The Morning Call

Compass proposes settling commission suits for $57.5M

- By Alex Veiga Associated Press

Real estate brokerage company Compass Inc. will pay $57.5 million as part of a proposed settlement to resolve lawsuits over real estate commission­s, the company said in a regulatory filing late last week.

The New York-based company also agreed to change its business practices to ensure that clients can more easily understand how brokers and agents are compensate­d for their services, according to the filing with the Securities and Exchange Commission.

Among the policy changes Compass agreed to make, the company will require that its brokerages and their agents clearly disclose to clients that commission­s are negotiable and not set by law, and that the services of agents who represent homebuyers are not free. It also agreed to require that its agents who represent homebuyers disclose right away any offer of compensati­on by the broker for a seller.

The court must approve the settlement terms.

Compass follows several big real estate brokerages and the National Associatio­n of Realtors in agreeing to settle federal lawsuits brought on behalf of home sellers across the U.S.

Keller Williams and Anywhere Real Estate, which owns such brokerage brands as Century 21 and Coldwell Banker, have reached separate settlement­s that include provisions for more transparen­cy on agent commission­s for buyers and sellers.

The central claim in the lawsuits is that the country’s biggest real estate brokerages have been engaging in business practices that unfairly force homeowners to pay artificial­ly inflated agent commission­s when they sell their homes.

The plaintiffs argued that home sellers listing a property for sale on real estate industry databases were required to include a compensati­on offer for an agent representi­ng a buyer. And that not including such “cooperativ­e compensati­on” offers might lead a buyer’s agent to steer their client away from any seller’s listing that didn’t include such an offer.

Last week, the NAR agreed to pay $418 million and make policy changes in order to resolve multiple lawsuits, including one in October in which a jury in Missouri found the trade group and several real estate brokerages conspired to require that home sellers pay homebuyers’ agent commission­s. The jury in that case ordered the defendants to pay almost $1.8 billion in damages — and potentiall­y more than $5 billion if the court ended up awarding the plaintiffs treble damages.

NAR also agreed to several policy changes, including prohibitin­g brokers who list a home for sale on any database affiliated with the NAR from including offers of compensati­on for a buyer’s agent.

The rule changes, set to start in mid-July, represent a major shift to the way agents have operated, going back to the 1990s. While many say it’s too soon to tell how the policy changes will affect home sales, they could lead to sellers paying lower commission­s for their agent’s services. So buyers may have to shoulder more upfront costs when they hire an agent.

 ?? GENE J. PUSKAR/AP 2022 ?? A new developmen­t is seen in Middlesex Township, Pennsylvan­ia. Compass’ settlement is part of a trend in real estate for more transparen­cy into commission­s.
GENE J. PUSKAR/AP 2022 A new developmen­t is seen in Middlesex Township, Pennsylvan­ia. Compass’ settlement is part of a trend in real estate for more transparen­cy into commission­s.
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