Nevada's unusual commission case is no longer so unusual. When Nevada home seller Nathaniel Whaley first filed his counterfeit fee lawsuit, the complaint named only the Realtor Association and the MLS as defendants and was joined by a flurry of other fee lawsuits. .
But that all changed on Thursday when Whaley's lawyers filed an amended complaint naming 15 securities companies as defendants.
jason mitchell group, open door, Exp Realty, Berkshire Hathaway Home Services Nevada Real Estate, Simply Vegas, Urban Nest Realty, luxury homes in las vegas, huntington and willis, keller williams southern nevada, keller williams vip, Keller Williams Realty Las Vegas, Keller Williams Realty The Marketplace, Engel & Felkers Lake Tahoe, Douglas Elliman of Nevadaand red finparticipate National Association of Realtors, las vegas real estate agent, nevada real estate agent, sierra nevada real estate, Incline Village Realtors, elko county real estate agent, Mesquite Real Estate Association and Northern Nevada Regional MLS as the defendant.
What hasn't changed is NAR's participation rules, which are at the heart of the lawsuit, and require listing brokers to make a lump-sum offer of compensation to the buyer's broker in order to list a property on the MLS.
The complaint states that the newly named broker defendants “encourage their brokers, franchisees, and agents to participate in one of the local NAR associations, participate in the MLS, and abide by the following rules: “The company furthers this allegedly anticompetitive policy by requiring and/or encouraging companies to do the same.” Related MLS Rules. ”
“The Broker Defendants also play a significant role in the conspiracy in carrying out the objectives of the conspiracy in the field,” the complaint states. “In routine transactions involving the sale of Nevada homes and the payment of commissions by sellers and buyers to brokers, the Broker Defendants introduced and enforced anti-competition rules. It enriches the intermediary defendants and their co-conspirators at the expense of the owners.”
A spokeswoman for Douglas Elliman did not want to comment on the amended complaint, and the other newly named defendants did not respond to requests for comment.
