Legal and Regulatory - St Louis Real Estate News

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

By Dennis Norman, on August 19th, 2024

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

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 →

Real Estate Commissions: Beyond the Headlines and Hype – What You Need to Know Now

By John Donati, on March 24th, 2024

You’ve probably heard about these changes happening with real estate commissions, right? It’s been all over the news lately. You might have seen headlines like “Real estate commissions are being slashed!” or “Selling your house will now be less expensive!” Sounds pretty exciting, doesn’t it? And the media has a great track record, right? Let me tell you, there’s a lot more to it than meets the eye.

Even the most informed of us agents and brokers out here are scratching our heads because the lawsuit changed gears so quickly. Nobody really knows exactly how it’s all going to work Continue Reading →

NAR’s $418 Million Antitrust Settlement: Will It Face the Same DOJ Scrutiny as MLS PIN Deal?

By Dennis Norman, on March 20th, 2024

Last week, I wrote an article about the settlement reached by the National Association of REALTORS® in pending litigation concerning buyer agency compensation. This includes the “Sitzer” (now Burnett), “Moehrl,” and “MLS PIN” suits, among others. As mentioned, this is an early stage in the process; the settlement agreement, although agreed upon by the parties involved, has not yet been filed with the court. Given these are large class action lawsuits alleging antitrust violations, numerous hurdles must be overcome. These could necessitate changes to the settlement terms on the path to court approval—if the court approves it at all.

Hurdles Continue Reading →

Could the REALTOR Settlement Bring More Transparency to St. Louis Real Estate?

By Dennis Norman, on March 16th, 2024

Yesterday, I reported on the groundbreaking settlement proposed by the National Association of Realtors (NAR) to resolve the ongoing litigation surrounding broker commissions. Today, I want to dive deeper into the specifics of this settlement agreement and what it means for homeowners and real estate professionals here in the St. Louis area.

Key Points of the NAR Settlement Agreement

Broad Coverage: The settlement class is expansive, including home sellers who listed properties on MLSs anywhere in the U.S. during specified date ranges and paid a commission to any brokerage. For the St. Louis region, sellers are covered if they sold Continue Reading →

NAR to Settle Nationwide Litigation on Broker Commissions, Introduces Industry-Wide Changes

By Dennis Norman, on March 15th, 2024

Kevin Sears, NAR President

This morning, Kevin Sears, President of the National Association of Realtors (NAR), unveiled a proposed settlement designed to bring to a close the contentious litigation surrounding broker commissions, a move that could significantly alter the landscape of the real estate industry. This development comes on the heels of the Sitzer-Burnett verdict, which cast the traditional practices of real estate professionals, particularly those concerning hiring and compensation methods, into the spotlight, sparking a series of lawsuits and raising questions about the future of the industry.

A Closer Look at the Proposed Settlement

The core aim Continue Reading →

Controversy Surrounds Cash for 40-Year Listing Rights Contracts in St. Louis Real Estate Market

By Dennis Norman, on March 15th, 2024

MV Realty Holdings, LLC, a Florida-based real estate company, has recently come under scrutiny for alleged wrongdoing and is currently facing bankruptcy proceedings. The company, which offers homeowners cash in exchange for exclusive rights to list their properties for sale for purportedly a period that lasts forty (40) years, has been accused of deceptive practices and unfair treatment of its clients, including homeowners in Missouri and the St. Louis area.

Here in Missouri, MV Realty has faced legal action from Missouri State Attorney General, Andrew Bailey who, earlier this year, filed suit against MV Realty “for its deceptive practices in Continue Reading →

Facing New Rules: NAR and DOJ Clash Over Buyer’s Agent Commission Policies – What It Means for You

By Dennis Norman, on February 26th, 2024

Kevin Sears,2024 NAR President

At a real estate conference in Boston on February 1, 2024, NAR President Kevin Sears addressed a pressing issue facing the National Association of Realtors (NAR) and its members. Sears candidly discussed the aftermath of a $5.4 billion verdict against NAR, drawing parallels to a sports scenario to highlight the disappointment of a loss despite believing in the righteousness of their policy and actions. He emphasized the importance of moving forward, focusing on the legal appeals process and the ongoing challenges with the Department of Justice (DOJ), which has been a persistent adversary for Continue Reading →

DOJ Suggests Ending Seller-Paid Buyer Agent Commissions

By Dennis Norman, on February 16th, 2024

Yesterday, the Department of Justice filed a Statement of Interest concerning the Nosalek v. MLS PIN case. In the class action lawsuit Nosalek v. MLS Property Information Network, Inc., plaintiffs allege that mandatory commission agreements for buyer-brokers on the MLS system are anticompetitive, leading to artificially inflated commission rates for sellers, in violation of antitrust laws. Previously, a settlement was reached by the parties in the lawsuit, but the DOJ intervened, asking the court to hear the views of the United States before deciding whether to approve the settlement. This statement of interest was what the DOJ asked the court Continue Reading →

Real Estate’s Game Changer: Decoding the Latest Twists in the Sitzer Saga

By Dennis Norman, on January 10th, 2024

Since the suit was first filed in 2019, I’ve been following the the Sitzer v. National Association of REALTORS® case closely and sharing my thoughts on the potential impact it could have on the real estate industry, as well as on home buyers and sellers. This task has been far from dull, as the litigation has been filled with action, especially since the Missouri jury’s ruling in favor of the plaintiffs in October. The past week has seen an increase in legal activity from the defendants, making the situation even more intense. Below is a breakdown of the latest events Continue Reading →

Big Brokers Hit with New Antitrust Lawsuit Over Buyer Broker Commissions

By Dennis Norman, on December 28th, 2023

The residential real estate industry is facing yet another antitrust lawsuit targeting the long-standing practice of home sellers paying the commissions of buyer’s agents. Filed on December 27th in Missouri federal court, Daniel Umpa v. National Association of Realtors alleges the NAR and large national brokerages like Compass and Keller Williams conspired to maintain inflated buyer agent commissions through anticompetitive practices.

This latest suit comes on the heels of the Department of Justice’s ongoing investigation into potentially anti-competitive industry practices related to real estate commissions and access to MLS listings. It also follows similar buyer broker commission lawsuits brought in Continue Reading →

Is the REALTORS’ Clear Cooperation Policy Aiding Market Fairness or Fueling Legal Battles?

By Dennis Norman, on December 27th, 2023

Recently, the real estate industry has found itself under increasing legal scrutiny, with multiple lawsuits challenging established norms. A critical point of debate is the REALTORS’ Clear Cooperation Policy. This policy mandates that within one business day of marketing a property to the public, agents must list the property on the MLS. While designed to promote transparency and cooperation among real estate professionals, it’s worth asking: Is this policy partly to blame for the industry’s legal challenges, or does it genuinely foster a fair and open market in compliance with the Sherman Antitrust Act?

The Sherman Antitrust Act, a cornerstone Continue Reading →