Regulatory (Real Estate & Mortgage)

We represent innovative brokers and service providers across the country in the real estate and mortgage industries, advising them on regulatory and other legal matters which affect their operations including:

  • State real estate broker laws and regulations relating to licensure, minimum level of service, rebates, advertising, physical in-state offices, attending closings, referral fees, etc.
  • State mortgage broker, mortgage banker, mortgage loan originator, loan broker and related commercial and residential licensing statutes and regulations relating to licensure, referral fees, etc.
  • Real Estate Settlement Procedures Act (RESPA)
  • Inquiries, investigations and administrative proceedings conducted by state real estate regulators
  • Antitrust law
  • Realtor association and multiple listing service rules and complaints relating to property listings, ethics standards, homeseller yard signage, business names and URLs, etc.
  • Website functionality, content and terms of use
  • Customer agreements and marketing materials
  • Topical proceedings pending before state and federal courts and state regulators

Some of our notable real estate industry experience includes:

  • Obtained favorable results for real estate listings websites in connection with regulatory inquiries by state real estate commissions.
  • Obtained favorable result for out of state brokerage making seller referrals to, and receiving referral fees from, in-state brokerages in connection with regulatory action by state real estate commission.
  • Obtained favorable results for companies that share homesellers’ property information with real estate websites in connection with regulatory inquiries by state real estate commissions.
  • Obtained favorable result for broker in connection with demand by Realtor association to change business name and URL
  • Negotiated surrender of client’s real estate brokerage license with state real estate commission – no fines imposed.
  • Negotiated surrender of infringing business name by client’s competing brokerage.
  • Since 2005, generally advise a group of 90+ flat-fee brokers throughout the U.S. on antitrust law, state license laws and regulations, Realtor board and multiple listing service rules, and related litigation
  • Created Real Estate, Real Competition & the Law blog in 2006, nominated the following year as a Finalist for Inman News’ “Most Innovative Blog.”
  • Advised broker in connection with Alaska Real Estate Commission requirement that licensee maintain in-state office
  • Advised listings website on potential insurance coverage for lawsuit filed by multiple listing service
  • Advised listings website in connection with enforcement action by Missouri Real Estate Commission
  • Responded to inquiries from 60 Minutes, Money Magazine, Forbes, Inman News and several hedge funds pertaining to broker commissions, new market entrants, anticompetitive practices, etc.
  • Invited in 2006 by pioneering Texas broker to accompany him when testifying before U.S. House Subcommittee on Housing and Community Opportunity on competition and technology in real estate industry
  • Attended 2005 Federal Trade Commission/Department of Justice workshop on competition policy and the real estate industry
  • Advised interested parties filing public comments in USA v. National Association of Realtors, amicus brief in FTC v. Realcomp
  • Served as Volunteer Counsel to American Real Estate Brokers Alliance, American Homeowners Grassroots Alliance

Contact us to schedule a free initial consultation.