The
latest

copycat

commission
lawsuit
alleges
that
real
estate
industry
players
in

Nevada
have
colluded
to
artificially
inflate
real
estate
agent
commissions.
The
suit
was
filed
on
Monday
in
U.S.
District
Court
in

Las
Vegas
by
Nathaniel
Whaley,
who
sold
a
home
in
Las
Vegas
in
April
2022
and
paid
a
buyer
broker
commission.

The
complaint
names
the


National
Association
of
Realtors,

Las
Vegas
Realtors,

Nevada
Realtors,

Sierra
Nevada
Realty,

Incline
Village
Realtors,

Elko
County
Realtors,

Mesquite
Real
Estate
Association
and

Northern
Nevada
Regional
MLS
as
defendants.
Unlike
other
commission
lawsuit,
the
Whaley
suit
only
names
Realtor
associations
as
defendants.

As
with
all
of
the
other
commission
lawsuits,
the
Whaley
suit
takes
aim
at
NAR’s
Participation
Rule
which
requires
listing
brokers
to
make
a
blanket
offer
of
compensation
to
buyer’s
brokers
in
order
to
list
a
property
on
an

MLS.
 

“The
unlawful
restraints
implemented
and
enforced
by
Defendants’
conspiracy,
further
the
common
goals
of
permitting
Defendants
herein
to
impose
supra-competitive
charges
on
home
sellers
and
restrain
competition
by
precluding
competition
from
innovative
or
lower
priced
alternatives,”
the
complaint
reads.

The
suits
also
alleges
that
members
of
the
association
defendants
“participate
in
and
continue
the
conspiracy
by
serving
on
boards
and
committees
that
enforce
compliance
with
NAR
Rules.”

“Through
these
actions,
and
others
alleged
in
this
Complaint,
each
of
the
Association
Defendants,
and
NAR,
have
taken
actions
to
further
the
conspiracy
and
thereby
have
agreed
to
join,
participate
in,
facilitate,
and
implement
the
conspiracy,”
the
complaint
states.

In
an
emailed
statement,
NAR’s
vice
president
of
communications
Mantill
Williams,
wrote
that
NAR
will
respond
to
the
complaint
in
court.

“The
cooperative
compensation
practice
makes
efficient,
transparent,
and
accessible
marketplaces
possible,”
Williams
wrote.
“Sellers
can
sell
their
home
for
more
and
have
their
home
seen
by
more
buyers
while
buyers
have
more
choices
of
homes
and
can
afford
representation.”

The
plaintiff
is
seeking
class
action
status
for
the
suit
with
the
class
consisting
of
anyone
who
listed
a
home
on
one
of
the
eight
MLSs
named
as
a
defendant
and
paid
a
buyer
broker
commission
between
Jan.
15,
2020,
and
the
present.

Additionally,
the
complaint
demands
a
jury
trial
and
asks
for
treble
damages
and
injunctive
relief.

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