BrokeragesCourt refuses to pause eXp case citing 'questionable behavior'Judge Stephen Bough said discovery could continue into whether deals reached by eXp and Weichert with the Hooper plaintiffs constituted a "reverse auction."Dave GallagherNovember 14, 2024
IndustryMore challenges to NAR settlement; headaches for HannaA law professor says the court doesn’t have the authority to force objectors to attend in person, while in Pennsylvania, Howard Hanna’s dismissal is appealed.Dave GallagherNovember 13, 2024
BrokeragesWeichert reaches a deal in Georgia commissions caseThe franchise went the same route as eXp, agreeing to settle with plaintiffs in the Hooper case even though it was originally named in Gibson.Dave GallagherUpdated November 8, 2024
Brokerages4 more brokerages file preliminary settlementsThe combined deals, which total nearly $5 million, are the next step in resolving litigation for the four firms with regional and national footprints.Dave GallagherNovember 5, 2024
IndustryJudge largely dismissive of objections to settlementsIn a lengthy filing, Judge Bough outlined his reasons for approving nine brokerage settlements last week, which he said got plaintiffs “the best deal possible.”Dave GallagherNovember 4, 2024
IndustryCourts this week: Motions filed in Gibson, Homie; eXp updateDefendants seek dismissals in the Missouri case; leading Utah MLS dropped from lawsuit involving flat-fee brokerage; eXp files settlement.Dave GallagherOctober 11, 2024
BrokeragesHoward Hanna dismissed from Pennsylvania commissions caseWest Penn MLS was also dismissed, with the judge ruling there was no evidence of a conspiracy between the parties to fix rates.Dave GallagherOctober 8, 2024
BrokerageseXp paying $34 million to settle commissions caseThe deal, which is not yet final, came in a Georgia case but covers similar lawsuits over agent compensation.Stephanie Reid-SimonsOctober 7, 2024
Brokerages2 more brokerages agree to settle in commissions caseJohn L. Scott and Real Estate One are the latest firms to reach a deal in the Gibson/Umpa class-action lawsuit.Dave GallagherOctober 2, 2024
IndustryAttorneys want nearly a quarter billion of NAR, HSoA damagesUsing the “one-third” formula, the plaintiffs’ lawyers are asking for more than $225 million from the two commissions settlements, plus other expenses.Dave GallagherSeptember 16, 2024
BrokeragesNextHome settles commissions copycat caseTerms of the deal — which still requires a judge’s OK — were not revealed. Meanwhile, the settlement fund for Sitzer, Moehrl and Gibson is nearing $1 billion.Stephanie Reid-SimonsSeptember 11, 2024
IndustryJudge recuses herself from Moehrl, Batton casesThe commissions cases will be reassigned after Judge Andrea Wood was made aware of a possible conflict of interest.Dave GallagherUpdated September 5, 2024
IndustryGibson attorneys seek one-third of the settlement potIn a court filing, lawyers called the nearly $37 million request “reasonable” and “appropriate” based on the risk and hours involved.Dave GallagherAugust 21, 2024
BrokeragesHomeServices' $250 million settlement moves forwardPreliminary approval of the deal was granted on Aug. 8, with a final hearing set for Nov. 26. Plus, Batton 2 plaintiffs respond to motions to dismiss.Dave GallagherAugust 8, 2024
BrokeragesSettlement in the works in buy-side commissions caseA court filing indicates that Chicago-based At World Properties is nearing a deal in a lawsuit brought by an Illinois homebuyer.Dave GallagherAugust 6, 2024
IndustryBrokerage damage amounts revealed; NAR request deniedSettlement details and dates have been set for Compass, Real, Douglas Elliman, Realty One and @properties, but NAR hit a roadblock in its fight with the DOJ.Dave GallagherJuly 12, 2024
BrokeragesNew efforts to derail brokerage settlements, dismiss buy-side caseAnother group of plaintiffs has filed an appeal in the RE/MAX, KW and Anywhere settlements, while the brokerages offered new arguments for dismissing Batton.Dave GallagherJuly 1, 2024
IndustryMore commissions cases paused ahead of November hearingTwo cases involving REBNY as well as the Nosalek case are now on hold, but a Pennsylvania case will move forward — and so will MLS PIN.Dave GallagherJune 28, 2024
BrokeragesBrokerages ask court to dismiss buy-side commissions caseThe five defendants in Batton 2 — Compass, eXp, Redfin, Weichert and United — filed a joint motion, arguing that the claims are untimely and lack merit.Dave GallagherJune 25, 2024
BrokeragesEngel & Völkers settles in commissions caseThe global brokerage reached an agreement with home sellers last week, according to a court filing.Dave GallagherJune 24, 2024
MLS/AssnJudge issues stay in MLS PIN caseThe plaintiffs argued that the proceedings should move forward, but the DOJ wants to delay approval of the deal — and the judge appears to have been swayed.Dave GallagherUpdated June 25, 2024
IndustryOpt-in day is here — who’s in?Connecticut’s SmartMLS reluctantly decides to join the NAR settlement. Other MLSs and brokerages have until the end of the day to opt in.Dave GallagherUpdated June 20, 2024
IndustryDouglas Elliman dismissed from buy-side commission caseCompass, eXp, Redfin, Weichert and United Real Estate among remaining defendants in Batton 2 case; a smaller case moves closer to a settlement.Dave GallagherJune 12, 2024
IndustryHomebuyer files appeal challenging Sitzer/Burnett settlementsA plaintiff involved in the Batton cases filed a brief with the U.S. Court of Appeals on Friday related to the Anywhere, RE/MAX and KW settlements.Dave GallagherMay 31, 2024
IndustryNAR continues its battle to keep DOJ case closedAn appeals court ruled that the government could reopen its investigation. NAR says that decision involved “far-reaching and exceptionally important” errors.Dave GallagherUpdated May 21, 2024
IndustryJudge explains the ‘why’ of rulings on settlements, attorney feesIn a 40-page filing, Judge Bough lays out his reasons for rejecting arguments from the May 9 hearing, and said lawyers can collect a third of settlement funds.Dave GallagherMay 11, 2024
IndustryJudge approves commissions settlements for Anywhere, RE/MAX, KWDespite a last-minute motion to delay the hearing, the proceedings went on as scheduled, ending buyer agent commissions litigation for the three brokerages.Dave GallagherMay 9, 2024
IndustryJudge denies effort to delay commissions settlement hearingBuy-side plaintiffs who claim the Anywhere, RE/MAX and KW deals go too far will still get their chance to make that argument in court May 9.Dave GallagherMay 8, 2024
IndustryHomebuyers try to halt approval of commissions settlementsAnywhere, RE/MAX and KW deals at risk after new documents reveal a plan to include immunity from buy-side lawsuits, plaintiffs in the Batton case allege.Dave GallagherMay 8, 2024
IndustryWarren Buffett: Real estate is ‘fundamental’The Berkshire Hathaway CEO, along with Vice Chair Greg Abel, spoke about the HomeServices settlement and more during the company's annual shareholder meeting.Robert DavisMay 6, 2024
BrokeragesHomeServices faces new buy-side commissions suit in FloridaThe filing comes just days after the company settled similar cases brought by sellers. The firm maintains its practices were “lawful and procompetitive.”Cheryl Reid-SimonsMay 1, 2024
Industry5 brokerage settlements receive preliminary approvalFirms that settled in the Gibson/Umpa case in March and April will have until later this year to finalize the agreements, but more than 20 defendants remain.Dave GallagherApril 30, 2024
IndustryCommissions lawsuits FAQ: Answers to top questionsGet the facts about the major compensation lawsuits and recent settlements — and what they mean for agents, consumers and the future of NAR.Real Estate News StaffUpdated October 22, 2024
BrokeragesHomeServices makes $250 million deal to settle commissions lawsuitsThe last defendant standing in the Sitzer/Burnett case reaches a whopping settlement that will protect its 70,000 agents plus brands and franchises.Dave GallagherApril 26, 2024
IndustryJudge says yes to consolidation of Missouri casesThe court approved an April 19 request filed by the Gibson and Umpa plaintiffs to merge the lawsuits, which were both under the purview of Judge Stephen Bough.Cheryl Reid-SimonsApril 24, 2024
BrokeragesRealty ONE, @properties reach settlements in commission casesThe brokerages are the first to settle following preliminary approval of the NAR agreement by a Missouri judge earlier this week.Dave GallagherApril 24, 2024
IndustryJudge grants preliminary approval of NAR settlementA hearing for final approval is scheduled for Nov. 26. The court filing also included information about who is covered in the nationwide class action.Dave GallagherApril 23, 2024
BrokeragesHome sellers make another bid for consolidation in MissouriPlaintiffs in Umpa and Gibson have asked the court to merge the two lawsuits. The antitrust cases cover similar ground and name several of the same defendants.Dave GallagherApril 22, 2024
IndustryBrokerages, MLSs not covered under NAR deal face 60-day deadlineSitzer/Burnett plaintiffs filed preliminary approval docs on Friday, triggering a countdown to opt in to the agreement process outlined by NAR and the courts.Dave GallagherApril 22, 2024
IndustryWhat’s new and what’s next, post-NAR commissions deal?The Supreme Court passes on a chance to weigh in, objections pile up, and Fannie and Freddie say it’s all right to exclude commissions from seller concessions.Dave GallagherApril 20, 2024
IndustryMajor homebuilder objects to commissions settlement processPulteGroup, which potentially has thousands of claims as a seller, raised concerns about “needless and time-consuming” paperwork and lack of transparency.Dave GallagherApril 16, 2024
BrokeragesSupreme Court to HomeServices: Sitzer/Burnett verdict standsThe brokerage lost its bid to have the verdict tossed out, leaving it with fewer options as the lone defendant in the landmark commissions case.Dave GallagherApril 15, 2024
IndustryJudges rule against merging commissions copycats — for nowThe ruling leaves open the possibility of consolidation after settlements have concluded. But in the meantime, cases that had been on pause can move forward.Dave GallagherApril 12, 2024
IndustrySitzer/Burnett plaintiffs push for steep judgment — plus interestAttorneys argued that the home sellers “should not have to wait indefinitely to defend their verdict on appeal” and provided details about the case’s timeline.Dave GallagherApril 12, 2024
MLS/AssnDOJ can reopen its investigation into NAR, appeals court rulesRuling could lead to further changes in industry practices by allowing the Department of Justice to revisit an antitrust case originally settled in 2020.Dave GallagherUpdated October 21, 2024
BrokeragesHomeServices responds to massive damages requestThe firm argues that existing settlements in Sitzer/Burnett need to be finalized before a judgment can be made — and that won’t be an “uncontroversial” process.Dave GallagherApril 1, 2024
IndustryJudge says Sitzer/Burnett will remain a class actionHomeServices of America’s decertification request was denied, and the case will now shift to other post-verdict motions, including a request for a new trial.Dave GallagherMarch 26, 2024
MLS/AssnCould NAR’s settlement derail MLS PIN agreement?Plaintiffs ask for more time to respond to the DOJ following NAR’s announcement, which could affect the existing deal in the Nosalek case.Dave GallagherMarch 20, 2024
IndustryHomeServices stays the course in commissions lawsuitsNow the lone defendant in at least two cases, the brokerage vows to "aggressively pursue options" to resolve litigation even as it faces billions in damages.Dave GallagherMarch 20, 2024
MLS/AssnNAR seeks to clarify commissions settlement detailsIn a call with media, NAR reps sought to dispel confusion and misinformation coming out of the March 15 settlement announcement. AJ LaTraceUpdated April 12, 2024
IndustryPlaintiffs seek whopping $4.7 billion from HomeServices The last defendant in the Sitzer/Burnett commissions case said it anticipated the motion and will respond with its own court filings in April.Dave GallagherMarch 18, 2024
BrokerageseXp ‘expecting a whole lot of creativity’ in wake of NAR dealDuring a livestream with nearly 50,000 viewers, eXp leaders discussed NAR’s proposed settlement while agents flooded the chat with reactions.AJ LaTraceMarch 18, 2024
Brokerages‘We remain vigilant’ KW says as it unpacks NAR settlementFrom buyer agreements to non-MLS places where cooperative compensation can appear, here’s what Keller Williams is telling leaders and agents about the deal.Stephanie Reid-SimonsMarch 18, 2024
IndustryNAR commissions settlement details revealedCourt documents outline a payment schedule and a series of rule changes, including the elimination of offers of compensation through the MLS.Dave GallagherMarch 15, 2024
IndustryWhat agents need to know about commission rule changesAs a part of its proposed settlement, NAR agreed to significant policy changes that will impact how all agents do business — and how buyer agents get paid.AJ LaTraceMarch 15, 2024
MLS/AssnNAR reaches $418 million deal to settle commissions lawsuitsThe settlement, which still requires court approval, adds a new rule prohibiting offers of broker compensation on the MLS.AJ LaTraceMarch 15, 2024
IndustryOpendoor dropped from Nevada commissions lawsuitThe Whaley case had been the only major copycat lawsuit to name the company as a defendant.Dave GallagherMarch 7, 2024
BrokeragesHoward Hanna dismissed from Illinois commissions suitHanna was removed from Batton 2, marking the second time this year that the family-owned brokerage has been dropped from a buyer-broker compensation case.Dave GallagherMarch 5, 2024
IndustryCommissions case ensnares Warren BuffettBuffett’s Berkshire Hathaway Energy — parent of HomeServices of America — added as a defendant in the Gibson case as filing calls out the billionaire’s actions.Dave GallagherMarch 4, 2024
IndustryWill judges merge commissions copycats into one huge case?Defendants have submitted dozens of responses to a consolidation proposal — and most oppose the move.Dave GallagherMarch 2, 2024
BrokeragesRedfin targeted in new commissions suit blasting buyer agentsThe plaintiff, who paid a 2% commission, argues in the filing that “a truly competitive rate for buyers’ agents would in fact be 0%.”Cheryl Reid-SimonsFebruary 27, 2024
BrokeragesHomeServices of America dismissed from commissions caseThe Batton 1 lawsuit was brought by buyers, not sellers, and will move forward against NAR, Anywhere, RE/MAX and Keller Williams with fewer claims.Dave GallagherFebruary 20, 2024
IndustrySecond commissions lawsuit filed in NevadaA total of 22 defendants are named, including NAR, local and national brokerages, and several associations and MLSs.Cheryl Reid-SimonsFebruary 16, 2024
BrokeragesNew commissions case filed in UtahNAR and several national and local brokerages are named in the suit — the first copycat commissions case to be filed in the state.Dave GallagherFebruary 12, 2024
BrokeragesAnywhere brokerages dropped from Pennsylvania commissions caseThe lawsuit known as Spring Way also has gained new plaintiffs and a new name: Kay. Spring Way LLC, which had used Coldwell Banker, is no longer involved.Cheryl Reid-SimonsJanuary 29, 2024
IndustryJudge likely to merge 2 Illinois commissions casesThe lawsuits, known as Batton 1 and Batton 2, may soon be combined, with both moving forward under Judge Andrea Wood.Dave GallagherJanuary 24, 2024
IndustryCourt should consolidate all commissions cases, argues NARThe trade association favors a consolidated approach but wants all 19 cases included — and doesn’t think the trial should be held in Missouri.Dave GallagherUpdated March 19, 2024
MLS/AssnGolden State is the Lawsuit State as commissions cases pile upThe latest filing focuses on the Northeastern part of California and takes aim at MetroList MLS as well as multiple associations and brokerages.Dave GallagherJanuary 19, 2024
IndustryCalifornia slapped with a second commissions lawsuitThe latest case, which focuses on Los Angeles, lists 35 defendants including the largest MLS in the U.S., major brokerages and two dozen associations.Dave GallagherJanuary 18, 2024
BrokeragesHoward Hanna dropped from national commissions lawsuitDefendants in the Gibson case — which no longer includes Hanna — were also denied a request for a delay on Wednesday.Dave GallagherJanuary 18, 2024
MLS/AssnNevada joins growing list of states hit with compensation lawsuitsThe case originally targeted only NAR and state associations; a week and half later, 15 real estate brokerages were added to the list of defendants.Dave GallagherUpdated January 26, 2024
BrokeragesMore brokerages added to Bay Area commissions lawsuitFive additional firms, including Pacific Northwest powerhouse Windermere, join the growing list of defendants named in a Northern California case.Dave GallagherJanuary 16, 2024
BrokeragesRE/MAX, Anywhere settlement details revealedClaim forms will be sent to eligible class members soon, but it's not clear how much money individual sellers will receive.Dave GallagherUpdated January 18, 2024
IndustryAssociations, brokerages hit with 2 new commissions lawsuitsCases filed in Arizona and Illinois target At World, Realty One, HomeSmart, Realty Executives and several local firms and Realtor associations.Dave GallagherJanuary 10, 2024
BrokeragesNAR, HomeServices, KW ask for new trial in Sitzer/Burnett caseThe defendants seek to overturn the nearly $1.8 billion verdict, arguing in motions filed Jan. 8 that the evidence doesn’t meet the bar for antitrust damages.Dave GallagherUpdated January 18, 2024
BrokeragesAnywhere, RE/MAX settlement approval moves forwardThe two firms — the only major brokerage companies yet to settle in the commissions cases — are on track to finalize their agreements this May.Cheryl Reid-SimonsJanuary 8, 2024
IndustryThe Ten: How commissions lawsuits defined the year, and what’s nextThe Sitzer/Burnett trial put a spotlight on compensation, but it’s far from “case closed” as questions — and lawsuits — about how agents get paid multiply.Dave GallagherDecember 29, 2023
MLS/AssnNAR asks judge to halt nationwide class action lawsuitAttorneys for NAR have requested a stay in the Gibson case with a filing that seems to signal a shift in strategy.Dave GallagherUpdated January 18, 2024
BrokeragesA new commissions lawsuit — and a proposal to herd copycatsLawyers in Missouri are making a case for copycat consolidation, asking that their new lawsuit be pulled together with similar suits from around the country.Dave GallagherDecember 28, 2023
Industry3 ways commissions lawsuits will change the industryLending changes, outside-the-box compensation options and some amount of agent attrition are likely outcomes, say T3 Sixty executives.Dave GallagherDecember 20, 2023
IndustryNew Texas commissions lawsuit names more than 40 defendantsThis is the second lawsuit challenging buyer agent compensation to be filed in the state in just over a month and includes many of the same players.Dave GallagherDecember 15, 2023
IndustryBay Area MLS, national brokerages hit with new commissions suitAnother buyer-broker commissions lawsuit, filed Dec. 8, names NAR, San Francisco-area associations, BAREIS MLS and five national brokerages.Dave GallagherDecember 11, 2023
MLS/AssnNew commissions lawsuit names Pennsylvania MLS, brokeragesWest Penn MLS and multiple brokerage companies are defendants in the latest buyer-broker commission suit filed Monday by home sellers in Western Pennsylvania. Dave GallagherDecember 5, 2023
IndustryA guide to the real estate commissions casesTrying to keep up with all of the recent lawsuits challenging the way agents get paid? Here’s a cheat sheet.Dave GallagherUpdated October 8, 2024
IndustryGeorgia homesellers file their own commissions lawsuitThe case takes aim at NAR and local as well as national brokerages, while calling out the current system as a way to protect ineffective agents.Cheryl Reid-SimonsUpdated December 12, 2023
BrokeragesAnywhere, RE/MAX settlements receive preliminary approvalThe agreements, which cover multiple buyer-broker commissions lawsuits, were deemed “fair, reasonable and adequate” by the judge.Dave GallagherUpdated November 22, 2023
IndustryCommissions case won't be finalized until 2024Although the jury reached a verdict in the Sitzer/Burnett lawsuit on Oct. 31, post-trial motions will keep any judgment on hold until spring.Dave GallagherNovember 15, 2023
IndustryNew lawsuits crop up to challenge agent compensationCases in South Carolina, New York and Chicago pit consumers against NAR, REBNY, Keller Williams and other top real estate companies.Dave GallagherNovember 10, 2023
IndustrySettling ahead of trial a prudent choice for Anywhere, RE/MAXWith more trials over commission practices — and potentially hefty damage awards — looming, the settlement agreements could be a selling point.Dave GallagherOctober 31, 2023
IndustryNew commissions lawsuit filed on the heels of Sitzer/Burnett verdictAfter the jury unanimously found for the plaintiffs in the Missouri case, the lead attorney announced he was filing a nationwide suit naming NAR, 7 brokerages.Dave GallagherOctober 31, 2023
IndustryJury sides with home sellers in commissions trialAfter less than three hours of deliberation, the jury ruled for the plaintiffs in the landmark Sitzer/Burnett trial, awarding nearly $1.8 billion. Dave Gallagher, Austin AlonzoUpdated October 25, 2024
IndustryThe ‘day of accountability has arrived,’ say plaintiffsThe plaintiffs’ attorney presented a dramatic closing argument, while the defense took a more methodical approach, saying the conspiracy claims did not hold up.Dave Gallagher, Austin AlonzoUpdated October 31, 2023
IndustryA day of heated cross-examinations in Sitzer/BurnettDuring a grinding morning of testimony, CEO Bob Goldberg repeatedly said NAR doesn't weigh in on commissions, while emotions ran high in the afternoon.Dave Gallagher, Austin AlonzoOctober 24, 2023
IndustryPlaintiffs zero in on antitrust violations as they wrap their caseA former NAR committee member called traditional compensation practices “the ultimate form of restraint of trade,” claiming that NAR looked the other way.Dave Gallagher, Austin AlonzoUpdated October 23, 2023
IndustryA world of difference in commissions outside US, jurors toldOn Day 5 of the Sitzer/Burnett trial, plaintiffs focused on steering, high fees in the U.S., and how buyer agent pay is handled differently in other countries.Dave Gallagher, Austin AlonzoOctober 20, 2023
IndustryAttorneys spar over evidence of collusion in commissions trialOn Day 4 of the Sitzer/Burnett trial, an expert witness for the plaintiffs said the current commissions system is a "clear case" of collusion and price fixing.Dave Gallagher, Austin AlonzoOctober 19, 2023
IndustryTraining on trial as plaintiffs challenge commission strategiesMaterials painted 6% commissions as the goal, plaintiffs’ attorneys argued, while industry witnesses defended it as just a number, and negotiable.Dave Gallagher, Austin AlonzoOctober 18, 2023
IndustryIndustry leaders take the stage (via video) at Sitzer/BurnettPre-recorded depositions from Bob Goldberg, Gino Blefari and Gary Keller included tense exchanges about buyer-broker commissions.Dave Gallagher, Austin AlonzoOctober 17, 2023
Industry'Conspiracy' front and center as commissions trial kicks offOn day two of the Sitzer/Burnett trial, the plaintiffs presented opening arguments, while the defense said conspiracy claims are "conjecture."Dave Gallagher, Austin AlonzoOctober 17, 2023
IndustryJury selected for landmark Sitzer/Burnett trialLawyers jostled for position and weeded out ineligible jurors, including many who are members of the plaintiff class (Missouri home sellers).Austin AlonzoOctober 16, 2023