8th Circ. Says Broker Can't Arbitrate Antitrust Claims

By Matthew Perlman (September 10, 2021, 6:30 PM EDT) -- An Eighth Circuit panel on Friday found that HomeServices of America Inc. waived its right to arbitrate claims from consumers alleging that industrywide real estate commission rules have artificially inflated broker fees.

The panel issued an opinion and judgment affirming a Missouri federal court decision rejecting HSA's bid to compel antitrust claims from home sellers Scott and Rhonda Burnett into arbitration. The consumers are named in a proposed class action against the National Association of Realtors and real estate companies over the broker fee rules.

The opinion said HSA waited nearly a year after the Burnetts filed suit to lodge its...

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