The lawsuit filed in April 2024 alleges collusion among real estate entities to enforce inflated commissions on homebuyers via the NAR's Participation Rule. It identifies homebuyers as indirect purchasers, with the commission costs borne by home sellers. Plaintiffs sought antitrust relief but were deemed ineffective enforcers, leading to the conclusion that home sellers are more appropriate claimants. The court dismissed the request for injunctive relief with prejudice due to an existing settlement in related lawsuits, while other claims remained eligible for refiling without prejudice.
The suit alleges that real estate entities colluded to create rules forcing homebuyers to pay inflated real estate agent commissions, specifically the now-defunct NAR Participation Rule.
Plaintiffs were considered indirect purchasers of the inflated commissions since payments were made by home sellers and not directly by the plaintiffs.
The court ruled that home sellers are better suited to seek antitrust relief, as they are the directly affected individuals in these cases.
The plaintiffs' claims for injunctive relief were dismissed with prejudice due to the NAR home seller commission lawsuit settlement, prohibiting any refile with similar requests.
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