OHIO — Earlier this month, the National Association of Realtors (NAR), along with other realty groups, were found liable for conspiring to keep commissions artificially high.
After a quick deliberation, a federal jury in Missouri ordered the NAR, Keller Williams Realty and Homeservices of America to pay out $1.8 billion. In response, the NAR said that they will appeal the verdict. Re/Max, Century 21 and a few other realty firms settled out of court for similar charges and will pay around $140 million in damages. Realtor companies have agreed to change their business practices, which includes no longer forcing agents to be members of NAR, which was a contributing factor to lack of competition.
“The allegation was collusion,” said Anat Alon-Beck, who serves as an associate law professor at Case Western Reserve University. “You have those fixed rates that theoretically can be negotiated, but they were not negotiated and that the agents would just still split the space between them with or without the client's knowledge. That would also inflate the house prices, and so if we deal with this form of collusion, then again, theoretically, the prices should be reduced accordingly if we reduce the price of commission.”
While this might be considered a win for consumers, there is still a lot to figure out before homeowners see a change.
“Is the NAR going to come up with a different type of practice or are the agents going to each still insist on that with the client?,” Alon-Beck said. “What's really interesting is not just the commission but the listing as well. What are we going to do about the listing platforms, and how are those rules going to be enforced? If you want to sell your house, are you still going to be a captive audience or is that going to allow more competition?”
Hundreds of thousands of homeowners who brought the case to court will receive a payout from the realty groups. The lawsuit could impact housing rules and regulations on a national level.