Litigation around the country regarding the treatment of brokerage commissions, including the Moehrl case in Minnesota, has been ongoing for some time now. Some courts have certified cases as being class-action suits. This means that consumers who paid real estate commissions during the relevant timeframe, which is roughly the past 5 to 7 years, are automatically included as plaintiffs in the litigation and as potential parties to these class action lawsuits.
Various plaintiff law firms may notify class members of the class action and give each class member/consumer the option to opt out of the litigation. This notice is typically given by mailing a postcard-style mail piece or hard copy letter addressed to each class member.
The purpose of this message is to provide a heads-up that these notices may be coming and consumers may reach out for clarity and understanding.
SPAAR does not believe the current industry practices are in violation of the law. At the same time, SPAAR is working to maximize transparency and continue to assist brokers and agents in providing crucial services to the residential real estate industry.
Please advise any consumers who have questions to consult legal counsel should they desire specific guidance.