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Update on Marcus & Millichap litigation against the Kentucky Real Estate Commission

By MICHAEL H. ERDMAN

I noticed this article in this morning's Courier-Journal, which highlights yesterday's oral arguments on a pretrial motion in the Kentucky litigation I introduced in an earlier post. While the suit mainly involves commercial brokers and commercial real estate, the underlying issue presented - the reach of a state real estate commission and its regulations - is applicable to all real estate brokers. And, according to Kentucky Assistant Attorney General Stuart W. Cobb, you had better watch what you say if you are an out of state broker talking about Kentucky real estate, because ?[r]eal estate brokerage is talking.? Check out the article to see what I mean.

Given positions taken by the California, New Hampshire, and, most recently, Missouri Real Estate Commissions as they relate to the operations of several innovative real estate websites, the issue of regulatory reach should be on everyone's radar.

Full post as published by Real Estate, Real Competition & The Law on June 21, 2007 (boomark / email).