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Real Estate & Property Law

Real Estate, Real Competition & The Law Real Estate, Real Competition & The Law

Offers U.S. home buyers and sellers an opportunity to substantially reduce the $60 billion they collectively spend annually on real estate brokerage commission fees. Chronicles what one lawyer believes to be a variety of anticompetitive practices being encountered by these innovators.
By Michael Erdman

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Last Entry: April 12, 2011 at 01:02:01

Recent Entries: 41

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Realcomp knowingly violates NAR rule, its CEO offers after-the-fact explanations for suspect Website Policy

Posted on August 09, 2007
Last week the FTC (technically lawyers supporting the complaint) filed a post-trial brief in the FTC v. Realcomp matter. No surprises really, but I did come across two matters worth noting here. First, in several prior posts on this blog, I have wondered how it could be that Realcomp was enforcing its Website Policy, which among other things prevents EA listings from being uploaded to Realtor...

Amended Complaint filed in Louisville Price-Fixing litigation

Posted on August 06, 2007
Late last week the remaining plaintiff in the Louisville price-fixing class action filed an amended complaint with the Clerk. I have not had an opportunity to review the filing, but understand that the only changes relate to the identities of certain parties...

Realcomp update

Posted on August 02, 2007
Earlier this week Realcomp filed its post-trial brief in the FTC v. Realcomp matter.You'll recall that this case relates to Realcomp's "Web Site Policy" and its "Search Function Policy". Perhaps sensing a weakness in its case, Realcomp confirmed in its brief that "[i]n April, 2007, Realcomp repealed the Search Function Policy...

New complaint filed in RealComp private antitrust litigation

Posted on July 30, 2007
A few months ago I wrote about a private antitrust lawsuit filed against RealComp II, Ltd. and MiRealSource in Michigan. For those of you following the case, I note that last Friday plaintiff filed an amended complaint. Unfortunately I have not had an opportunity to review the new pleading.

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KCPA v. Missouri Real Estate Commission - Update

Posted on July 16, 2007
Today the court hearing Kansas City Premier Apartments, Inc. v. Missouri Real Estate Commission held a status conference, which was attended by attorneys for both parties. As you may recall, I have previously written about this case, which is presently pending in Platte County, Missouri...

Louisville Price-Fixing Class Action - Preliminary Ruling

Posted on July 09, 2007
In 2005 Casey W. Hyland, Graham Pullen and Christopher R. Burnette filed an antitrust class action complaint against numerous real estate brokerages in the United States District Court for the Western District of Kentucky. My understanding is that only Mr...

Inman News Innovator Awards - Most Innovative Blog Finalist

Posted on June 28, 2007
I know that few of you know me personally, but I hope you will accept my claim that, generally speaking, I am not one to boast, regarding professional acknowledgments or otherwise.That said, I was pleased to see - and encouraged by others to share the fact - that Inman News, which annually bestows various "Innovator Awards" upon real estate industry participants, has named this blog as a Finalist for "Most Innovative Blog...

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

Posted on June 21, 2007
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...

Kansas City Premier Apartments v. Missouri Real Estate Commission - Update

Posted on June 18, 2007
Here is a copy of defendants? Answer and Motion to Dismiss, apparently filed on June 8, 2007, in Kansas City Premier Apartments, Inc. ("KCPA") v. Missouri Real Estate Commission (?MREC?), et al. In the pleading, MREC asks the Court to deny KCPA?s prayers for relief and rule that KCPA's business activities constitute the practice of a real estate broker and/or a real estate salesperson and is the basis for an order to enjoin KCPA from engaging in such conduct...

Federal Trade Commission v. Realcomp Joint Stipulation

Posted on June 18, 2007
Barring some last minute settlement, the Realcomp trial is scheduled to kick off tomorrow in D.C.Just posted on the FTC's website is the parties' jointly-filed Stipulation as to Law and Facts. While the stipulation consists of ten pages, the exhibit list filed along with the stipulation covers sixty-three (63) pages...

Kansas City Premier Apartments v. Missouri Real Estate Commission

Posted on June 08, 2007
As first reported by columnist Dan Margolies of the Kansas City Star on May 21, 2007, Kansas City Premier Apartments, Inc. (?KCPA?) filed a Petition in the 6th Judicial Circuit (Platte County) of Missouri on April 16 against the Missouri Real Estate Commission (?MREC?) and its five commissioners...

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