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February 18, 2024

Summary of the Double Trouble Lawsuit: DOJ Warns Proposed Settlement May Breach Federal Law

Summary of the Double Trouble Lawsuit

Key Points

– The US Department of Justice (DOJ) has recently indicated that a proposed settlement in a significant antitrust lawsuit may in fact breach federal law.

– It has been recommended that buyers should negotiate their broker’s commission directly, breaking from the tradition of set commission rates.

– Brokers are more likely to face a greater variance in income and may have to work harder to justify their fees in this new climate.

– This could result in a shakeup of the traditional real estate market model, impacting both buyers and brokers.

– Certain efforts to standardize broker commissions across the board have been deemed as potentially anticompetitive, inviting scrutiny from the DOJ.

Titbits of Wisdom

In the daily soap of the real estate market, our latest episode features the Department of Justice (DOJ) slapping a lawsuit with another lawsuit. Yeah, you read that right! When they sniffed out something fishy in a proposed settlement to an antitrust lawsuit, they didn’t shy away from yelling, “violation of federal law!”

So on one hand we have an attempt to simplify and standardize broker commissions across the spectrum, with the proposed settlement stating, “Let’s all get along and take the same cut.” A perfect utopia for brokers, some might say. But, pause the daydream, folks! The DOJ, in true spoilsport fashion, crashed this party, wielding the mighty stick of antitrust law.

The government watchdog, in all its wisdom, seems to have nudged the market towards direct negotiations between buyers and their brokers. Rather a rough tumble for some brokers, wouldn’t you say? Who’d prefer a roller-coaster ride when the old merry-go-round worked just fine? But hey, welcome to the wild ride of direct negotiations where every deal can swing the commission pendulum. Buckle up!

And if you thought making sense of the real estate market was like understanding quantum physics before, hold onto your hats! We’re probably heading towards an even quirkier future, buzzing with negotiators buzzing for a better deal.

The Closing Scene

In today’s lovingly delivered hot take, we find, once again, that consistency is as rare as a unicorn in the real estate dimension. Just when we thought there was solace in standardized broker commission, the DOJ steps in to prove us all naive.

Arguably, it might make for a fairer world—brokers will need to really earn their dollar, buyers might get a better deal and the estate market could be rocked by the supersonic boom of competition. But, then again, is it turning into a free-for-all gladiator match? Only time, deals, and more DOJ involvement will tell. With this, stay tuned to the next episode on “World of Real Estates” – we promise you a daily dose of drama!

Original article: https://www.inman.com/2024/02/16/doj-to-nosalek-judge-broker-commissions-should-be-decoupled/

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Martin Towers


Martin is an ex Real Estate Agent turned digital marketer and entrepreneur now specialising in helping Realtors all around the world

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