Legal and Regulatory - St Louis Real Estate News

Transparency in the home buying process including buyer’s agent commissions

By Dennis Norman, on February 13th, 2021

In December I wrote about multiple class-action lawsuits filed against the National Association of REALTORS® (NAR), as well as some of the largest real estate brokerages, like ReMax and Keller Williams as well as a Department of Justice (DOJ) complaint filed again NAR over issues related to the lack of transparency in the home buying process.

The aforementioned complaints claim, among other things, that there has been an effort by the defendants to force buyers to pay an “inflated” price for a home as a result of the buyer not realizing the seller was forced to offer a commission to Continue Reading →

Remembering Dr Martin Luther King, Jr.

By Dennis Norman, on January 18th, 2021

Today, as we celebrate the life of Dr. Martin Luther King, Jr. who is best known as a leader in the Civil Rights movement, I wanted to look at how his efforts also ultimately resulted in the Fair Housing Act, which sought to end discrimination in housing.

Through the efforts of the civil rights movement, Dr. King and others were able to get the attention of our nation resulting in President John F. Kennedy, in a nationally televised address on June 6, 1963, urging the nation to ” take action toward guaranteeing equal treatment of every American regardless of Continue Reading →

Coming Soon To A REALTOR® Near You – Commission Transparency

By Dennis Norman, on December 1st, 2020

The National Association of REALTORS® (NAR) has come under attack over the past few months as a defendant in two class-action lawsuits, Christopher Moehrl v The National Association of REALTORS® and Joshua A. Sitzer and Amy Winger v The National Association of REALTORS® filed in March and April of 2019 respectively, and, most recently, a complaint brought by the Department of Justice, United States v National Association of REALTORS® filed this month. The latter came with a pre-arranged proposed settlement with NAR. I should also mention the two class-action lawsuits have as additional defendants Realogy Holdings Corp (the own and Continue Reading →

Ten Years Later…Update On The Homeowner Sentenced To Jail For Yard Art (Updated Photos Too)

By Dennis Norman, on February 26th, 2020

Nearly ten years ago I first wrote about the owner of a property in Ballwin that was sentenced to 20 days in jail after he had refused to make changes to the art displayed in his yard that officials for the city of Ballwin had deemed to be dangerous. The property owner, Lewis Greenberg, had decorated his home and filled his yard with a variety of items he referred to as “art” that was to make a statement about the Holocaust.

After hearing of this back in May 2010, I decided to check out his home at 977 Morena Court, Continue Reading →

Housing Markets Benefit From Opportunity Zones In Some Areas Of St Louis

By Dennis Norman, on February 20th, 2020

Opportunity Zones were created by the 2017 Tax Cuts and Jobs Act that President Donald J. Trump signed into law on December 22, 2017. Opportunity zones were established to help communities that are economically-distressed and work by promoting private investment and development through the use of tax incentives. There are a total of 8.760 designated Qualified Opportunity Zones in the U.S. and there are 140 Opportunity Zones in Missouri.

Opportunity zones appear to have had a positive impact on the housing market in several opportunity zones in the St Louis area. According to data just released by ATTOM Date Solutions, Continue Reading →

Dr. Martin Luther King, Jr’s Life Work Led To Fair Housing In America

By Dennis Norman, on January 20th, 2020

No Cap On No Money Down VA Loan After January 1st

By Dennis Norman, on December 28th, 2019

Buying a home for veterans will get a little easier come January 1, 2020, especially those veterans moving up to a more expensive home, as a result of the Blue Water Navy Veterans Act of 2019 signed into law by President Trump in June 2019. The primary focus of the Act was to provide disability benefits to veterans who served in Vietnam, it also made significant changes to the VA Home Loan benefit available to all veterans. The VA home loan changes go into effect on January 1, 2020. Below are highlights of the changes to the VA home loan Continue Reading →

REALTORS® Adopt New MLS Rule Aimed To Eliminate “Off-MLS” Listings

By Dennis Norman, on November 12th, 2019

Yesterday, the board of directors for the National Association of REALTORS® (NAR) approved a new policy dubbed the “Clear Cooperation Policy” which goes into effect January 1, 2020, and Multiple Listing Service’s (MLS) have until May 1, 2020, to adopt and implement.

While the vote by the board of directors, 729 in favor of it to 70 opposed, may not reflect it, there is a lot of controversy about this policy among real estate agents and brokers that are members of NAR. The two main changes this new policy bring about are that agents would be mandated to put, for Continue Reading →

REALTORS® Association Considers New Rule Requiring All Listings Be In MLS

By Dennis Norman, on October 3rd, 2019

The MLS Technology and Emerging Issues Advisory Board, of the National Association of REALTORS® (NAR), proposed a rule change that is sparking some controversy among its’ members. The proposed “Clear Cooperation Policy” requires that all listings be put in the MLS within 24 hours of “marketing a property to the public“. The policy defines “public marketing” as including, but not limited to, “flyers displayed in windows, yard signs, digital marketing on public-facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public”.

But, isn’t that how Continue Reading →

Meth Labs and Real Estate

By Dennis Norman, on September 24th, 2019

Yesterday, someone shared with me an article that appeared on CBS News online about a couple, Tyler and Elisha Hessel, that discovered the house they purchased had previously been the subject of a meth lab seizure. The home, at 7218 Valley Drive in Barnhart, Missouri, was purchased by the Hessel’s in January of 2018. According to the article, Elisha is expecting a baby and, earlier this year, the results of some standard pregnancy-related tests showed the baby tested positive for amphetamines. This led to the Hessel’s discovering that the home they purchased was on a list of Meth Lab Seizures Continue Reading →

President Trump Signs Bill To Eliminate Cap On VA Loans

By Dennis Norman, on June 27th, 2019

This past Tuesday night, President Trump signed into law H.R. 299, the “Blue Water Navy Vietnam Veterans Act” was signed into law by President Trump on Tuesday night. H.R. 299, which, among other things good for veterans, eliminates the cap on VA Loans. Currently, the VA can only “guarantee” (they insure 25% of the loan amount for lenders, which is why lenders are willing to make 100% loans to veterans) loans up to the limit established by the Federal Home Loan Mortgage Corporation Act (FHLMCA). Currently, the loan limit is $484,350 however, after the new law goes into effect on Continue Reading →

Who Pays The Buyers Agent?

By Dennis Norman, on March 22nd, 2019

I saw an article recently about the results of a survey done of home sellers that found that nearly half of them didn’t realize they pay the buyers’ agent commission when they sell their home.

Sellers pay the buyers’ agent in almost all home sales in St Louis…

While I don’t know for sure, I would guess that the people surveyed were homeowners that planned to sell their homes, rather than sellers that already had their homes listed for sale. I say this because the standard listing agreement used by St Louis REALTORS® spells out the total commission being charged Continue Reading →

Is The St Louis Housing Inventory Down 25 Percent Or Up 10 Percent? The Importance Of Understanding The Data.

By Dennis Norman, on February 23rd, 2019

I promise not to turn this article into one of my boring, lengthy diatribes that only a data nerd could enjoy, however, I do want to discuss something that I think is very important for all home buyers, sellers and investors. Given that today there is a plethora of “data” and “information” available to us thanks, in large part, to the internet, and that home buyer, sellers, and investors (as well as the real estate agents working with them) make decisions based, at least in part, to those things, it is imperative to know you have the right data and Continue Reading →

Is The Listing Agent Required To Inform Your Buyers Agent Of Multiple Offers?

By Dennis Norman, on March 18th, 2018

In today’s low-inventory real estate market here in St Louis, it’s common for would-be buyers to miss out on a house they want even when they make a strong offer only to find out they got beat out by another buyer offering a higher price or better terms. This is particularly true for people trying to buy a foreclosure with increasing demand and decreasing supply, it is not uncommon to have 5, 10 or even more offers for the newly listed foreclosed property.

Does the listing agent have to inform you of multiple offers?

No one Continue Reading →

Dr. Martin Luther King, Jr. Paved The Path For Fair Housing

By Dennis Norman, on January 15th, 2018

Dr. Martin Luther King, Jr. is a name synonymous with civil rights who, along with his followers, led to the passage of the Civil Rights Act. Through the efforts of the civil rights movement, Dr. King and others were able to get the attention of our nation resulting in President John F. Kennedy, in a nationally televised address on June 6, 1963, urging the nation to ” take action toward guaranteeing equal treatment of every American regardless of race.” Shortly after his address to the nation, President Kennedy proposed that Congress consider civil rights legislation that would address rights in Continue Reading →

Mortgage Fraud Risk Report Shows Missouri In Top Five Increased Risk States

By Dennis Norman, on October 7th, 2017

CoreLogic just released it’s 2017 Mortgage Fraud Report in which Missouri made the list of the five states with the highest year-over-year risk growth for mortgage fraud. The two types of fraud Missouri made the list on were Transaction fraud risk and Undisclosed Real Estate Debt fraud risk.

Below are some national highlights from the report (all figures are based upon 2nd quarter 2017 compared with 2nd quarter 2016):

Occupancy Fraud Risk increased nationally 7% Transaction Fraud Risk increased 3.9% Income Fraud Risk increased 3.5% Property Fraud Risk decreased 1.9% Undisclosed Real Estate Debt Fraud Risk decreased 2.7% Identity Fraud Continue Reading →

Zillow Under Investigation By CFPB Over Co-Marketing Program With Real Estate Agents

By Dennis Norman, on May 12th, 2017

Zillow, the behemoth real estate search site, revealed in it’s Form 10-Q filed with the Securities and Exchange Commission earlier this month for first quarter 2017, that the Consumer Finance Protection Bureau (CFPB) is investigating some practices by Zillow, apparently specifically their co-marketing program, and, according to Zillow’s filing, is alleging that Zillow violated parts of both RESPA as well as the Consumer Financial Protection Act. The complete Form 10-Q can be viewed here. On page 40 (outlined in red by me) is the section where Zillow makes this disclosure, and I have pasted that section of the report below as well (the emphasis and color have been done by me). Continue Reading →

Are Landlords and Tenants Bad People?

By Dennis Norman, on March 17th, 2017

So my headline is a rhetorical question and I personally don’t think landlords and tenants are bad people but, after seeing so many municipalities work so hard over the past few years passing ordinances that, in many cases, in my humble opinion, just tramples the property rights of landlords as well as the rights of tenants, one would have to believe that landlords and tenants must be some pretty bad people. After all, if not, why would some municipalities work so hard to discourage them from entering their cities and work hard to chase them out? Continue Reading →

What Is A Villa?

By Dennis Norman, on March 10th, 2017

An ever-increasing number of aging baby boomers are becoming empty nesters and coming to the realization they no longer need that 3, 4 or even 5 bedroom home they own. In addition, many of them, also find themselves tired of the upkeep that comes with the big house on the large lot. These issues, along with a desire for a lifestyle change, has led to a growing demand for alternative types of housing including condominiums and villas with the latter being the most popular.

What exactly is a “villa”?

The interesting thing is, even though the demand for villa’s has Continue Reading →

Should You Pay An Agent Bonus To Sell Your Home?

By Dennis Norman, on September 2nd, 2016

One of the more controversial topics to discuss within the REALTOR community is the topic of agent bonuses, a bonus that a seller, by way of the listing broker, would pay to the agent that sells their home, over and above the normal sales commission. Sometimes seller’s, or their listing agents, see this as a way to draw more attention to their listing and to encourage buyer’s agents to show it and sell it. However, there are many conflicting opinions on this topic within the industry which creates some confusion for seller’s (and buyer’s for that matter), so I thought I would take some time to discuss it. Continue Reading →

Should I Sell My Home Myself?

By Dennis Norman, on July 9th, 2016

“Should I sell my home myself” is something that some sellers are asking today, particularly those in fast selling neighborhoods and areas where the inventory of homes for sale is low, after all, how hard can it be to sell a home if homes are in such high demand? Continue Reading →

New Landlord-Tenant Bill Make Force Missouri Landlords To Use Property Managers-UPDATED Feb 3, 2017

By Dennis Norman, on June 10th, 2016

This legislative session, the Missouri State Legislature passed HB. 1862, which modifies provisions relating to the existing landlord-tenant law in Missouri, specifically, it repeals sections 534.350, 534.360, 535.030, 535.110, 535.160 and 535.300 of the Revised Statutes of Missouri and replaces them with five new sections as described in the bill. Continue Reading →

Remembering Dr. Martin Luther King, Jr. and His Impact On Fair Housing

By Dennis Norman, on January 18th, 2016

Today, as we celebrate the life of Dr. Martin Luther King, Jr., I wanted to focus on the dramatic change for the good that was brought about in the area of housing as a result of the efforts of Dr. King and the movement he started. Through the efforts of the civil rights movement, Dr. King and others were able to get the attention of our nation resulting in President John F. Kennedy, in a nationally televised address on June 6, 1963, urging the nation to ” take action toward guaranteeing equal treatment of every American regardless of race.” Continue Reading →

Judge Issues Temporary Restraining Order To Stop St Louis County From Implementing Rental Licensing Ordinance

By Dennis Norman, on January 8th, 2016

Yesterday, St. Louis County Circuit Court Judge Gloria Reno granted a temporary restraining order against St Louis County to stop implementation of their recently adopted rental licensing ordinance. This is a huge victory for landlords, and property owners in general, as the new ordinance, as I wrote about previously, trampled property rights in many ways. Continue Reading →

Requiring Adult Supervision Of Children At An Apartment Pool-Fair Housing Violation?

By Dennis Norman, on November 11th, 2015

Today most, if not all, landlords are aware of the Federal Fair Housing Act with regard to making various types of discrimination illegal when it comes to housing and, even if they don’t have a thorough understanding of all of the nuances of the act, at least have a basic understanding of it. However, today, a lack of a thorough understanding of the law, as well as the risks associated with violating it, or even being accused of violating it, can be quite costly to a landlord. Therefore, if you are considering becoming a landlord, or perhaps are already in the midst of building your real estate empire, spending time studying and understanding the Federal Fair Housing Act and how it applies to you would be time well spent and it would also be a great move to align yourself with a real estate professional with a good understanding of it that can help you navigate the regulatory waters a landlord must navigate today. Continue Reading →

St Louis County Surprise Vote On Landlord License Bill Tramples Private Property Rights

By Dennis Norman, on October 14th, 2015

My, how fast things change! Nine days ago I wrote about a bad piece of legislation St Louis Councilman O’Mara had proposed with regard to the licensing of landlords and then, two days later, updated the article with the good news that the bill was voted down. Continue Reading →

Proposed St Louis County Residential Rental Property Licensing Is Property Rights Issue

By Dennis Norman, on October 5th, 2015

Last April I wrote an article about a bill in St Louis County introduced by Councilman Michael O’Mara which me, and a whole lot of other people and groups with interest in preserving private property rights, thought would trample on those rights. Fortunately, as I later reported, the St Louis County Council chose not to move forward with the bill at that time. However, St Louis County Councilman Michael O’Mara is back at it with a new proposed ordinance, Bill No. 204, which is pretty much the same as last years version. Continue Reading →

Eagle Bank Reaches Agreement With DOJ To Settle Discrimination Claim

By Dennis Norman, on September 29th, 2015

The Department of Justice (DOJ) announced today that they had reached an agreement with Eagle Bank and Trust Company to resolve allegations that “Eagle Bank and Trust Company (Eagle Bank) engaged in a pattern or practice of “redlining” predominantly African-American neighborhoods in and around St. Louis.” “Redlining” is defined by the DOJ as “the discriminatory practice by banks or other financial institutions to deny or avoid providing credit services to a consumer because of the racial demographics of the neighborhood in which the consumer lives.” Continue Reading →

How Will Implementation of Dodd-Frank Affect The Real Estate Market?

By Dennis Norman, on August 12th, 2015

In case you are concerned the real estate industry is not subject to enough regulation, do not let your heart be troubled as new regulations imposed by the Dodd–Frank Wall Street Reform and Consumer Protection Act, which was signed into law back in 2010, affecting home mortgages go into effect October 3, 2015. Continue Reading →

Insurance Claim Recommendations For Missourian’s With Storm Damage

By Dennis Norman, on July 2nd, 2015

The Missouri Department of Insurance issued some recommendations to Missourian’s that sustained property damage as a result of recent storms with regard to how to deal with the damage and handle insurance claims. Continue Reading →