Here’s an idea: How about we stop suing everybody?
This is a message to the leadership of the real estate industry: We have a huge PR problem, and it’s not because the public doesn’t understand what we do. It’s because the endless stream of lawsuits makes us look divided, distracted and self-interested.
Protecting intellectual property and holding companies accountable are legitimate goals. But at some point, when everyone’s in court, the industry stops looking like professionals serving clients and starts looking like factions fighting for control.
While each case has its own justification, the cumulative effect is damaging. Every time another lawsuit hits the headlines, public confidence dips a little lower. And if history is any guide, industries that let legal infighting dominate eventually pay the price in lost innovation, credibility and relevance.
What the early aviation industry can teach us
In the early 1900s, the pioneers of aviation made the same mistake.
When the first patents for flight-control systems were issued, the inventors behind them spent years in court fighting over who owned the rights to “controlled flight.” What started as a way to protect innovation quickly spiraled into an industrywide gridlock. Manufacturers couldn’t build planes without risking a lawsuit. Investors pulled back. Progress stalled.
When World War I began, the United States lagged far behind Europe in aircraft development. The problem had become so severe that the federal government eventually forced the formation of a cross-licensing agreement so everyone could share essential patents and finally move forward.
The lesson was simple: When innovation gives way to litigation, entire industries suffer.
The real estate industry echoes
Sound familiar?
Right now, the real estate industry is caught in its own version of those patent wars. Brokerages, associations and service providers are tangled in lawsuits over data access, compensation structures, technology rights and brand protection. Instead of focusing on building better systems, improving client experience or rebuilding trust, we’re spending time and money defending positions.
Meanwhile, the public is watching. And they’re drawing conclusions.
To the average consumer, this wave of lawsuits doesn’t look like healthy competition. It looks like chaos.
It reinforces the perception that the industry cares more about preserving its profits than serving its clients. We’re already operating in an environment where public trust is fragile. Every new legal battle chips away at that trust a little more.
What could happen if we don’t course-correct
If this pattern continues, the consequences could be severe.
Legal costs and compliance expenses will keep rising, costs that eventually get passed on to consumers or absorbed by smaller firms that can least afford them. Talented professionals may leave for industries that seem less combative and more focused on innovation. And if enough noise builds, regulators will step in with sweeping reforms that could reshape how our industry operates.
Just as the aviation industry was forced to accept government intervention to break its stalemate, real estate may face similar external pressure. If we don’t act soon, the solutions imposed from outside won’t necessarily reflect what’s best for the people doing the work.
But the biggest cost of all might be credibility.
Once consumers believe the real-estate industry is defined by lawsuits rather than service, we risk losing the very people we’re here to serve. That’s not just bad optics; that’s an existential threat.
A path forward
So how do we fix it?
It starts by remembering who we’re here for. Every organization and company in this industry, from national associations to small local teams, exists to serve someone.
Associations should serve the professionals who rely on them for advocacy and education.
Brokerages should serve their agents and clients.
Agents should serve the buyers and sellers who trust them with life-changing decisions.
When that order flips and profit comes before purpose, the cracks start to show.
The point isn’t to eliminate competition, it’s to make competition healthy again. The industries that thrive in the long term are those that compete to serve customers better, not those that fight to keep others out.
Choose to lift, not litigate
The aviation industry eventually learned that the sky was big enough for everyone. Real estate needs to reach the same realization.
If we continue to define ourselves by courtroom battles and settlement headlines, we’ll slow down the very progress our clients expect us to lead. But if we put collaboration and service back at the center of what we do, we can regain trust, attract new talent and build a stronger, more sustainable future.
We can either keep fighting for control or start working to lift each other and the industry higher.
The choice is ours.
