T
he Real Brokerage and Realty ONE Group have been hit with a new lawsuit, this time from buyers claiming they overpaid for homes due to inflated commissions. The complaint, filed by Kevin Cwynar on June 28, alleges that the brokerages engaged in anticompetitive practices, driving up costs for consumers. This case echoes the landmark Sitzer/Burnett case, which led to a settlement and changed how agents are compensated after a $1.8 billion jury award in 2023.

    The new lawsuit claims buyers paid inflated home prices because commissions were baked into listing prices without their knowledge or ability to negotiate. It's filed in the Northern District of Illinois, where another buy-side commissions lawsuit is still unfolding. The National Association of Realtors is also based in Chicago and has been a target of similar lawsuits.

    Defendants include national players like The Real Brokerage and Realty ONE Group, which settled in a previous lawsuit for $9.25 million and $5 million respectively, as well as regional players like Vanguard Properties and Kempa & Associates. The plaintiff, Kevin Cwynar, bought a house in Algonquin, Illinois in 2020 through Realtors affiliated with NAR member brokerages.