The ongoing litigation related to how buyer broker compensation is paid in U.S. residential home transactions is not only transforming the U.S. real estate sector but is also significantly impacting the talent mobility industry and how transferee home sales and purchases are handled.
This has caused companies to have to collaborate with their RMC, broker, mortgage & lending, and closing partners, to determine how to educate and support transferees in navigating the evolving landscape, managing compliance with the range of location-by-location requirements and potential updates to policies, benefits, and processes.
Talent Mobility Practitioners Uniting
In the wake of the Sitzer-Burnett decision last fall, WERC brought together stakeholders from across the talent mobility industry and convened a volunteer-led ad hoc group comprised of over 60 industry experts from the broker, corporate, mortgage and lending, relocation management company (RMC), and real estate-related services communities to support the industry. The volunteers within this ad hoc group have been working to determine:
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What is occurring and how is it impacting the movement of talent?
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What are the tools and resources needed within the industry to navigate changes?
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What needs to evolve within talent mobility to address the changing U.S. real estate landscape and its impacts on the transferee experience?
WERC partners closely with various industry-related organizations in support of this effort including the Relocation Directors Council and the Relocation Appraisers & Consultants. In 2024, WERC leaders and members of the ad hoc group have presented at over a dozen forums on this topic, including industry conferences, corporate roundtables, and U.S. regional relocation group events.
Mobility Resources and Tools
WERC, volunteer members of its ad hoc group, and other industry experts have created and released a range of resources and tools to support the industry.
These resources and tools have been developed for educational purposes only. Individuals accessing these resources should not rely upon or construe the information or resource materials as legal or other professional advice and should not act or fail to act based on the information in these materials without seeking the services of a legal, tax, and/or other professional. Talent mobility practitioners should consult with their internal subject matter experts and partner organizations (including, but not limited to, RMCs, broker partners, and/or mortgage partners) to determine specific ramifications for programs as they can vary program by program.
Additional resources are currently under development and will be added to this page as they are finalized and released.
WERC Antitrust Statement
All WERC activities related to the U.S. buyer broker compensation litigation, along with all other WERC member engagement activities, events, and business operations, are conducted in full compliance with all applicable laws, including federal and state antitrust laws of the U.S. and other applicable jurisdictions.
Accordingly, all parties must avoid discussing matters involving price or pricing policy, terms and conditions of sale, the allocation of territories or customers, bid rigging, or any other subjects that would restrain competition or raise antitrust issues.
Penalties for violating the antitrust laws are severe, subjecting corporations to criminal penalties, as well as civil damage judgments and injunctive decrees. Individuals also are subject to criminal prosecution and may be punished by fines or imprisonment for terms of up to 10 years.