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Last week, C.A.R. was named as a defendant in a seller class action antitrust lawsuit filed in California federal court (Central District). The lawsuit, Gael Fierro and Patrick Thurber v. NAR etal., alleges similar claims to those contained in the Burnett v. NAR case and many other “copycat” lawsuits that have been filed nationwide in recent months. In addition to NAR and C.A.R., the plaintiffs have sued several local associations of REALTORS® in California, MLSs, and corporate brokerage defendants. In brief, the plaintiffs claim that the defendants conspired and engaged in anticompetitive practices relating to NAR’s rules on the cooperative compensation offered by listing agents to buyer’s agents in the MLS. Suffice it to say, we believe these allegations are without merit for many reasons. We will present those arguments in court and have retained highly experienced antitrust defense counsel who will work with our C.A.R. legal team to do so.

As real estate professionals, your agents should continue to have open and transparent discussions with their clients about how you are paid, including the negotiability of real estate broker compensation, and how compensation is structured.

Rev. 02/6/2024