Evaluating the MLS System: Time for Change?

By , on December 12th, 2023

The real estate industry stands at a pivotal juncture, where longstanding practices are being questioned and re-evaluated. Central to this introspection is the structure of the Multiple Listing Service (MLS), a tool indispensable to our trade. Current legal challenges (such as the Sitzer v NAR lawsuit) and scrutiny from the Department of Justice, particularly concerning policies like clear cooperation and offers of compensation, have brought to the forefront a crucial question: Is the current MLS system, tied as it is to REALTOR® association membership, serving the best interests of our clients and the industry?

The traditional model, which intertwines MLS Continue Reading →

“Adapt & Thrive”: A Webinar Guiding St. Louis REALTORS® Through Industry Changes

By , on November 17th, 2023

In an era of rapid evolution in the real estate business, it’s crucial for St. Louis REALTORS® to stay ahead of the curve. We are excited to invite you to our upcoming webinar, “Adapt & Thrive: Navigating the New Landscape of Real Estate Post-Sitzer v. NAR,” on Wednesday, November 29th at 10:00 AM.

Why This Webinar Is Critical for Your Career The Sitzer v. NAR verdict marks a significant turning point in our industry. This webinar is crafted to help you understand and leverage these changes for your professional growth. Expect to gain:

Comprehensive Insights on the Sitzer v. NAR Continue Reading →

New Class Action Lawsuit Targets Major Real Estate Players Following Sitzer Verdict

By , on October 31st, 2023

In a remarkable turn of events, just minutes after the jury sided with the homeseller-plaintiffs in the landmark Sitzer | Burnett trial, attorney Michael Ketchmark wasted no time in launching another legal salvo against the real estate industry. This new class action lawsuit, filed on behalf of three new homesellers, aims to further scrutinize the practices surrounding agent commissions.

The Defendants

This new lawsuit expands the list of defendants to include: Compass, eXp World Holdings, Redfin, Weichert Realtors, United Real Estate, Howard Hanna, and Douglas Elliman. Notably, the National Association of Realtors is once again named as a defendant, marking Continue Reading →

Beware of Seller Impersonation Fraud: A Real-Life Example and How to Protect Yourself

By , on October 27th, 2023

Seller impersonation fraud, also known as deed fraud, is a growing concern in the real estate industry. This type of fraud involves forging the property owner’s signature to illegally transfer ownership of the property. A recent case in the City of St. Louis serves as a cautionary tale for homeowners.

A Disturbing Case in St. Louis

Bernadette Brown, a member of the Royal Realty Group LLC, recently discovered that a property owned by the LLC at 1129 Penrose Street, St. Louis, MO 63107, was conveyed to Keith Brown via a Quit Claim deed. Bernadette Brown claims her name was forged Continue Reading →

Do Landlords Have to Allow Support Animals If They Have a No Pet Policy?

By , on September 23rd, 2023

With changing regulations, subdivision restrictions, municipal ordinances, state and federal laws, landlords certainly have a lot to keep up with today to make sure they stay compliant in their rental business. I’ve been in the business over 40 years, have an interest-and a fair understanding of- laws that affect real estate, yet still find it challenging to stay updated. Given this, I can only imagine the challenge faced by someone with a full-time career who also owns rental properties as an investment. Perhaps, this might be a compelling reason to consider hiring a professional property manager for your rentals. However, Continue Reading →

How the real estate industry is going to be turned upside down and why sellers may no longer have to pay buyer agents

By , 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 →

CFPB Orders Wells Fargo To Pay $3.7 Billion…Includes more than $2 B in redress to consumers

By , on December 20th, 2022

Today, the Consumer Financial Protection Bureau (CFPB) released details of a Consent Order they reached with Wells Fargo Bank, N.A. in which Wells Fargo is ordered to pay “more than $2 billion in redress to consumers and a $1.7 billion civil penalty for legal violations across several of its largest product lines.” According to a press release issued by the CFPB, Wells Fargo’s “..illegal conduct led to billions of dollars in financial harm to its customers and, for thousands of customers, the loss of their vehicles and homes.” Rohit Chopra, the Director of the Consumer Financial Protection Bureau, stated “Wells Continue Reading →

Appellant Court Overturns Lower Court Dismissal of Anti-Trust Lawsuit Against the National Association of REALTORS®

By , on April 27th, 2022

The past several days have not been good for the National Association of REALTORS® (NAR) from a legal perspective at least.

First, last Friday, April 22, 2022, Stephen R. Bough, a Federal Judge for in the Western District of Missouri, certified a lawsuit against NAR as a class action suit.The suit, known as the “Sitzer” suit as the original plaintiffs were Joshua Sitzer and Amy Winger, alleges that the defendant, the National Association of REALTORS® “created and implemented anticompetitive rules which require home sellers to pay commission to the broker representing the home buyer“. The plaintiffs in the suit also Continue Reading →

Control your investments with self-directed IRA investing

By , on March 2nd, 2021

I have a lot of people ask me about what to invest in and how. Not every time, but often, the self-directed IRA investments can be great options for people that are in the real estate industry. For this post, I wanted to go over the basic concept and give some actual real-life examples. Once you read this, if you still need help or have questions, you are more than welcome to reach out. We are here to serve and help!

What is an IRA and what does a “self-directed” IRA mean? This is an Individual Retirement Continue Reading →

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

By , 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 , 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 →

Is Real Estate Essential?

By , on April 4th, 2020

Need I answer? Given the title of this site and if you have been here before you probably are aware I’ve been in the real estate business ever since graduating high school some 41 years ago, I’m going to guess you know I’m going to say “of course it is”. On a more serious note though, my headline poses the question in light of the current Coronavirus pandemic which has resulted in a stay at home order for several counties in Missouri and, effective tomorrow night at midnight, the entire state of Missouri.

One of the exceptions in all of Continue Reading →

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

By , on January 20th, 2020

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 race.” Continue Reading →

Meth Labs and Real Estate

By , 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 →

Should you buy a new home directly from the builder?

By , on March 25th, 2019

Some new home buyers believe that if they buy a new home directly from the builder or the builder’s sales person, they will get a better price. But is this true? Do you get a better deal buying a new home directly from the builder?

First, we should address a “better deal” and what constitutes a good “deal”. If it is strictly price, then, while I think it is somewhat short-sided on the part of the buyer and falls in that “penny-wise, dollar-foolish” category, in some instances, with some builders, the builder will save some cost by you buying from Continue Reading →

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

By , 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 →

What To Look Out For In Credit Repair Companies

By , on June 29th, 2017

The housing bubble that led to the housing bubble burst in 2008 started a decline in the value of homes, including those in St Louis, for the following 3 to 4 years. This resulted in much larger number of homeowners facing financial struggles including late payments, foreclosures, short sales, bankruptcy and the like, than was the historic norm. As a result, while maybe not a new concept but certainly one that had been more obscure in the past, credit repair, became a lucrative and growing business as consumers sought to repair the damage done and position themselves to buy a home. Continue Reading →

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

By , 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 →

What Is A Villa?

By , 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 →

What Exactly Is A “Coming Soon” Listing?

By , on November 25th, 2016

While it’s not a new thing, there have certainly been a lot more “coming soon” riders on for sale signs in yards over the past couple of years than in prior years. This has created some questions among home buyers particularly when they ask their buyer’s agent about seeing the listing are told it is not available to be shown yet, then later see the rider on the for sale sign change from “coming soon” to “sale pending”. Continue Reading →

Florissant Tramples the Rights of Landlords and Tenants With Passage of Crime Free Bill

By , on October 16th, 2016

On October 10th (well, technically October 11th since the final vote was not taken until reportedly 1:00 am) the city of Florissant dealt it’s latest blow to landlords and tenants clearly, in my humble opinion, sending a message that they (Florissant) want neither within their city limits. Continue Reading →

Should You Pay An Agent Bonus To Sell Your Home?

By , 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 , 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 , 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 →

What do 90 municipalities cost?

By , on April 8th, 2016

St. Louis County is entertaining the idea of adding the City of St. Louis to its list of incorporated municipalities. All legal opinions rmly show that the County will absorb NONE of the City’s nancial responsibilities. If this were to happen the City of St. Louis will be no di erent than municipalities such as Clayton, Ellisville, or Chester eld. It would simply be another city located in St. Louis County. I am an advocate for this move. The City needs to cease County functions and turn them over to the County. Currently, practices and city functions run at ine cient levels. Continue Reading →

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

By , 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 →

The Rights Of Missouri Landlords Are About To Be Trampled On Again

By , on April 1st, 2015

Section 347.057 of the revised statutes of Missouri state “A person who is a member, manager, or both, of a limited liability company is not liable, solely by reason of being a member or manager, or both, under a judgment, decree or order of a court, or in any other manner, for a debt, obligation or liability of the limited liability company, whether arising in contract, tort or otherwise or for the acts or omissions of any other member, manager, agent or employee of the limited liability company.” So, like a corporation, LLC’s provide protection to the individuals, (or other LLC’s, or corporations) that own the LLC from personal liability for business conducted by the LLC. This is not by accident as, without the ability to protect one’s personal assets from liability from business operations, many businesses wouldn’t exist nor would the products and services they provide. For example, perhaps you own stock in a company such as Ford. Would you be willing to buy that stock, and invest in that company, if you were going to be personally named in all the lawsuits brought against Ford? I doubt it. Continue Reading →

Dr. Martin Luther King Jr Inspired Peace Park Here in St Louis

By , on January 19th, 2015

Today, as we celebrate the life of Dr. Martin Luther King, Jr., it is hard for me to believe that, during my lifetime, there was a time when it was legal to refuse to rent or sell a house to someone because of their race or skin color, but it was. However, the Civil Rights Act of 1968, also referred to as the “Fair Housing Act of 1968”, which was signed into law by President Lyndon Johnson, just one week after Dr. King’s assassination, corrected this atrocity and made it illegal to refuse to rent or lease a home to someone based upon their race. Continue Reading →

Mortgage Delinquency Rate Forecasted To Drop To Pre-Bubble Rates Next Year

By , on December 10th, 2014

The Mortgage Delinquency Rate, the pre-cursor to, and leading indicator of, foreclosures, which play havoc with home prices, is expected to decline to 3.12 percent by the end of this month and continue to decline next year hitting 2.51 percent by the end of 2015, according to a forecast just released by TransUnion. If mortgage delinquency rates fall as lowest as forecast, it will hit the lowest level since the housing bubble burst. A home mortgage that is 60 days or more delinquent is counted in the mortgage delinquency rate for this report by TransUnion.

The report goes on to Continue Reading →

Should I Buy A Home Directly From The Listing Agent?

By , on October 14th, 2014

One of the most frequent questions I have been asked over the years by home buyers is “Should I Buy A Home Directly From The Listing Agent?” While no answer is correct for every situation, I would say that, in most cases, the answer to this question is “no”, you should not buy a home directly from the listing agent. You may be thinking though “won’t I get a better deal by cutting out the middle man?” In reality by going to the listing agent you are in fact NOT cutting out the “middle man” because in 99.99%* of the Continue Reading →

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