The real estate industry on trial

A sale sign stands outside a home in Wyndmoor, Pa., Wednesday, June 22, 2022. The National Association of Realtors has agreed on Friday, March 15, 2024, to pay $418 million and change its rules to settle lawsuits claiming homeowners have been unfairly forced to pay artificially inflated agent commissions when they sold their home.
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Matt Rourke/AP

A sale sign stands outside a home in Wyndmoor, Pa., Wednesday, June 22, 2022. The National Association of Realtors has agreed on Friday, March 15, 2024, to pay $418 million and change its rules to settle lawsuits claiming homeowners have been unfairly forced to pay artificially inflated agent commissions when they sold their home.

Matt Rourke/AP

In 2019, Mike Ketchmark got a call. Mike is a lawyer in Kansas City, Missouri, and his friend, Brandon Boulware, another lawyer, was calling about a case he wanted Mike to get involved with. Mike was an unusual choice – he’s a personal injury lawyer, and this was going to be an antitrust case.

But Brandon knew Mike was great in front of a jury. And that he’d won huge settlements for his clients in the past.

So the lawyer friend drops by Mike’s office, and pitches him the case. Rhonda and Scott Burnett had just sold their home for $250,000, and out of that amount, they had paid $15,000 in commission (plus a small fee), which was split between two real estate agents – even though they had hired only one. And the commission was high – 6%. Mike’s friend said the whole thing seemed… suspicious. Maybe even illegal.

Mike agreed to take the case, a case that would soon become bigger than one about just what had happened to the Burnetts. It would become a fight about the way homes are bought and sold in the U.S. and challenge the way real estate agents have done business for more than 100 years.

Are real estate agent fees a racket?

The Indicator from Planet Money

Are real estate agent fees a racket?

This episode was hosted by Amanda Aronczyk and Keith Romer. It was produced by Willa Rubin, edited by Keith Romer, engineered by Valentina Rodríguez Sánchez, and fact-checked by Sierra Juarez. Alex Goldmark is Planet Money’s executive producer.

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Music: Universal Production Music – “Jazz Club Beat,” “Stop The Missiles,” and “This Is Not Goodbye”

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