[VIP] A Few Thoughts on Hyland v. HomeServices of America and Its Applicability to the Moehrl v. NAR Lawsuit

Members only. Login or Subscribe.
Recently, I saw someone on Facebook bring up this case, Hyland v. HomeServices of America, Inc., 771 F. 3d 310 - Court of Appeals, 6th Circuit 2014, as pretty much ending the threat from the series of lawsuits filed against NAR, large brokerages and franchises, and a number of MLSs. (If you are a large brokerage or a large MLS and you haven't been sued yet, give it some time -- I'm pretty sure something is coming your way in the not too distant future.)

Given that Hyland is a Court of Appeals case, and one that involved a claim of conspiracy to keep commissions high, that does sound pretty reasonable. So I thought I'd put my legal education to use and actually read the case and think about it some.

Caveat: I am not an antitrust specialist, and I am definitely not YOUR attorney. So none of this is legal advice; this is semi-informed musings of a blogger/consultant. Please consult with your attorney about anything here that might pertain to you.

With that said, my general take is that Hyland might be important, but I seriously doubt that it is dispositive. The plaintiff's lawyers involved in the Moehrl case are too smart, too good, and too well-financed to make that much of a boneheaded mistake. But there are some interesting takeaways from the Hylands case we should look at.
Members only. Login or Subscribe.
Get the latest posts via email