Let's check the facts
Let’s examine the facts by comparing the real estate landscape before the class action lawsuit with the actual changes after the verdict and settlement. What if the reality is that very little has changed—and brokerage firms remain firmly in control—because two major tools were never addressed?
Florida Statute 475.278 and its presumption of representation remain intact.
Loopholes in real estate forms continue to shift control to brokerages rather than consumers.
No meaningful disclosure of representation is required, allowing brokerages to provide only limited representation while still positioning themselves on both sides of the transaction.
The combination of transaction broker representation and the existing real estate forms creates a system that overwhelmingly benefits brokerages—not Florida home buyers and sellers. Brokerages (Primary Beneficiaries)
Transaction brokerage is designed to protect the brokerage, not the consumer.
Brokerages benefit because it:
Limits legal liability (no fiduciary duty like loyalty or advocacy)
Allows control of both sides of the transaction
Reduces risk of lawsuits for conflicts of interest
Preserves commission flow regardless of which side “wins”
Keeps consumers dependent while appearing neutral
A transaction broker must be “honest and fair,” but does not owe loyalty, confidentiality of motivation, or advocacy, which are the duties that actually protect clients.
Compounding the issue, approximately 80% of Florida lawmakers are endorsed by the Florida Realtors® PAC. 61 houserepresentatives votes are needed to change the law. 100 out of 120 are endorsed by the the REALTOR® PAC Endorsed. View endorsed lawmakers.
So the real question is this:
Are lawmakers prioritizing industry endorsements over their constituents and the interests of Florida home buyers and sellers?
E-mails sent to
- Florida Lawmakers
- Department of Justice (DOJ)
- News Outlets
- National Association of Realtors (NAR)
- Florida Realtors Orlando
- Florida Regional State Associations
- Consumer Federation of America
are listed here
Commentary
1.04 Florida Real Estate Exposing the Facts
Been Duped: FL Home Buyers & Sellers.
Commentary Latest News Sticky Article: Realtor “Workarounds” & Attorney Fees Called Out in NAR Settlement Objection 4/2025: Homeowners Turning Equity Into Renovations Florida’s Housing Market ....
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2.0 Real estate forms providing clear benefits to brokerages
Being Duped: Buyers and Sellers How agents using forms to benefit themself or brokerages
Commentary Latest News Sticky Article: Realtor “Workarounds” & Attorney Fees Called Out in NAR Settlement Objection 4/2025: Homeowners Turning Equity Into Renovations Florida’s Housing Market ....
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1.1 Email Dated 01 29 2026 To Fl Lawmakers Real Estate Associations
Being Duped: Buyers and Sellers by FL Lawmakers & Real Estate Associations
Subject: Are Florida Realtors® Political Action Committee (PAC) Endorsements to ~ 80% of Florida Law Makers Stalling Consumer Reform to benefit Florida Real Estate Brokerages?To: Florida ....
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1.1 Email Dated 01 13 2026 To Second Follow-Up and Request for Response by January 16, 2026
Being Duped: Buyers and Sellers, Representation & Real Estate Forms
Representative Toby Overdorf, Another week has passed with no response from you regarding the emails referenced below. Simply ignoring these questions is not a solution. ....
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Latest News
Sticky Article:
Realtor “Workarounds” & Attorney Fees Called Out in NAR Settlement Objection
4/2025:
Zillow Is Clashing With Real Estate Brokers Over Exclusivity
Commission Case Judge Won’t Step Down, Questions Howard Hanna’s Claim
New real-estate rules mean searching for homes could be changed forever
Is the Florida Housing Market on the Verge of Collapse or a Crash?
Private listings push opens the door to discrimination
National Association of Realtors hires Uncommon after period of turmoil
New Real Estate Rules in Effect: Will Buyers and Sellers Win Big?
The Ten: NAR ready to reclaim narrative after bumpy year
12/2024:
PAR Slams NAR Intent to Revoke Charter Over ‘MLS Choice’ Issue
RE/MAX RELEASES LAWSUITS SETTLEMENT TERMS, INCLUDING ‘COOPERATION’ WITH PLAINTIFFS
RE/MAX IN $55 MILLION SETTLEMENT AGREEMENT OVER ANTITRUST CHARGES
Anywhere pays $83M to settle landmark commission suits
US Home Brokers Face New Lawsuits After $1.8 Billion Verdict
What The $2 Billion Realtor Lawsuit Means For Homebuyers And Sellers
Real Estate Industry Trembles Over Commissions On Home Sales
NAR SUFFERS FURTHER COURT SETBACKS AS PLAINTIFFS PREVIEW POTENTIAL DAMAGES
Here’s How Much Money You Need To Buy A $400,000 Home With 8% Mortgage Rates
53K Real Estate Deals Canceled Last Month – Most In Nearly A Year – As Borrowing Rates Remain High
These Lawsuits Could Upend The Real Estate Market
COURT UPDATE: JUDGE AGAIN DENIES DEFENDANTS IN BURNETT TRIAL
COURT UPDATE: HOMESERVICES PETITIONS FOR IMMEDIATE JUDGMENT AGAINST PLAINTIFFS
New Homeowners Won’t See A Profit For Over A Decade
Adult Kids Are Moving In With Parents To Save For Homes
High Rents And Mortgage Rates Squeeze Gen Z
These lawsuits could upend the real estate market
REBNY ‘DECOUPLES’ COMMISSIONS AS PART OF FOCUS ON TRANSPARENCY
Why The Housing Market Is Going From Tough To Terrible
‘DISTORTIONS OF THE LAW:’ HOMESERVICES SLAMS BURNETT PLAINTIFFS’ COURTROOM STRATEGY
COURT UPDATE: PLAINTIFFS GRILL 3 OF REAL ESTATE’S MOST POWERFUL PLAYERS
BROKERS DIVIDED OVER AIRBNBS AS INVENTORY ISSUES CONTINUE
RE/MAX RELEASES LAWSUITS SETTLEMENT TERMS, INCLUDING ‘COOPERATION’ WITH PLAINTIFFS
ANYWHERE REVEALS TERMS OF COMMISSION LAWSUIT SETTLEMENT
OPENDOOR PARTNERS WITH EXP AS IBUYERS ADAPT TO SURVIVE
The Lawsuit – Cohen Milstein and co-counsel filed a putative antitrust class action
