
By Rick Tobin
In today’s world, there are seemingly monopolies growing in almost every field where a product or service is offered. If so, it’s the consumer who ends up paying more money due to less competition.
Whether it’s one, two, three, five, or 10 companies or corporations controlling the market share for products or services like soda drinks, electric cars, electricity, AI technologies, ice cream, banking, or real estate, the declining number of competition for many of these mega-corporations worth billions or trillions can keep the prices higher than normal for consumers.
As most of us see firsthand on a daily basis, inflation rages onward as the dollar’s purchasing power keeps declining, and the prices paid for products or services skyrockets. Who doesn’t want to pay less money for a product or service instead of seeing corporations create more record profits?
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Increasing Litigation Concerns for Employers and Agents
We’re starting to see more and more lawsuits filed across the nation that are making similar claims about unfair monopoly-like control of various product or service sectors. Additionally, there are anti-steering violation allegations being made that may include the same in-house real estate brokerage ownership of affiliate companies that are also financially benefitting, while consumers are paying higher costs as a result.
For example, this recent lawsuit filed against Rocket Mortgage by the law firm Hagens Berman on behalf of numerous consumers focuses on potential anti-steering and kickback violations with larger lenders, brokerage firms, and their third-party affiliates. One core claim made in this lawsuit was that Rocket was possibly paying referrals to agents for buyer mortgage applicants in exchange for steering them towards Rocket.

Hagens Berman, which also represented home sellers in a class-action lawsuit against the National Association of Realtors that alleged real estate brokerage companies were conspiring to inflate real estate commissions and later settled in 2024 for $418 million, has yet to prove anything in court against Rocket as of this publication date. In a court of law, one is innocent until later proven guilty or the case settles out of court.
There are other lawsuits out there being filed against real estate brokerage firms, insurance offices, and other companies that are making claims that the client’s best interests aren’t being protected because they may be paying much higher mortgage rates and fees that are split amongst the affiliate businesses under the same corporate ownership interests.
If the parent company is named as a defendant in a lawsuit, the odds are quite high that the employed individual real estate agent who worked directly with the unhappy client will be named in the costly lawsuit as well.
Anti-Steering Risks and In-House Affiliates

Anti-steering laws, primarily under the Truth-in-Lending Act (TILA/Regulation Z) and the Dodd-Frank Act, prohibit mortgage originators from steering borrowers towards loans with less favorable terms to gain higher compensation or profits. Brokers are required to present loan options with the lowest interest rate, points, and fees that are the safest for their borrower clients.
If you can visualize someone “steering” in a car, or leading them by a figurative hand, to an affiliate third-party lender owned by their same employing broker, while knowing that the rates and fees are generally higher than nearby independent mortgage brokers, this is an easy way to simplify it.
Let’s take a closer look at Reg Z regulations:
From the Federal Reserve’s website:
Regulation Z: Loan Originator Compensation and Steering
“The Truth in Lending Act
The Truth in Lending Act (TILA) is implemented by the Board’s Regulation Z (12 CFR Part 226). A principal purpose of TILA is to promote the informed use of consumer credit by requiring disclosures about its terms and cost. TILA also includes substantive protections. For example, the act and regulation give consumers the right to cancel certain credit transactions that involve a lien on a consumer’s principal dwelling.

Regulation Z also prohibits specific acts and practices in connection with an extension of credit secured by a consumer’s dwelling.
Prohibitions related to mortgage originator compensation and steering
Regulation Z prohibits certain practices relating to payments made to compensate mortgage brokers and other loan originators. The goal of the amendments is to protect consumers in the mortgage market from unfair practices involving compensation paid to loan originators.
The prohibitions related to mortgage originator compensation and steering apply to closed-end consumer loans secured by a dwelling or real property that includes a dwelling.”
Anti-Discrimination Claims
Now, let’s focus on how potential monopolies and the control of in-house third-party services in sectors like the real estate, insurance, and mortgage fields can drive prices higher for consumers in spite of the potential violation of RESPA, the Fair Housing Act, the Sherman Anti-Trust Act of 1890, and other federal and state regulations.
To simplify for the Fair Housing Act (Federal Fair Housing Act of 1968), it originated as part of the Civil Rights Act (Title VIII). This Act prohibits discrimination in the sale, rental, financing, or housing based on race, color, religion, gender, national origin, familial status, or disability.
As per the Fair Housing Act, the higher charging of rates or fees for real estate commissions, mortgage brokerage fees, insurance, or other third-party affiliate services offered by the same parent umbrella-like corporation can be alleged by some to be discriminatory as well as fraudulent.
As I’ve shared before, I’ve written numerous real estate licensing courses in most states as well as college textbooks for the two largest real estate publishers in the nation as well as for the oldest and best-known real estate school in California.

Lawsuits filed that allege the violation of discrimination can later lead to millions of dollars’ worth of future courtroom judgments. It’s very wise to research any potential state or federal violation risks associated with referring a client to an affiliate business, while profiting at the same time with undisclosed financial gains, in order to minimize your financial and legal risks.
I’ve often asked for many years the following question, “How do so many large real estate brokerage offices own and control affiliate in-house mortgage, escrow (a key description is usually “independent” and “neutral”), insurance, and/or inspection businesses and not potentially violate various anti-monopoly or anti-steering laws?”
RESPA and Kickbacks
It’s unlawful for a licensed real estate, insurance, or mortgage professional to receive profits or referrals from a transaction that aren’t fully disclosed in writing and shared with the client. These hidden “kickbacks” or undisclosed profits can later be used in a lawsuit and also put someone’s professional license at risk for being suspended or revoked.

Here is how the National Association of Realtors describes RESPA:
“What is the Real Estate Settlement Procedures Act (RESPA)?
The Real Estate Settlement Procedures Act (RESPA) provides consumers with improved disclosures of settlement costs and to reduce the costs of closing by the elimination of referral fees and kickbacks.
RESPA was signed into law in December 1974, and became effective on June 20, 1975. The law has gone through a number of changes and amendments since then, all with the intent of informing consumers of their settlement costs and prohibiting kickbacks that can increase the cost of obtaining a mortgage.
RESPA covers loans secured with a mortgage placed on one-to-four family residential properties.”
Monopolies Harm Consumers
The more competition there is from numerous businesses offering similar products or services, the more likely that the prices will be lower and better for consumers.
A monopoly may exist when a single company or corporation has exclusive control over a product or service in a market region with minimal competition, partly due to their actions that make it more challenging for customers to seek out other products or services. If so, this allows the business to charge much higher prices because of the perceived limited access to other product or service choices.

After the passage of the Sherman Anti-Trust Act of 1890, it gave more power to the federal government to bring legal action against trusts or other entities that were declared “in restraint of trade or commerce among the several states, or with foreign nations.” Initially, this law was passed to slow down JP Morgan and John D. Rockefeller’s consolidation of wealth by way of multiple industry monopolies across the nation.
The merging of more and more large brokerage and financial companies across the nation seems to be creating an increasing number of monopolies in these fields. How is this truly fair and in a clients’ best interests to have fewer choices, while paying higher costs?
Duties and Clients’ Best Interests

Licensed real estate professionals owe their clients certain fiduciary duties or legal obligations to act in their clients’ best interests. Many times, these fiduciary duties owned by a real estate agent to their clients can be summarized by the acronym OLDCAR as follows:
Obedience: Carrying out all lawful instructions requested by the client.
Loyalty: Placing the client’s interests above all others, including the agent’s own.
Disclosure: Revealing all known or potential risks such as property defects, outdoor environmental concerns, competing offers, or agent relationships with others.
Confidentiality: Keeping client information, such as financial information or motivation, confidential, even after the relationship ends.
Accounting: Safeguarding and reporting all money or documents entrusted to the agent.
Reasonable Care and Diligence: Acting with skill, care, and diligence in order to protect the client.
If an agent knows that rates and fees charged for in-house mortgages, insurance, or other services are higher than other nearby services offered by independent companies, this seems to not closely follow the “acting in the client’s best interest” mantra or duty owed.
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The Benefits of Smaller Mortgage Companies
Here are some key points where smaller independent mortgage brokers may be the best choice for buyers, sellers, and advising real estate agents:
● Overhead costs are much lower for small mortgage shops. For some larger corporate real estate brokerage firms, they may be faced with hundreds of thousands to millions of dollars’ worth of monthly expenses that they must cover from multiple revenue streams related to all of their third-party affiliates.
● Because the monthly overhead costs are lower for small mortgage shops, many of them can afford to offer the lowest rates and fees to their borrowers.
● Small mortgage shops typically move much quicker than larger retail mortgage lenders and can close loans in two weeks or less.
● Smaller mortgage shops usually have much more experienced mortgage brokers working there with upwards of decades’ worth of experience. Anyone who can survive the ups and downs or the mortgage brokerage world for more than five or 10 years must be doing something right.
● Experienced and independent mortgage brokers are more likely to have purchased real estate themselves and can be much more helpful advising their clients and agents through the closing process.
When in doubt as it relates to your clients, please remember to “disclose, disclose, and disclose” all of your financial interests and potential profits as well as truly act in your clients’ best interests by referring them to your most trusted and affordable mortgage brokers or other third-parties.

Rick Tobin
Rick Tobin has worked in the real estate, financial, investment, and writing fields for the past 30+ years. He’s held eight (8) different real estate, securities, and mortgage brokerage licenses to date and is a graduate of the University of Southern California.
Rick provides creative residential and commercial mortgage solutions for clients across the nation. He’s also written college textbooks and real estate licensing courses in most states for the two largest real estate publishers in the nation; the oldest real estate school in California; and the first online real estate school in California.
Please visit his website at Realloans.com for financing options, join his investment group at So-Cal Real Estate Investors, and follow his new So-Cal Real Estate TV channel for more details.
Rick Tobin
Realloans (Real Estate Loans)
https://realloans.com/
Phone or Text: (760) 485 – 2422
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Here are some of my articles: The Fall of 2025 and Rise of New Opportunities, The Intersection of Declining Home Sales and Creative Marketing, Are Lower Rates on the Horizon?, Weather Extremes, Homes, and Insurance Risks, The California Gold Rush Boom, and Are You Focused on Commercial Real Estate?
Please join my So-Cal Real Estate Investors group that meets at Canyon Lake Golf & Country Club, Shoreline Yacht Club in Long Beach, and online: So-Cal Real Estate Investors.




















































