[VIP] A Few Thoughts on Hyland v. HomeServices of America and Its Applicability to the Moehrl v. NAR Lawsuit

Recently, I saw someone on Facebook bring up this case, Hyland v. HomeServices of America, Inc., 771 F. 3d 310 – Court of Appeals, 6th Circuit 2014, as pretty much ending the threat from the series of lawsuits filed against NAR, large brokerages and franchises, and a number of MLSs. (If you are a large brokerage or a large MLS and you haven’t been sued yet, give it some time — I’m pretty sure something is coming your way in the not too distant future.)

Given that Hyland is a Court of Appeals case, and one that involved a claim of conspiracy to keep commissions high, that does sound pretty reasonable. So I thought I’d put my legal education to use and actually read the case and think about it some.

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Rob Hahn

Rob Hahn

Managing Partner of 7DS Associates, and the grand poobah of this here blog. Once called "a revolutionary in a really nice suit", people often wonder what I do for a living because I have the temerity to not talk about my clients and my work for clients. Suffice to say that I do strategy work for some of the largest organizations and companies in real estate, as well as some of the smallest startups and agent teams, but usually only on projects that interest me with big implications for reforming this wonderful, crazy, lovable yet frustrating real estate industry of ours.

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