EXIT Realty settles in Gibson commissions case 

Settlements in the commissions cases are still trickling in, with the latest deal coming from EXIT Realty.

Attorneys for EXIT and the plaintiffs in the Gibson case announced a settlement agreement via a court filing on April 8. The damages amount was not disclosed, but the plaintiffs are expected to include those details when they submit a motion for preliminary approval at a later date.

Headquartered in Canada, EXIT Realty had more than 22,000 U.S. agents in 2023, according to the Real Estate Almanac.

Who else has settled in Gibson: Nine of the largest brokerage settlements in the case, including deals with Compass, Real, Douglas Elliman and Redfin, were approved in October, with damages totaling $110 million. Another six settlements received preliminary approval in February, and William Raveis announced a deal in March.

And who hasn't: Several key brokerages — including eXp, Weichert Realtors, Howard Hanna and Berkshire Hathaway Energy — have yet to settle, however. 

Both eXp and Weichert reached agreements in a separate lawsuit — the Hooper case in Georgia — leading the Gibson plaintiffs to cry foul and accuse the brokerages of using a "reverse auction" strategy to get a better deal. Although the two firms are still on the hook in Gibson, the Hooper judge recently ruled that the Gibson plaintiffs can't stop the deals from moving forward, although they can file objections at the approval hearings. 

Other defendants in Gibson have been unsuccessful in their attempts to get the case dismissed.

Recusal motions continue: Crye-Leike has joined Howard Hanna and Berkshire Energy in a motion asking the Gibson judge to recuse himself from the case.

Last month, Howard Hanna filed a motion saying Judge Stephen Bough should step away from the case because he failed to disclose that several plaintiff attorneys made political campaign donations to Bough's wife, Andrea Bough, a Kansas City council member. Plaintiffs in the case have argued against the recusal, noting that Howard Hanna's own lawyers donated to the same campaign.

Crye-Leike previously asked the court to stay its case, arguing that it should be covered under the NAR settlement. Judge Bough denied that request on March 11.