By Dennis Norman, on December 24th, 2025 
The U.S. Department of Justice (DOJ) has weighed in on the Davis v. Hanna Holdings case with a formal Statement of Interest, and it’s a clear signal to the real estate industry. The DOJ argues that real estate trade association rules, specifically those requiring sellers to offer compensation to buyers’ agents, may violate antitrust laws and deserve full scrutiny. For anyone who thought the pressure on commission practices might let up, this filing confirms the opposite.
What makes this noteworthy is the DOJ’s insistence that rules created and enforced by associations like the National Association of REALTORS® are not exempt Continue Reading →
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 →
By Dennis Norman, on April 3rd, 2025 
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
By Dennis Norman, on August 29th, 2023 As I’ve previously discussed, the National Association of REALTORS¬Æ (NAR) is grappling with a myriad of challenges. These range from multiple class-action lawsuits to scrutiny from the Department of Justice (DOJ). This past week, the organization faced two more setbacks.
First, a scandal erupted involving NAR’s President, Kenny Parcell. Reports suggest that Parcell was accused of sexually harassing women within the organization. While this news began circulating about a week ago, it gained significant momentum when the New York Times published an expos√© last Saturday. The report prompted industry-wide calls for Parcell’s resignation. Consequently, Kenny Parcell stepped down as President Continue Reading →
By Dennis Norman, on April 1st, 2023 Let me begin by saying that I’m not a sensationalist, nor am I an advocate for everything I write about. Additionally, I am not an attorney, so this not a legal opinion. I am simply a real estate broker that has been very active in the profession and industry for over 40 years now. I strive to stay on top of industry and market changes so that the agents in our firm, MORE, REALTORS®, and their clients can avoid surprises and be prepared. Another reason I do this is to share what I have learned with consumers. I believe that Continue Reading →
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 →
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 →
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 →
By Dennis Norman, on August 19th, 2014 Today, the owners and operators of the Alger Meadows Apartments in Grand Rapids, Michigan, agreed to pay $550,000 in damages as well as terminate their property manager to settle a sexual harassment lawsuit that was filed against them by the U.S. Department of Justice.
With the increasing popularity of rental property as an investment, there are many new investors and landlords getting into the business and they need to realize the importance of being familiar with the laws and regulations that may affect them and their business in order to avoid problems. Even though, according to the press release Continue Reading →
By Dennis Norman, on August 1st, 2013 City of St Peters MO agrees to pay fine and change discriminatory ordinance
The Justice Department announced today that the city of St. Peters, Mo. will pay $80,000 and make changes to its zoning laws to settle a lawsuit alleging that the city violated the federal Fair Housing Act (FHA) and Title II of the Americans with Disabilities Act (ADA) when it denied a zoning request to operate a group home for four women with intellectual disabilities. The lawsuit is part of the Justice Department’s continuing effort to enforce civil rights laws that require states and municipalities to end Continue Reading →
By Dennis Norman, on May 12th, 2012 The collapse of the real estate market, along with a down economy has created a fertile environment for fraudsters to attempt to advantage of the many desperate homeowners that are out there. Their methods vary from foreclosure “rescue” schemes, mortgage assistance scams and other scams that generally offer to lower your payments or debt, prevent foreclosure, etc. Below is a list of tips the Department of Justice published this week to help consumers prevent themselves from becoming a victim of fraudsters.
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By News Desk, on March 12th, 2012 The Justice Department, the Department of Housing and Urban Development (HUD) and 49 state attorneys general announced today the filing of their landmark $25 billion agreement with the nation’s five largest mortgage servicers to address mortgage loan servicing and foreclosure abuses. Continue Reading →
By News Desk, on November 21st, 2011 WASHINGTON – The Justice Department today announced that Roger Harris, Hediger Enterprises Inc., Carroll Management Group, Forum Manor Associates L.P. and Forum Manor LLC have agreed to pay $295,000 in monetary damages and civil penalties to resolve a Fair Housing Act lawsuit alleging sexual harassment, race and sex discrimination, retaliation and intimidation at Forum Manor Apartments, a federally-subsidized apartment complex in Rolla, Missouri. Continue Reading →
By Dennis Norman, on August 16th, 2011 The FBI released it’s Mortgage Fraud Report for 2010 showing that mortgage fraud continued at elevated levels in 2010 and was consistent with levels seen in 2009. The top states for mortgage fraud activity in 2010 were Florida, California, Arizona, Nevada, Illinois, Michigan, New York, Georgia, New Jersey, and Maryland.
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By News Desk, on April 19th, 2011 Lee Bentley Farkas, the former chairman of a private mortgage lending company, Taylor, Bean & Whitaker (TBW), was convicted today for his role in a more than $2.9 billion fraud scheme that contributed to the failures of Colonial Bank, one of the 25 largest banks in the United States in 2009, and TBW, one of the largest privately held mortgage lending companies in the United States in 2009.
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By Dennis Norman, on February 4th, 2011 Today Richard W. Northcutt, a California real estate investor, pleaded guilty to conspiring with a group of real estate speculators who agreed not to bid against each other at certain public real estate foreclosure auctions in San Joaquin County. According to the court documents the primary purpose of the conspiracy was to suppress and restrain competition and to obtain selected real estate offered at these foreclosure auctions at non-competitive prices.
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By News Desk, on December 27th, 2010 The Justice Department today announced a $1.25 million agreement with Warren Properties Inc., Warren Village (Mobile) Limited Partnership and Frank R. Warren to settle allegations that the defendants violated the Fair Housing Act by refusing to grant a tenant’s requests for a reasonable accommodation. This settlement is the largest ever obtained by the department in an individual housing discrimination case.
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By News Desk, on December 10th, 2010
A former residential sales manager at a Florida property management company pleaded guilty to wire fraud in connection with housing repair contracts for the U.S. Department of Veterans Affairs (VA), the Department of Justice announced this week.
Benjamin K. Graves, formerly a residential sales manager at West Palm Beach, Fla.-based Ocwen Loan Servicing LLC, pleaded guilty today in U.S. District Court in Orlando, Fla., to wire fraud. According to the one-count felony charge filed on Nov. 12, 2010, in the Middle District of Florida, Ocwen managed foreclosed properties under contract with the VA, which guaranteed qualifying residential mortgages for Continue Reading →
By News Desk, on December 9th, 2010 Settlement Provides $2 Million to African-American Borrowers Who Paid Higher Interest Rates
PrimeLending, a national mortgage lender with 168 offices in 32 states at the end of 2009, has agreed to pay $2 million to resolve allegations that it engaged in a pattern or practice of discrimination against African-American borrowers between 2006 and 2009.
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By News Desk, on October 24th, 2010
The Justice Department announced this week that a Munster, Ind., condominium association and its three member board of directors have agreed to pay $120,000 to resolve allegations that they refused to approve the sale of a condominium to an African-American couple because of their race and because they had children. The settlement must still be approved by U.S. Senior District Judge Philip P. Simon.
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By News Desk, on September 11th, 2010
A Raleigh, N.C., real estate speculator pleaded guilty to conspiring to rig bids for public real estate foreclosure auctions held in multiple counties in eastern North Carolina, the Department of Justice announced today.
Christopher J. Deans pleaded guilty yesterday in U.S. District Court in Greenville, N.C., for participating in a conspiracy to rig bids during the real estate foreclosure auction process in eastern North Carolina from at least as early as April 2003 until at least April 2005. The primary purpose of the conspiracy was to suppress and eliminate competitive bidding on foreclosed properties and obtain selected real estate Continue Reading →
By Dennis Norman, on November 12th, 2009 The Justice Department announced it has filed a lawsuit today in federal court for the Eastern District of Missouri alleging a pattern or practice of violations of the Fair Housing Act by the owner and managers of Forum Manor Apartments, a federally-subsidized apartment complex, for refusing to rent to African-Americans and males, refusing to allow tenants to have African-American visitors, sexually harassing female tenants and retaliating against tenants who complained about such discrimination.
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