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Addressed to me at the house I bought 2 years ago, I got a notice about Burnett et al. v The National Association of Realtors et al. It says that if I sold a home and paid a commission to a real estate agent, I may be part of class action settlements. I have not sold a home - this was the first home I purchased. However, my wife and I bought this home in a crazy housing market, and to make a competitive offer we agreed to pay $10,000 of the seller's fees. As seller and buyer, we each incurred half of a 5% commission that the brokers got for the sale price.

Given we were not the home seller, but we did pay seller's fees to help cover the realtor commission, can we submit a claim for this class action lawsuit? If all submitted claims will be vetted, it seems like I can submit the claim and let reviewers decide if it applies or not. But I don't want to be accused of fraud by way of submitting a claim despite having never sold a home myself.

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  • This is a very interesting question, but unfortunately runs afoul of our prohibition on specific legal advice. I strongly recommend you ask a lawyer, you should be able to get one to give you an initial consultation for free. Mar 22 at 16:20

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No

According to FAQ 8 here.

You are a part of the Settlement Class if you: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service anywhere in the United States; and (3) paid a commission to a real estate brokerage in connection with the sale of the home.
If you are uncertain as to whether you are a member of the Settlement Class, you may contact the Settlement Administrator at 888-995-0207 to find out.

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