Legal and Regulatory - St Louis Real Estate News

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 →

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

By Dennis Norman, on October 30th, 2024

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

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 →