Recap and Summary: Likely Impact of the Commission Lawsuits

[NOTE: This is a VIP post, for subscribers only. However, given the importance of the topic, I’m going to make it open to all for a couple of weeks. Dumbass comments will be deleted since that’s one major benefit of VIP.] As promised, I thought I would recap and summarize my thoughts on what the … Read more

Reading the Moehrl v NAR Class Action Certification Opinion

Judge Andrea Wood of the US District Court for the Northern District of Illinois just granted class certification to the plaintiffs in Moehrl v. NAR, the mega lawsuit dealing with real estate commissions. This apparently sent shockwaves throughout the real estate industry, which puzzles me a bit. But then again, I’ve been following this lawsuit … Read more

Exploring the Worst Case Scenario: Copycat Litigation & Peculiar Hell for the Local MLS

In my last post exploring the worst case scenario from the commission lawsuits (Sitzer, Moehrl), I mentioned that MLSs will be going through their own special hell. I thought I would expand on that. Because while NAR might be dealing with a huge crisis, NAR is very wealthy with enormous resources. They probably can cope … Read more

Exploring the Worst Case Scenario: On Bankruptcy

Had a conversation recently with the CEO of a large MLS who desires anonymity. But who he is is unimportant since the topic is the point. We were talking about the big lawsuits (Sitzer, Moehrl, REX, PLS) and the worst case scenario that could come from them. Specifically, the commission lawsuits of Sitzer and Moehrl … Read more

Reading Tea Leaves: Class-Action Status in Sitzer v. NAR

A number of readers have sent me the news and the actual opinion from the court hearing Sitzer v. NAR (Case No. 19-CV-00332-SRB), in which the court basically granted the plaintiffs everything they wanted. This is now officially a class action lawsuit, certified by the court, to include thousands, if not tens of thousands or … Read more

Seven Predictions for 2021: The Eurovision Song Contest Edition

It’s that time of year again. Chestnuts roasting on an open fire. Jack Frost nipping at your nose. And Rob making ridiculous predictions sure to be wrong about the year to come. Welcome to the predictions for the Year After the Pandemic. Let’s all raise a glass and forget that 2020 ever happened, and move … Read more

Harshing the Mellow: NAR, DOJ, Lawsuits

I’m actually a bit busy with critical research and writing, but thought I’d take a moment out to write something fun and lighthearted about real estate. Then I read this in Inman: “DOJ-NAR settlement will effectively squash 2 consumer antitrust suits.” The author contends that the recent DOJ-NAR settlement is a wonderful thing, as it … Read more

The NAR Commission Lawsuit: Creeping Doom, One Step Closer

A couple of weeks ago, Judge Andrea Wood of the United States District Court for the Northern District of Illinois Eastern Division issued a memorandum opinion denying the defendants’ motion to dismiss in the all-important case of Moehrl v. NAR. You can find the opinion here. As many of you know, I’ve been interested in … Read more

[VIP] On the DOJ Statement of Interest

In case you haven’t already heard, the U.S. Department of Justice has taken the rare step of intervening in a civil case with a Statement of Interest on Behalf of the United States of America. Interesting note: the intervention was in the Sitzer case out of Missouri rather than the Moehrl case in Illinois, which … Read more