News & Analysis as of

Antitrust Provisions National Association of Realtors Real Estate Transactions

Whitman Legal Solutions, LLC

Confusion Abounds with Buyer Brokerage Agreements Post NAR Settlement

The real estate industry is experiencing a situation due to new rules relating to buyers’ brokers in residential real estate transactions. Earlier this year, facing a $1.8 Billion verdict, the National Association of Realtors...more

Manatt, Phelps & Phillips, LLP

NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate

In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National...more

Whitman Legal Solutions, LLC

Why the NAR Settlement Might Favor Sellers of High-Priced Homes

Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the...more

Manatt, Phelps & Phillips, LLP

Missouri Jury Finds Realtors Liable for $1.78 Billion in Commission Fees

On October 31, 2023, a federal jury in the Western District of Missouri found that the National Association of Realtors (NAR) and multiple other real estate brokerages violated antitrust laws by conspiring to inflate the...more

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