Tennessee home buyers who used Benchmark Realty as their buyer’s broker and paid it a flat “Admin Fee” at closing may be covered by a proposed class action alleging Benchmark Realty charged the fee on top of the commission the seller paid, for no added service. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Benchmark Realty, LLC has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational. It is not legal advice.
What Is This About?
A Tennessee home buyer filed a proposed class action against Benchmark Realty, LLC, a Nashville-based residential real estate brokerage, on November 4, 2026 in the U.S. District Court for the Middle District of Tennessee. The case is Bettencourt v. Benchmark Realty, LLC, No. 3:26-cv-01750, and it is assigned to Judge Aleta A. Trauger.The complaint says Benchmark represented the buyer when he bought a $504,000 home in Smith County, Tennessee, in June 2023. According to the closing disclosure described in the complaint, the seller paid Benchmark a $12,600 buyer-agent commission, 2.5% of the price, while a separate $320 “Real Estate Agent Admin Fee to Benchmark Realty” was charged to the buyer. The complaint calls that fee a junk fee that paid for nothing the commission did not already cover, and alleges it violates the Tennessee Consumer Protection Act. Benchmark had not responded in court as of November 4, 2026.
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What the Complaint Alleges
The complaint makes four main arguments about the fee:- it was charged to the wrong party, because the seller, as is customary, paid Benchmark’s full buyer-broker commission, and Benchmark allegedly made no effort to have the seller pay the fee too;
- it paid for no added service, because the commission covered Benchmark’s brokerage work and a separate settlement agent handled and was paid for the closing, title work and recording;
- on information and belief, it is a flat fee Benchmark adds to every buyer transaction and does not let its agents waive or negotiate; and
- the label “Admin Fee” obscures that the charge is extra pay to the buyer’s own broker, and it was listed among the buyer’s ordinary closing costs rather than next to the commission.
Who Is in the Proposed Class?
The complaint proposes a class of everyone, during the fullest period allowed by law, whom Benchmark represented as buyer’s broker in the purchase of residential property in Tennessee and who paid Benchmark, at closing, a flat-dollar “Admin Fee” or similar fixed fee on top of a commission, in a transaction where Benchmark was also paid by the seller or the seller’s broker. The complaint says the class period is limited to transactions within five years of filing, the outer limit for claims under the Tennessee act. Benchmark, its affiliates and employees, and the judge are excluded. A court would have to certify a class before anyone is formally part of the case.Legal Claims and What the Lawsuit Seeks
The complaint brings one claim under the Tennessee Consumer Protection Act of 1977, alleging the fee misrepresented what buyers were paying for and that they were obligated to pay it. It asks for actual damages in the amount of the fees, up to three times actual damages for a willful or knowing violation, a court order barring Benchmark from charging or mislabeling such a fee or telling buyers it is required, interest and attorneys’ fees, and it demands a jury trial. Those are requests, not amounts anyone has been awarded.The plaintiff is represented by Shamis & Gentile, P.A. The court has given the plaintiff’s Florida-based counsel until November 25, 2026 to associate local counsel admitted in the Middle District of Tennessee.
What Happens Next
Benchmark must be served and respond to the complaint, often with a motion to dismiss. The court has not ruled on whether the fee is lawful or whether a class can be certified. There is nothing to file in the case now.Questions
What is the Benchmark Realty admin fee lawsuit about?
A Tennessee home buyer alleges that Benchmark Realty, his buyer’s broker, charged him a $320 “Real Estate Agent Admin Fee” at his June 2023 closing even though the seller paid Benchmark its full $12,600 buyer-agent commission, and that the fee paid for no additional service. The case is Bettencourt v. Benchmark Realty, LLC, No. 3:26-cv-01750, filed November 4, 2026 in the Middle District of Tennessee. The claims are allegations only.
Who would be in the Benchmark Realty class?
The complaint proposes a class of people Benchmark represented as buyer’s broker in buying a home in Tennessee who paid Benchmark a flat “Admin Fee” or similar fixed fee at closing on top of a commission, in a deal where Benchmark was also paid by the seller or the seller’s broker. The complaint says the class period is limited to transactions within five years of filing. No class has been certified.
What does the Benchmark Realty lawsuit seek?
Under the Tennessee Consumer Protection Act, the plaintiff asks for the return of the fees as actual damages, up to three times actual damages for a willful or knowing violation, an injunction barring the fee and attorneys’ fees. Nothing has been awarded, and there is nothing to claim.
Has Benchmark Realty responded to the admin fee lawsuit?
Not as of November 4, 2026, the day the complaint was filed. Benchmark had not appeared in the case, and the court had not ruled on any of the allegations.
Sources
• Class Action Complaint, Bettencourt v. Benchmark Realty, LLC, No. 3:26-cv-01750 (M.D. Tenn., filed November 4, 2026): complaint on CourtListener.• Docket and court notices, including the local-counsel deadline: CourtListener docket.
