Realtors Can't Arbitrate Antitrust Row, Consumers Say

Law360 (March 31, 2020, 5:28 PM EDT) -- Consumers urged a Missouri federal judge on Monday not to force into arbitration a piece of their proposed class action accusing the National Association of Realtors and major broker franchisors of conspiring to inflate broker commissions, arguing the franchisor in question is too far removed from the arbitration provision.

The arbitration dispute is limited to HomeServices of America Inc. and two subsidiaries, BHH Affiliates LLC and HSF Affiliates LLC, accused alongside others of keeping broker fees artificially high through the national association’s industrywide commission rules. The HSA defendants cannot force home-sellers who went through a subsidiary into arbitration, the consumers said,...

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