Georgia Becomes Ninth State to File Lawsuit Against MV Realty
February 27, 2024
Georgia became the ninth state to sue MV Realty and certain affiliates for filing unfair real estate fee agreements in property records, known as Non-Title Recorded Agreements for Personal Services (NTRAPS).
According to the lawsuit filed by Georgia Attorney General Christopher Carr, the brokerage's “Homeowner Benefit Program” preys upon homeowners, offering small cash gifts in exchange for decades-long contracts for the exclusive rights to sell the property.
ALTA, the AARP and the Southeast Land Title Association (SLTA) applauded Carr for filing the lawsuit.
“The property rights of American homebuyers must be protected,” said Elizabeth Blosser, ALTA’s vice president of government affairs. “A home often is a consumer’s largest investment, and we have to ensure there are no unreasonable restraints on a homebuyer’s future ability to sell or refinance their property due to unwarranted transactional costs.”
AARP Government Affairs Director Samar Jha added, “Attorney General Carr’s actions and the steps taken by the Georgia legislature to pass legislation to prohibit such predatory business practices are a great example of how the judiciary and the legislature can come together to protect homeowners and their rights.”
Other states to sue MV Realty include New Jersey, Florida, Massachusetts, Ohio, Pennsylvania, North Carolina, California and Indiana.
“Congratulations to Attorney General Carr for filing suit against MV Realty, its affiliates and others pursuant to the Georgia Fair Business Practices Act,” said Deborah Bailey, ALTA’s Board Governor and co-chair of SLTA’s Georgia Governmental Affairs Committee. “Consumers deserve protection against predatory business models. Georgia is demonstrating to the country that it is possible to be a top state for conducting business while simultaneously protecting consumers. This filing underscores the importance of companies that are marketing innovative financial products to do so in a responsible manner. Companies doing business in Georgia, like any other state, have a responsibility to protect consumers and to make sure their products are safe, legal and ethical.”
Debra Tyler-Horton, state director of AARP Georgia, added, “AARP is helping older adults steer clear from fraud, scams and other unscrupulous practices that threaten their economic security and savings. Stopping unfair service agreements is an important way to protect what is often someone’s most valuable asset, their home. We thank Attorney General Carr for looking into this predatory business model that targets older adults and financially insecure homeowners.”
In 2023, 16 states passed legislation protecting homeowners from the predatory practice of filing unfair real estate fee agreements in property records, including Alabama, California, Colorado, Florida, Georgia, Idaho, Iowa, Maryland, Maine, Nevada, North Carolina, North Dakota, Ohio, Tennessee and Washington.
Contact ALTA at 202-296-3671 or [email protected].