulation (ZAI), which is known to include vermiculite contaminated with asbestos, you may be eligible for reimbursement through the Zonolite Trust Fund. This fund, created as part of the bankruptcy proceedings of W.R. Grace & Co., helps homeowners offset the cost of removing hazardous insulation. Below, we outline how you can file a claim and access the resources needed to ensure a smooth reimbursement process.

How to File a Claim

To receive reimbursement, you’ll need to provide documentation proving that vermiculite-based ZAI was present and has been removed from your home. Accepted evidence includes Continue Reading →

DOJ, CFPB Secure $8 Million Settlement with Fairway Mortgage Over Lending Discrimination

By Dennis Norman, on October 17th, 2024

Consumer Finance Protection Bureau (CFPB)

On October 15, 2024, the Department of Justice (DOJ) and the Consumer Financial Protection Bureau (CFPB) announced a settlement with Fairway Independent Mortgage Corporation following allegations of discriminatory lending practices, or redlining, in predominantly Black neighborhoods in Birmingham, Alabama. As part of the resolution, Fairway agreed to pay $8 million in relief and a $1.9 million civil penalty to address claims that it avoided providing credit services in these communities due to residents’ race and national origin.

The settlement contributes to the DOJ’s broader efforts through the Combating Redlining Initiative, which has secured over $150 million in relief since its Continue Reading →

NAR’s Clear Cooperation Policy: Protecting Consumers or Preventing Agents from Doing Their Job?

By Dennis Norman, on October 10th, 2024

NAR Clear Cooperation Policy - A Shield for Consumers or a Guard for the Real Estate Status Quo?

For the past few years, the National Association of Realtors’ (NAR) Clear Cooperation Policy has been a focal point of contention, sparking debate across the real estate industry. The rule, which mandates that any property being marketed to the public must be listed on the MLS within one business day, was introduced with the intention of promoting transparency and ensuring equal access to listings for agents and buyers alike. However, the policy has faced consistent opposition from various quarters, with critics arguing that it hampers the ability of agents to serve their clients’ best interests and limits consumer choice.

As Continue Reading →

Charter Update Seeks to Eliminate $500 Fine Cap, Allowing Unlimited Penalties for Property Violations (Proposition V)

By Dennis Norman, on October 4th, 2024

St. Louis voters will have the opportunity to vote on Proposition V this November, a charter update designed to give the city stronger tools to hold negligent property owners accountable. Currently, fines for ordinance violations related to vacant and non-owner-occupied deteriorated properties are capped at $500—a limit that has remained unchanged since the 1970s. Proposition V, introduced by Alderwoman Daniela Velazquez, aims to remove this outdated cap and empower the city to set fines that can be adjusted based on the severity of the violations.

The proposed bill, Board Bill Number 72, states that the cap has become ineffective over Continue Reading →

NAR’s Clear Cooperation Policy – Protecting Homeowners or Hampering Their Options?

By Dennis Norman, on September 27th, 2024

The National Association of Realtors’ (NAR) Clear Cooperation Policy has been a contentious topic since its inception in 2019. The rule, which mandates that listings must be added to the MLS within one day of being publicly marketed, aims to provide transparency and equal access to all agents and homebuyers. However, as highlighted in anInman News article today, the policy is now facing strong opposition from major real estate firms like Compass and Anywhere Real Estate, both of which are calling for changes that would provide more flexibility to sellers.

This isn’t the first time the Clear Cooperation Policy has Continue Reading →

The Future of Real Estate Commissions: Transparency and Negotiation Take Center Stage

By Dennis Norman, on September 24th, 2024

St Louis Buyers Agent Commission - Real Estate Commission

There was an opinion piece published today on Inman News by Eric Bramlett that suggests that fears of a widespread shift in commission payments from sellers to buyers are overblown. Bramlett argues, “Sellers are primarily concerned with the net proceeds they’ll receive and the overall terms of the contract.” While I agree that many sellers will still “pay” the buyer’s agent commission, I don’t believe the traditional commission structure will endure. In fact, the St. Louis Association of REALTORS® is in the process of updating the forms that most of the St Louis area REALTORS®, including listing agreement. In this Continue Reading →

The Lingering Impact of the Manhattan Project on North County

By Dennis Norman, on September 19th, 2024

Army Corp of Engineers Manhattan Project Sign

St. Louis’ connection to the Manhattan Project might be a footnote in history books, but for residents of North County, its legacy is still felt today. Decades after uranium processing for the first atomic bombs took place at Mallinckrodt Chemical Works in downtown St. Louis, the environmental and health effects continue to affect North County communities.

The Manhattan Project’s Reach in St. Louis County

During World War II, Mallinckrodt processed uranium for the development of atomic bombs, storing the radioactive waste near the St. Louis Airport and along Latty Avenue. Unfortunately, the waste wasn’t properly contained, which led to contamination Continue Reading →

Fed Cuts Rates Amid Slowing Job Gains and Inflation Concerns

By Dennis Norman, on September 18th, 2024

The Federal Reserve made an important announcement today that could have a ripple effect on the real estate market in St. Louis and beyond. In their latest meeting, the Federal Open Market Committee (FOMC) decided to lower the federal funds rate by half a percentage point, bringing the target range down to 4.75% to 5%. This move comes as the Fed notes continued solid economic activity but acknowledges that job gains have slowed, and inflation, while improving, still remains above their 2% target.

For homebuyers and real estate investors, this rate cut could lead to a slight reduction in borrowing Continue Reading →

Missouri’s New Homestead Property Tax Credit: Relief for Senior Homeowners

By Sandie Hea, on September 5th, 2024

Senior Property Tax Freeze - St Louis, MO

A significant change in property tax law took effect in Missouri on August 28, 2024, offering financial relief to many of our senior residents. The newly implemented Homestead Property Tax Credit is designed to help senior citizens manage their property tax liabilities more effectively. Here are the key points of the new law:

Eligibility: Missouri residents who are 62 years or older, own their home, and are liable for real property taxes. Credit Amount: The credit equals the difference between the current tax liability and the tax liability during the taxpayer’s initial credit year. Local Adoption: Counties can adopt the Continue Reading →

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

By Dennis Norman, on August 19th, 2024

In a recent telephone interview with an Inman News reporter, Michael Ketchmark, lead plaintiffs’ counsel in the groundbreaking Sitzer | Burnett case, emphasized the importance of strict compliance with the National Association of Realtors’ (NAR) proposed settlement. Ketchmark and his team are keeping a close eye on how the real estate industry rolls out these changes, warning that any attempts to evade the new rules will be met with swift legal action. “If anyone thinks they’re going to be able to avoid the application of this settlement agreement and the law by creating some new forms or hiding this cooperation Continue Reading →

Hidden Dangers of Contract for Deed: CFPB Report Highlights Predatory Practices

By Dennis Norman, on August 13th, 2024

CFPB Report Exposes the Dangers of Contracts for Deed: A Warning for St. Louis Homebuyers

The Consumer Financial Protection Bureau (CFPB) has released a comprehensive report highlighting the risks and challenges associated with “contracts for deed,” a form of seller financing often used as an alternative to traditional mortgages. While these contracts can provide a pathway to homeownership for some, the report underscores the significant dangers they pose, particularly to vulnerable populations, including low-income, Black, Hispanic, and immigrant communities.

Contracts for deed are often characterized by substandard housing, inflated prices, and a lack of consumer protections. Buyers assume all responsibilities of homeownership, yet they do not gain legal title until all payments are completed, Continue Reading →

Former Des Peres Alderman Sentenced for Embezzling $292,000 from Real Estate Clients

By Dennis Norman, on August 12th, 2024

John Pound, a former alderman of Des Peres, Missouri, has been sentenced to five years of probation and ordered to repay $292,305 after pleading guilty to embezzling funds from clients of his real estate management company, Commercial Realty Management Inc. Pound’s fraudulent activities spanned a decade, during which he manipulated financial records to siphon off larger commissions and management fees than authorized from a commercial property on North Euclid Avenue in St. Louis’ Central West End. His actions, which included falsifying QuickBooks entries and misrepresenting budgets, resulted in significant financial losses for his clients. Pound’s sentencing serves as a stark Continue Reading →

Transparency in Real Estate: What the New Rules Mean for You

By Dennis Norman, on July 24th, 2024

This week, on July 23rd, the St. Louis REALTORS® Association implemented new and revised contract forms and agreements for use by Realtors throughout St. Louis and the surrounding areas. These updates are a direct response to significant changes in industry practices resulting from the settlement of massive class action lawsuits by the National Association of Realtors (NAR). For a detailed breakdown of these changes, you can refer to the settlement agreement below.

The revisions aim to align current practices with the legal outcomes of these settlements, ensuring compliance and fostering transparency in real estate transactions. One of the pivotal changes Continue Reading →

Biden’s Rent Cap Plan Faces Criticism from Home Builders Association

By Dennis Norman, on July 16th, 2024

President Biden has announced a plan to cap rent increases at 5% per year for corporate landlords with more than 50 units. This initiative is part of a broader strategy to lower housing costs and address the housing shortage. The plan also includes repurposing public land for affordable housing and rehabilitating distressed properties. The Biden administration emphasizes that these actions will help protect tenants from excessive rent hikes and promote the development of new affordable housing units.

However, the National Association of Home Builders (NAHB) has expressed significant concerns about this proposal. Carl Harris, chairman of the NAHB, argues that Continue Reading →

HUD Charges Appraiser, Appraisal Management Company, and Lender with Race Discrimination

By Dennis Norman, on July 15th, 2024

In a significant move to address racial discrimination in housing, the U.S. Department of Housing and Urban Development (HUD) has charged an appraiser, an appraisal management company, and a lender with discriminatory practices. This case involves allegations against Maksym Mykhailyna, Maverick Appraisal Group, Solidifi U.S. Inc., and Rocket Mortgage, LLC, for issuing a biased appraisal that undervalued a Black homeowner’s property in Denver, Colorado. According to HUD, “The Fair Housing Act protects all of us from discrimination throughout the process of buying a home or securing a home loan,” emphasizing the severity of the charges and HUD’s commitment to enforcing Continue Reading →

New NAR Rule: What Buyers Need to Know About Written Agreements Before Home Tours

By Dennis Norman, on July 5th, 2024

Starting August 17, 2024, the National Association of REALTORS® (NAR) is implementing a new requirement on its members that will impact home buyers and REALTORS® alike. This new rule mandates that REALTORS® must have a written agreement with buyers before showing them any homes. This change is required as part of the settlement agreement of multiple massive class-action lawsuits where NAR was accused of anti-competitive practices. The settlement aimed to increase transparency and fairness in real estate transactions, ensuring that both buyers and agents have a clear understanding of their relationship and obligations. However, there’s a lot of confusion Continue Reading →

Why Home Sellers Should Consider Filing a Notice of Intent to Sell

By Dennis Norman, on June 22nd, 2024

Selling a home can be a complex process, especially when recent work has been done by contractors. One way Missouri home sellers can simplify their sale and protect themselves is by filing a Notice of Intent to Sell (NOIS). While not required by Missouri law, a NOIS can significantly benefit property owners. Filing this notice shortens the period contractors and material suppliers have to file a mechanics lien from six months to just 45 days after the notice is filed. This can reduce the risk of unexpected liens popping up after the sale.

M&I Title Company, a local Continue Reading →

Mortgage Loan Fees Increased Thirty-Six Percent in two years: CFPB Launches Inquiry

By Dennis Norman, on May 30th, 2024

The Consumer Financial Protection Bureau (CFPB) has issued a Request for Information (RFI) regarding fees imposed in residential mortgage transactions. This initiative aims to gather insights and comments from the public about the escalating costs associated with obtaining a mortgage. As homeowners and prospective buyers, this is an opportunity for you to voice your experiences and concerns regarding these fees.

From 2021 to 2023, the median total loan costs for home purchase loans surged by over 36%, with the median dollar amount paid by borrowers in 2022 nearing $6,000. These rising costs, coupled with increased home prices and interest rates, Continue Reading →

HomeServices of America Settles Commission Lawsuits, Bringing Total to Over $943 Million

By Dennis Norman, on April 26th, 2024

Home sellers have reached a momentous $250 million settlement with HomeServices of America and its subsidiaries, including Long & Foster Companies, BHH Affiliates, LLC, and HSF Affiliates, LLC. This settlement, disclosed in a recent press release by the law firm representing the plaintiffs, resolves class action claims as part of a broader dispute over commission costs in the real estate industry.

In a landmark case held on October 31, 2023, a Missouri jury found HomeServices of America, along with the National Association of Realtors (NAR) and Keller Williams, culpable of conspiring to inflate commission fees, resulting in nearly $1.8 billion Continue Reading →

Court Grants Preliminary Approval in Major Real Estate Settlement Involving National Association of Realtors

By Dennis Norman, on April 23rd, 2024

In a significant development in the class-action lawsuit against the National Association of Realtors (NAR) and several major real estate entities, the U.S. District Court for the Western District of Missouri has granted preliminary approval for a proposed settlement. This lawsuit, led by plaintiffs Rhonda Burnett, Jerod Breit, Jeremy Keel, Hollee Ellis, and Frances Harvey, represents a class of U.S. homeowners who paid commissions to brokers upon the sale of their homes through multiple listing services during specific periods spanning from 2014 to the present. The court’s decision, as detailed in the document “Sitzer v NAR – Motion for Preliminary Continue Reading →

Will the NAR Commission Lawsuit Settlement Change Real Estate Practices in St. Louis?

By Dennis Norman, on April 16th, 2024

Since the National Association of Realtors (NAR) and the plaintiffs in the following lawsuits—Christopher Moehrl v. The National Association of Realtors et al., Rhonda Burnett (originally Sitzer) v. The National Association of Realtors et al., Dawin Niel Umpa v. The National Association of Realtors, et al., and Don Gibson v. The National Association of Realtors—reached a settlement agreement on March 15, 2024, which is still pending court approval and thus preliminary at this point, the topic has dominated industry conversations. The focus of these lawsuits on buyer’s agent commissions has attracted more media attention since mid-March than it seems to Continue Reading →

Supreme Court Affirms Property Rights in SHEETZ v. COUNTY OF EL DORADO

By Dennis Norman, on April 16th, 2024

The Supreme Court has rendered a unanimous decision in the landmark case SHEETZ v. COUNTY OF EL DORADO, involving petitioner George Sheetz and the imposition of a traffic impact fee by El Dorado County, California. The key points of the decision are as follows:

Background: George Sheetz was mandated to pay a $23,420 traffic impact fee as a condition for obtaining a residential building permit, which he contested as an unlawful exaction under the Takings Clause.

Court’s Decision: The Supreme Court, in an opinion delivered by Justice Barrett, vacated the ruling of the California Court of Appeal. The decision clarified Continue Reading →

Will MLS Access Be Untethered from REALTOR Membership?

By Dennis Norman, on April 10th, 2024

In the wake of recent legal developments, including a proposed settlement by the National Association of Realtors (NAR) in March addressing buyer agent commissions, the real estate industry finds itself at another critical juncture. This time, attention turns to a lawsuit spotlighted in my article from a week ago, “New Lawsuit Against NAR Spotlights Tying of MLS Access to Realtor Membership in Ongoing Commission Debate“, which challenges the longstanding practice of tying MLS access to Realtor association membership. Unlike the NAR settlement that focused on commission structures, this new legal action delves into the exclusivity of market information access, a Continue Reading →

DOJ Delivers Regulatory Blow to NAR: Court Reopens Antitrust Investigation

By Dennis Norman, on April 6th, 2024

In a significant turn of events that has captured the attention of homebuyers, homesellers, and real estate professionals nationwide, the United States Court of Appeals for the District of Columbia Circuit has delivered a landmark judgment that underscores the intricate balance between regulatory oversight and the operational freedoms of real estate associations. This case, National Association of Realtors (NAR) versus United States of America, et al., centers on the alleged anticompetitive practices within the real estate industry, specifically scrutinizing the policies implemented by NAR.

The Department of Justice (DOJ), through its Antitrust Division, initiated an investigation into NAR’s policies, Continue Reading →

New Lawsuit Against NAR Spotlights Tying of MLS Access to Realtor Membership in Ongoing Commission Debate

By Dennis Norman, on April 3rd, 2024

In the evolving landscape of real estate litigation, a fresh lawsuit filed by homeowner Hao Zhe Wang against the National Association of Realtors (NAR) and several major real estate brokerage firms introduces a nuanced critique of industry practices. Distinguishing itself from prior actions, this case zeroes in on the contentious policy requiring real estate agents to be NAR members in order to access Multiple Listing Services (MLS), a stipulation the plaintiff contends unfairly influences commission structures and inflates transaction costs.

The Core Allegations:

At the heart of Wang’s lawsuit is an objection to how MLS access — a critical Continue Reading →

Court Battle Pits Consumer Savings Against DOJ Objections

By Dennis Norman, on March 29th, 2024

The Council of Multiple Listing Services (CMLS), representing over 200 Multiple Listing Services nationwide, has filed a brief supporting the settlement reached between the parties in the lawsuit against MLS Property Information Network (MLS PIN). While this is not the settlement announced last week by the National Association of REALTORS® (NAR), it involves one of the several lawsuits tied to the NAR settlement.

CMLS filed their brief in response to the one filed by the Department of Justice (DOJ) in February, which opposed the MLS PIN settlement, arguing that it did not go far enough to change Continue Reading →

NAR and MBA Seek Assurance from Fannie Mae and HUD on Commission Practices to Protect Homebuyers

By Dennis Norman, on March 29th, 2024

One of the issues receiving significant attention following the announcement of the REALTOR® commission suit settlement is the topic of buyer commissions, specifically regarding whether a buyer has to pay them and how lenders will treat the commissions.

In a recent letter to the Federal Housing Finance Agency (FHFA), Federal Housing Administration (FHA), Fannie Mae, and Freddie Mac, NAR and MBA sought confirmation on the treatment of buyer agent commissions following a proposed settlement agreement in the Burnett et al and Moehrl et al cases.

What does this mean for homebuyers? Under the Continue Reading →

Important Alert for St. Louis Home Sellers: Are You Eligible for a Settlement Claim in the Recent NAR Antitrust Litigation?

By Dennis Norman, on March 26th, 2024

Previously, I wrote about the settlement reached by the National Association of Realtors (NAR) aiming to resolve litigation concerning alleged anticompetitive practices, potentially leading to financial compensation for certain home sellers in St. Louis and beyond. This litigation, which centers on claims of inflated commission rates, could see a transformative resolution pending court approval expected by summer. If approved by the court, this settlement, alongside those reached with other corporate defendants like RE/MAX, Keller Williams, Realogy, and Compass, would provide eligible home sellers a pathway to claim financial redress for the commissions paid during the specified periods. Search St Louis Continue Reading →