Commission lawsuit plaintiff Sitzer launches flat fee real estate startup

By Housing News

There
is
a
new
real
estate
firm
in
town,
but
one
of
its
founders
is
probably
familiar
to
many
in
the
real
estate
industry.
Meet

Landian
,
a
real
estate
startup
founded
by
Bryan
Galen,
Neal
Batra
and
Josh
Sitzer

yes,
the
same
Sitzer
who
filed
the
now
infamous
Sitzer/Burnett

commission
lawsuit.

In
an
interview
with

TechCrunch
,
which

first
broke
the
news

of
Landian’s
debut,
Sitzer
said
his
frustration
with
having
to
pay
a
3%
commission
to
a
buyer’s
agent
on
the
sale
of
his
Kansas
City
home
in
2017,
which
his
shared
with
his
neighbor,
who
happened
to
be
a
lawyer
familiar
with
the
subject
matter,
prompted
the
lawsuit.

After
four
years
of
litigation
and

a
jury
verdict

that
found
real
estate
industry
players
including
the


National
Association
of
Realtors

liable
for
colluding
to
artificially
inflate
agent
commissions,
NAR
and
the
four
corporate
brokerage
defendants
have
all
settled
Sitzer’s
lawsuit
as
well
as
the
countless
copycat
suits
that
sprang
up
after
the
jury
verdict.

“I
wouldn’t
say
I
had
expectations
in
the
beginning,
as
it
was
a
multi-year
battle
of
ups
and
downs,
but
I
had
enough
confidence
in
my
position
to
commit
to
taking
action,”
Sitzer
told
TechCrunch.

Sitzer’s
legal
action
not
only
resulted
in
financial
settlements,
but
also

business
practice
changes

that
went
into
effect

earlier
this
month
,
the
most
notable
of
which
are
the
removal
of
buyer
broker
compensation

from
the
MLS

and
mandatory

buyer
broker
agreements.

In
an
attempt
to
capitalize
on
the
real
estate
industry’s
new
normal,
Sitzer
teamed
up
with
Galen,
whose
startup
fintech
firm

Zero

was
acquired
by

Avant

in
2021,
and
Batra
to
found
Landian.

The
website,
which
claims
it
is
not
a
brokerage,
allows
homebuyers
to
select
services
from
real
estate
agents
and
pay
for
them
a
la
carte.
The
company
describes
itself
“as
a
platform
that
schedules
and
coordinates
service
contracts
between
homebuyers
and
licensed
real
estate
agents
who
work
for
their
own
brokerages,
as
well
as
software
tool
that
helps
buyers
prepare
their
own
offers.”

“Landian
operates
as
a
technology
platform
providing
AI-driven
services
to
facilitate
real
estate
transactions.
This
distinction
means
that
while
we
assist
in
the
process
of
buying
or
selling
real
estate,
we
do
not
represent
clients
as
a
broker
or
agent
would,”
the
company
states
on
its

FAQ
page
.
“Our
services
are
designed
to
complement
your
transaction
efforts,
offering
a
streamlined,
efficient
alternative
to
traditional
brokerage
services
without
providing
legal
or
financial
advice.”

The
site
allows
users
to
import
a
listing
from
any
real
estate
site
and
then
book
a
home
tour
or
prepare
an
offer
with
a
licensed
local
agent,
without
owning
a
traditional
commission.
Instead,
Landian
utilizes
a
flat
fee
model,
giving
buyers
the
option
to
pay
as
they
go
for
services
or
at
the
closing.

Landian
charges
buyers
$49
for
each
home
tour,
$199
for
an
offer
preparation
session
with
an
agent,
and
$99
for
an
AI-powered
offer
preparation
session.
Additionally,
if
the
buyer
would
like
a
higher
level
of
service,
Landian
charges
$1,799
for
a
package
that
includes
up
to
five
home
tours
and
two
offer
prep
sessions.
Added
services,
like
additional
home
tours,
offer
prep
sessions
or
closing
consultations,
are
still
available
a
la
carte.

If
buyers
choose
to
utilize
this
tier
of
service,
they
pay
the
total
amount
due
for
the
services
they
utilized
at
closing,
if
they
purchase
ant
house
in
the
U.S.
or
Canada
within
90
days
of
signed
up,
or
if
they
purchase
any
house
that
they
used
Landian
to
schedule
a
tour
or
submit
and
offer
on
within
one
year
of
signing
up
for
Landian.
If
a
buyer
does
not
successfully
close
on
a
property,
Landian
says
that
they
will
not
owe
the
firm
or
their
agent
anything.

If
you
utilize
just
an
offer
prep
session
and
the
seller
rejects
your
offer,
the
flat
fee
for
the
offer
prep
session
still
applies,
but
support
for
handling
counteroffers
is
part
of
the
original
offer
prep
flat
fee.

The
company
claims
it
saves
consumers
an
average
of
$15,000
per
transaction.

Agents
who
sign
on
to
the
Landian
platform
will
still
be
brokered
at
their
brokerage
and
not
by
Landian.
In
order
to
comply
with
the
terms
of
the
NAR
settlement,
agents
working
with
clients
on
the
Landian
platform
must
sign
a
Landian
Buyer-Broker
Agreement,
which
the
firm
says
is
“e-signed
by
the
buyer
before
any
services,
such
as
property
tours
or
offer
preparation,
are
provided.
The
agreement
ensures
that
the
compensation
for
your
services
is
clearly
outlined
and
objectively
ascertainable,
in
compliance
with
the
latest
NAR
settlement
changes.”

“By
using
the
Landian
platform,
both
you
and
your
client
are
protected
by
a
legally
sound,
transparent
agreement
that
aligns
with
industry
regulations
and
best
practices,”
the
firm’s
FAQ
page
states.

Agents
who
meet
a
client
through
the
Landian
platform
must
maintain
all
of
their
communication
with
that
client
within
the
platform.

Landian
currently
available
to
serve
clients
all
districts,
states,
territories
and
provinces
of
the
U.S.
and
Canada.
The
company
has
yet
to
raise
external
capital
and
is
so
far
operating
with
friends
and
family
money.
According
to
TechCrunch
it
is
in
the
process
of
raising
a
seed
funding
round.

Landian
did
not
return
a
request
for
comment.

 

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