A class-action lawsuit is focusing fresh attention on a long-festering issue in real estate: the alleged steering of home buyers to affiliated title, settlement and mortgage companies by large realty brokers, sometimes costing consumers hundreds of dollars compared with fees and services offered by nonaffiliated competitors.Two buyers in Minnesota filed suit Feb. 21 against Coldwell Banker Burnet Realty Inc., one of the largest realty firms in the state, charging that it breached its fiduciary duties under state law when it steered the buyers to its own title and settlement affiliate, Burnet Title, despite knowing that the affiliate's fees are significantly higher than those of nonaffiliated firms.
A spokeswoman for Coldwell Banker Burnet said the company had no comment on the allegations and does not discuss pending litigation.
The class action, filed by Kenneth and Dylet Grady in state district court, potentially has national significance because many large real estate brokerage firms have financial relationships with one or more affiliates in the title, settlement and mortgage businesses. Properly structured, these affiliate relationships comply with federal anti-steering and anti-kickback rules, and have withstood numerous legal challenges.