realty agency discriminates against discount brokers, legal action?
Sunday, September 27th, 2009A local realestate agency does not list any MLS listing on her site the PRMOTES ALL MLS listings that are listed by dicount brokerages. She is by far the biggest agency in my area, accounting for nearly half of all home sale listings. Some refer to it as a monopoly.
Since she promotes that her search engine on her site pulls up all MLS listings, could some one not seek a liability case? I know it is against the law for realtors to intentionally bypass FSBO listings, or dicounted brokerage listings. What is amazing is 95% of these sellers she bypasses in her system ARE OFFERING 3% to a selling agent. The other few are offering 2.5%.
I’m one of those excluded, despite being in the MLS and offering a commission. I had my brother call her agency about my home, they told him "it is not something you would be interested in, trust me!" They have never even seen it! Do I have a case?
This is an interesting question.
If she is advertising that she is allowing searches of all MLS properties and is screening out discount brokers and or lower commission offerings I would think that you could file a complaint against her with the MLS, local board of Realtors (if she is a Realtor), the state regulatory agency for agents/brokers for false advertising. You could contact the federal anti-trust attorney(s) they are always happy to look into real estate brokerages. By the way if they can turn up a antitrust case you get treble damages (if you can show that you were damaged).
Good luck