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Has Achieved Nirvana
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May 2025


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38221 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
"I've got morons on my team."

Mitt Romney
Minor Deity
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Good article in the NYT today.

Five Ways Buying and Selling Might Change

quote:
Buyers would be expected to pay their own agents.

At the heart of the proposed rule changes is commission “decoupling” — buyers and sellers would now each be responsible for paying their own agents rather than making sellers cover fees for both.

For buyers, especially those already struggling to amass a down payment for a home, this could sting.

“Most entry and lower end buyers BARELY can come up with 3 percent down,” one broker, Stephen O’Hara, chief executive of Common Ground Properties in Rancho Santa Margarita, California, wrote on a Facebook discussion thread. “They don’t have enough money for a can of paint, much less a $20k Commission.”


I have no problems with decoupling. Two points about this argument:

1. Just because the buyer "pays" something doesn't mean the buyer has really or fully paid it. The "incidence" (effect on you) of the change depends also on what happens to the strike price of the house. If you pay your broker 1.2% and the price of the house is lower now by some amount, then it's not at all clear who actually pays the agent, and how much.

2. Mr. O'Hara needs a reality check. If $20K is 2% of the house value, then the house sold for $1,000,000. That's some entry level buyer ...
 
Posts: 12759 | Location: Williamsburg, VA | Registered: 19 July 2005Reply With QuoteReport This Post
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quote:
Originally posted by wtg:
May 2025


I will be back from my conference before then.

suave

P.S. thanks WTG!!


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Posts: 18860 | Location: not in Japan any more | Registered: 20 April 2005Reply With QuoteReport This Post
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quote:
Originally posted by piqué:
please report back on what you find out when you call.


Recorded information that mirrors what's on the website. It refers you to the website for details about how to determine if you're in the class. You can ask for information about Burnett or Moehrl, and it does say that Moehrl is ongoing.

One prompt was for "why did I receive this notice?", which confirms what I thought, that members of the class are notified, based on information provided by the various parties involved. Still wondering why I don't remember getting a notice if I'm in the class. Lost in the mail?


quote:
Originally posted by piqué:
i'm pretty sure I saw links to different forms for each case.


When I called the toll free number, it asks you if want info about Burnett or Moehrl. When I chose Moehrl it says the case is "ongoing", and the website talks about going to trial.,, yada yada Ihen I looked at the Moehrl page on the website, there is no claim form under the Important Documents tab. But there is one for Burnett, the one you found and linked here.


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38221 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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quote:
Originally posted by jodi:
We sold two houses between March 6 2015 and December 2020.


quote:
Are there different forms for each case? I found those dates in the Moehrl page.


For Moehrl, there is also a requirement that the listing was on a "Covered MLS". There's a list under the Home tab on the Moehrl page. And you had to have used one of the defendants. Burnett is much broader; your sale could have been listed on any MLS service and handled by any brokerage. The Burnett date ranges are different too.


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38221 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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So it looks like there are no claim forms yet for the Moehrl one - but those will come later. There is a claim form for the second one WTG listed.


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Smiler Jodi

 
Posts: 20525 | Registered: 20 April 2005Reply With QuoteReport This Post
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I don;t think this pertains to us - we didn’t use any of the listed MLS - none are in maine or Montana.


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Smiler Jodi

 
Posts: 20525 | Registered: 20 April 2005Reply With QuoteReport This Post
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Those were my conclusions, too, jodi. I thought the sale of my Mom's condo might be covered under Moehrl dates, but Illinois MLS services aren't on their list.

Wonder how the NAR settlement will ultimately pan out...


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38221 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
czarina
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quote:
Originally posted by jodi:
I don;t think this pertains to us - we didn’t use any of the listed MLS - none are in maine or Montana.


You don't have to have sold in a listed MLS. You could have used any MLS in the country.

And there are three cases. The two that are not Moehrl, each have different dates, and each has their own claim form.

Jodi if you were not in any of the listed MLSs, then you could qualify still, just depending on the dates you closed.

Moehrl is the only one where which MLS you used matters.


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Posts: 21539 | Registered: 18 May 2005Reply With QuoteReport This Post
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Wait. What are the three cases? I only saw Moehrl and Burnett, with a claim form for Burnett. Could you post a link to the other one you saw?

Just to clarify, I thought Jodi was talking about not qualifying for Moehrl, and I was commenting that I don’t either.


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38221 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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But the tables in Burnett and Moehrl for the sale of a property between 2016-2020 section clearly list the mls that your realtors would have been associated with, and specific states.
The only one that says mls anywhere in the us is the one where you sold a property between from feb 2020 til now. ( That’s part of the Burnett one )


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Posts: 20525 | Registered: 20 April 2005Reply With QuoteReport This Post
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I think your December 2020 sale entitles you to file under Burnett for that sale but not your 2015 sale.

I don’t think you qualify under Moehrl for either sale. You fall within the date range, but not the specific MLS requirement.

Edit: I am operating under the assumption that the settlement funds for these cases are kept separately. That is, there is money for Burnett and money for Moehrl. If you qualify for the Burnett class, you submit a claim there. If you qualify for Moehrl ( which I don’t think you do), you would submit a second claim form for that money. And there’s the NAR settlement, which we have no details on for right now.


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38221 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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I’m trying to get caught up with this thread, and it is indeed confusing (the case, not the thread).

The other thing that’s making me nervous is whether this impacts our upcoming purchase, and for example, if purchasing under the old model (seller pays commission) is going to mean that we will have overpaid for the house. That would matter particularly if we ended up selling it quickly…

I guess I probably need to ask my real estate agent about it, but ugh…


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Posts: 18860 | Location: not in Japan any more | Registered: 20 April 2005Reply With QuoteReport This Post
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This type of litigation and associated controversy has actually been going on for a while, but I think for some of us it may be the first time we've become aware of it. I'm certainly one of those people.

I wouldn't worry about how this affects your purchase price and the future value of the home; there's no way to know that. It's going to take a long time for the effects to be reflected in the market, and we really don't know very much about what those effects will be. Not to mention that a thousand other unrelated things in the market could make a home much more, or much less valuable in the future. Who had the COVID boom on their real estate bingo card? Big Grin

On the good news side...You will probably be able to collect something from the Burnett litigation because you sold your house last year.


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When the world wearies and society ceases to satisfy, there is always the garden - Minnie Aumônier

 
Posts: 38221 | Location: Somewhere in the middle | Registered: 19 January 2010Reply With QuoteReport This Post
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I sold a house in 2016 and 2018


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Smiler Jodi

 
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