Real estate industry facing pushback to longstanding rules setting agent commissions on home sales

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A series of court challenges are seeking to upend longstanding real estate industry practices that determine the commissions agents receive on the sale of a home — and who foots the bill.

One case brought in 2019 in federal court in Missouri by a couple of home sellers ended Tuesday with a federal jury ordering the National Association of Realtors and some of the nation's biggest real estate brokerages to pay almost $1.8 billion in damages after finding they artificially inflated commissions paid to real estate agents.

“This matter is not close to being final as we will appeal the jury’s verdict,” Mantill Williams, a spokesman for the NAR, said in a statement. “In the interim, we will ask the court to reduce the damages awarded by the jury.”But already the NAR and several real estate brokerages are facing another lawsuit over agent commission rules. Fresh off winning the verdict in the 2019 case, the lawyers filed a new class-action lawsuit in the U.S.

Plaintiffs claim that the NAR requirement effectively keeps commissions for a homebuyer's agent artificially high. “It gives the greatest number of buyers a chance to afford a home and professional representation, while also giving sellers access to the greatest number of buyers,” Williams said., pushing the national median sales price to $394,300 as of September, so have agents’ commissions.

 

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