Commissions lawsuits

Barring any surprises, the two largest settlements in the Sitzer/Burnett commissions case — totaling nearly $700 million — will be finalized in just a few days.

Judge Stephen Bough said discovery could continue into whether deals reached by eXp and Weichert with the Hooper plaintiffs constituted a "reverse auction."

A 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.

The franchise went the same route as eXp, agreeing to settle with plaintiffs in the Hooper case even though it was originally named in Gibson.

The combined deals, which total nearly $5 million, are the next step in resolving litigation for the four firms with regional and national footprints.

In a lengthy filing, Judge Bough outlined his reasons for approving nine brokerage settlements last week, which he said got plaintiffs “the best deal possible.”

Defendants seek dismissals in the Missouri case; leading Utah MLS dropped from lawsuit involving flat-fee brokerage; eXp files settlement.

West Penn MLS was also dismissed, with the judge ruling there was no evidence of a conspiracy between the parties to fix rates.

The deal, which is not yet final, came in a Georgia case but covers similar lawsuits over agent compensation.

John L. Scott and Real Estate One are the latest firms to reach a deal in the Gibson/Umpa class-action lawsuit.

Using the “one-third” formula, the plaintiffs’ lawyers are asking for more than $225 million from the two commissions settlements, plus other expenses.

Terms 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.

The commissions cases will be reassigned after Judge Andrea Wood was made aware of a possible conflict of interest.

In a court filing, lawyers called the nearly $37 million request “reasonable” and “appropriate” based on the risk and hours involved.

Preliminary 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.

A court filing indicates that Chicago-based At World Properties is nearing a deal in a lawsuit brought by an Illinois homebuyer.

Settlement 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.

Another group of plaintiffs has filed an appeal in the RE/MAX, KW and Anywhere settlements, while the brokerages offered new arguments for dismissing Batton.

Two 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.

The five defendants in Batton 2 — Compass, eXp, Redfin, Weichert and United — filed a joint motion, arguing that the claims are untimely and lack merit.

The global brokerage reached an agreement with home sellers last week, according to a court filing.

The 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.

Connecticut’s SmartMLS reluctantly decides to join the NAR settlement. Other MLSs and brokerages have until the end of the day to opt in.

Compass, eXp, Redfin, Weichert and United Real Estate among remaining defendants in Batton 2 case; a smaller case moves closer to a settlement.

A 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.

An appeals court ruled that the government could reopen its investigation. NAR says that decision involved “far-reaching and exceptionally important” errors.

In 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.

Despite a last-minute motion to delay the hearing, the proceedings went on as scheduled, ending buyer agent commissions litigation for the three brokerages.

Buy-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.

Anywhere, 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.

The Berkshire Hathaway CEO, along with Vice Chair Greg Abel, spoke about the HomeServices settlement and more during the company's annual shareholder meeting.

The filing comes just days after the company settled similar cases brought by sellers. The firm maintains its practices were “lawful and procompetitive.”

Firms 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.

Get the facts about the major compensation lawsuits and recent settlements — and what they mean for agents, consumers and the future of NAR.

The last defendant standing in the Sitzer/Burnett case reaches a whopping settlement that will protect its 70,000 agents plus brands and franchises.

The 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.

The brokerages are the first to settle following preliminary approval of the NAR agreement by a Missouri judge earlier this week.

A hearing for final approval is scheduled for Nov. 26. The court filing also included information about who is covered in the nationwide class action.

Plaintiffs 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.

Sitzer/Burnett plaintiffs filed preliminary approval docs on Friday, triggering a countdown to opt in to the agreement process outlined by NAR and the courts.

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.

PulteGroup, which potentially has thousands of claims as a seller, raised concerns about “needless and time-consuming” paperwork and lack of transparency.

The brokerage lost its bid to have the verdict tossed out, leaving it with fewer options as the lone defendant in the landmark commissions case.

The ruling leaves open the possibility of consolidation after settlements have concluded. But in the meantime, cases that had been on pause can move forward.

Attorneys 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.

Ruling could lead to further changes in industry practices by allowing the Department of Justice to revisit an antitrust case originally settled in 2020.

The 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.

HomeServices 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.

Plaintiffs ask for more time to respond to the DOJ following NAR’s announcement, which could affect the existing deal in the Nosalek case.

Now 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.

In a call with media, NAR reps sought to dispel confusion and misinformation coming out of the March 15 settlement announcement.

The last defendant in the Sitzer/Burnett commissions case said it anticipated the motion and will respond with its own court filings in April.

During a livestream with nearly 50,000 viewers, eXp leaders discussed NAR’s proposed settlement while agents flooded the chat with reactions.

From buyer agreements to non-MLS places where cooperative compensation can appear, here’s what Keller Williams is telling leaders and agents about the deal.

Court documents outline a payment schedule and a series of rule changes, including the elimination of offers of compensation through the MLS.

As 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.

The settlement, which still requires court approval, adds a new rule prohibiting offers of broker compensation on the MLS.

The Whaley case had been the only major copycat lawsuit to name the company as a defendant.

Hanna 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.

Buffett’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.

Defendants have submitted dozens of responses to a consolidation proposal — and most oppose the move.

The plaintiff, who paid a 2% commission, argues in the filing that “a truly competitive rate for buyers’ agents would in fact be 0%.”

The Batton 1 lawsuit was brought by buyers, not sellers, and will move forward against NAR, Anywhere, RE/MAX and Keller Williams with fewer claims.

A total of 22 defendants are named, including NAR, local and national brokerages, and several associations and MLSs.

NAR and several national and local brokerages are named in the suit — the first copycat commissions case to be filed in the state.

The 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.

The lawsuits, known as Batton 1 and Batton 2, may soon be combined, with both moving forward under Judge Andrea Wood.

The trade association favors a consolidated approach but wants all 19 cases included — and doesn’t think the trial should be held in Missouri.

The latest filing focuses on the Northeastern part of California and takes aim at MetroList MLS as well as multiple associations and brokerages.

The latest case, which focuses on Los Angeles, lists 35 defendants including the largest MLS in the U.S., major brokerages and two dozen associations.

Defendants in the Gibson case — which no longer includes Hanna — were also denied a request for a delay on Wednesday.

The case originally targeted only NAR and state associations; a week and half later, 15 real estate brokerages were added to the list of defendants.

Five additional firms, including Pacific Northwest powerhouse Windermere, join the growing list of defendants named in a Northern California case.

Claim forms will be sent to eligible class members soon, but it's not clear how much money individual sellers will receive.

Cases filed in Arizona and Illinois target At World, Realty One, HomeSmart, Realty Executives and several local firms and Realtor associations.

The 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.

The two firms — the only major brokerage companies yet to settle in the commissions cases — are on track to finalize their agreements this May.

The 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.

Attorneys for NAR have requested a stay in the Gibson case with a filing that seems to signal a shift in strategy.

Lawyers in Missouri are making a case for copycat consolidation, asking that their new lawsuit be pulled together with similar suits from around the country.

Lending changes, outside-the-box compensation options and some amount of agent attrition are likely outcomes, say T3 Sixty executives.

This 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.

Another buyer-broker commissions lawsuit, filed Dec. 8, names NAR, San Francisco-area associations, BAREIS MLS and five national brokerages.

West Penn MLS and multiple brokerage companies are defendants in the latest buyer-broker commission suit filed Monday by home sellers in Western Pennsylvania.

Trying to keep up with all of the recent lawsuits challenging the way agents get paid? Here’s a cheat sheet.

The 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.

The agreements, which cover multiple buyer-broker commissions lawsuits, were deemed “fair, reasonable and adequate” by the judge.

Although the jury reached a verdict in the Sitzer/Burnett lawsuit on Oct. 31, post-trial motions will keep any judgment on hold until spring.

Cases in South Carolina, New York and Chicago pit consumers against NAR, REBNY, Keller Williams and other top real estate companies.

With more trials over commission practices — and potentially hefty damage awards — looming, the settlement agreements could be a selling point.

After 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.

After less than three hours of deliberation, the jury ruled for the plaintiffs in the landmark Sitzer/Burnett trial, awarding nearly $1.8 billion.

The plaintiffs’ attorney presented a dramatic closing argument, while the defense took a more methodical approach, saying the conspiracy claims did not hold up.

During a grinding morning of testimony, CEO Bob Goldberg repeatedly said NAR doesn't weigh in on commissions, while emotions ran high in the afternoon.

A former NAR committee member called traditional compensation practices “the ultimate form of restraint of trade,” claiming that NAR looked the other way.