
If you’re curious how legal professional Mike Ketchmark and his team had been capable of win a landmark $1.8 billion class-action lawsuit on value fixing in opposition to the Nationwide Affiliation of Realtors, Keller Williams, and HomeServices of America, you are going to love this podcast episode.
This was actually a David vs. Goliath second that may change the actual property business eternally. Each residence patrons and residential sellers ought to profit from decrease commissions due to this verdict.
As I wrote in my actual property collusion publish, again in 2017, I could not consider I used to be paying a purchaser’s agent 2.5% whereas he was making an attempt to hammer me down on my asking value. The fee incentive construction was misaligned.
However my promoting agent argued we would have a harder time getting patrons if we did not pay their brokers 2.5%. Sounded sketchy to me! However I went with paying an general 4.5% fee charge as a result of my son was born in 2017 and I needed to simplify life.
After the sale, I promised to not promote one other property till fee charges dropped additional. As well as, I ended up shopping for the following three properties by way of twin company. Paying the patrons agent a 2.5% fee left such a foul style in my mouth that I made a decision to mainly symbolize myself and earn the two.5% fee as an alternative.
Mike Ketchmark’s Earlier Instances
I’ve a newfound respect for attorneys who work on a contingency payment. Ketchmark and his staff do not cost a factor except their purchasers win. Are you able to think about engaged on a case for years and spending tens of millions of {dollars} solely to lose? Discuss taking huge dangers for what you consider in!
Previous to the brokerage litigation, Ketchmark was finest recognized for a 2002 case involving pharmacist Robert Courtney. Courtney diluted 98,000 chemotherapy prescriptions for over 4,200 most cancers sufferers within the Kansas Metropolis space. Representing the victims, Ketchmark sued drugmakers Eli Lilly and others. He claimed they had been negligent in not uncovering Courtney’s scheme.
Ketchmark received a $2.2 billion civil judgment in opposition to the businesses. Nevertheless, they in the end settled for simply $72.1 million.
Extra not too long ago, Ketchmark represented a Kansas Metropolis physician who was awarded $26 million in 2021. The physician claimed an ER staffing firm had fired him after he raised issues about affected person security. Particularly, he took problem with having only one physician masking each the common and pediatric ER departments on the hospital the place he labored.
My Dialog With Lawyer Mike Ketchmark
You possibly can subscribe and take heed to the episode on Apple, Spotify, Google or wherever you take heed to podcasts. Or you can even click on the embedded participant and go away a remark on this publish about your ideas.
Share The Episode If You Need To Assist Put Downward Stress On Actual Property Commissions
Should you personal a house and/or rental properties, I encourage you to share this episode with everybody you already know. The extra we will unfold the phrase, the extra strain we’ll placed on the actual property business to correctly align the fee construction.
Should you plan to promote a home, merely ask for a decrease fee charge after this landmark case. If the potential itemizing agent places up a struggle, which they may, have them take heed to my episode with Mike Ketchmark.
Should you plan to purchase a home, ask your patrons agent for a rebate on their fee, particularly should you discovered the place. In the event that they push again on a rebate, make them take heed to this episode! I acquired a rebate in 2005 once I closed on my home buy.
At 28, I did not know higher and let my actual property symbolize me and earn a 2.5% fee once I was the one who discovered the property and negotiated the value. My agent was out of city for a month. I in all probability might have saved no less than $10,000 if I went the twin company route. However no less than I acquired a $3,000 rebate at closing.
Let’s let market forces determine actual property fee pricing.
Lastly, should you loved the episode, I might recognize a evaluation! It takes hours to interview and edit every episode for you. Subscribe so that you by no means miss a brand new episode.
Present Notes On Busting The Actual Property Cartel With Mike Ketchmark
- The NAR made itself a 501(c)(6) not-for-profit corporation to keep away from paying taxes (4:30)
- Steering is a course of the place actual property brokers steer their purchasers away from houses the place commissions aren’t excessive sufficient (13:39)
- The actual property business makes use of scare techniques to get residence sellers to pay the fee payment. Not like shopping for and promoting vehicles, the everyday home-owner would possibly solely promote twice of their lifetimes (15:00)
- Actual property fee takes a large quantity of fairness constructed up by householders (19:00)
- Brokers prepare patrons to say their providers are “free”
- Actual property brokerages and brokers are incomes either side of the transaction
- The NAR and different actual property brokers are afraid patrons can pay patrons brokers what it’s price (22:20)
- Google “your state + housing improvement fee” to see what sort of free cash there’s for first-time homebuyers in your state
- When Mike thinks actual property commissions will start to materially come down (28:10)
- The ability of the 7th Amendment in forming a jury of personal residents to face as much as essentially the most highly effective folks in actual property (37:30)
- The place was the Division of Justice and the Anti-Belief division given this ruling? Did they fail us? (38:40)
- The economics of being a trial lawyer on a contingency payment (41:46)
- First invoice from skilled witnesses for $1.7 million (44:10), you then’re pot dedicated
- The method of the legislation agency really getting paid after a win (46:45)
- Working collectively as a household to maintain one another going (48:57)

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