Burnett v. NAR Summary Judgment Opinion: Per Se Liability!

About a week ago, the judge in the Burnett v. NAR case (formerly Sitzer v. NAR) handed down his ruling in the motion for summary judgment. It did not go well for the defendants. The Inman story by Andrea Brambila does a good job of covering the highlights, so read that in full. The result … Read more

Exploring the Worst Case Scenario: Copycat Litigation & Peculiar Hell for the Local MLS

In my last post exploring the worst case scenario from the commission lawsuits (Sitzer, Moehrl), I mentioned that MLSs will be going through their own special hell. I thought I would expand on that. Because while NAR might be dealing with a huge crisis, NAR is very wealthy with enormous resources. They probably can cope … Read more

Exploring the Worst Case Scenario: On Bankruptcy

Had a conversation recently with the CEO of a large MLS who desires anonymity. But who he is is unimportant since the topic is the point. We were talking about the big lawsuits (Sitzer, Moehrl, REX, PLS) and the worst case scenario that could come from them. Specifically, the commission lawsuits of Sitzer and Moehrl … Read more

[VIP] Opendoor 3Q/22: I Can See Clearly Now

As most of you know, I am a big giant iBuyer bull, which means I am a big giant Opendoor bull. I am long OPEN and remain long OPEN. I have a lot of faith in the company, in the business model, in the value to consumers, and in the team at Opendoor. And even … Read more

[VIP] 3Q22 CoStar Group: The House of the Rising Sun

Last year I published a special Red Dot on CoStar after its entry into residential real estate. I subtitled it, “The Rising Sun” for a few reasons. One of them was that CoStar was the most serious entrant into residential real estate in recent memory… perhaps ever. Even Sears or Merrill Lynch (who had entered … Read more

Department of Labor Goes After Independent Contractors

As longtime readers know, I’ve been talking about the possibility of the 1099 exemption for real estate agents going away for quite a few years now. I first wrote about it in 2014, after raising the issue of real estate agents getting classified as employees at the 2013 T3 Summit, then again in 2015 in … Read more