If you’re like us, keeping track of the mounting lawsuits centered on real estate commissions is a dizzying effort. And with brokerages and brands announcing settlements weekly, industry news is breaking at record speed. With expert resources from the Real Estate News, let us do the research for you! The California Listings Legal Ledger is here to help:
A Note On Consolidation:
The U.S. Judicial Panel on Multidistrict Litigation is taking up a motion about consolidating many of these copycat lawsuits into a single mega-case and assigning it to one judge. Filed by Sitzer/Burnett lead attorney Michael Ketchmark, the motion asks for 10 cases to be consolidated into one and held in the U.S. District Court in Missouri. In January 2024, the National Association of Realtors countered with its own motion: Consolidate 19 cases into one. The panel is scheduled to hear oral arguments on March 28.
Sitzer-Burnett
Case: A class-action antitrust lawsuit filed by Missouri home sellers
Status: A jury awarded damages of nearly $1.8 billion. Since it was an antitrust case, the judge could award triple damages totaling well over $5 billion
Plaintiffs: Rhonda Burnett, Jerod Breit, Jeremy Keel, Hollee Ellis and Frances Harvey, representing a class of home sellers in the state of Missouri
Defendants: NAR, RE/MAX, Keller Williams, Anywhere and HomeServices of America.
Settlement Agreements: NAR, RE/MAX, Keller Williams, Anywhere
Gibson
Case: An antitrust case similar to Sitzer/Burnett but with new defendants
Status: Filed by the lead attorney for the Sitzer/Burnett plaintiffs on Oct. 31 in Missouri Plaintiffs: Don Gibson, Lauren Criss and John Meiners.
Defendants: NAR, Compass, eXp, Redfin, Weichert Realtors, United Real Estate, Douglas Elliman, Compass and Berkshire Hathaway Energy
Settlement Agreements: Compass
Umpa
Case: Nationwide class-action lawsuit; request to be consolidated with seven other copycat lawsuits filed in different districts
Status: The plaintiffs have requested class action status to include all home sellers who used any defendant as the listing broker for the sale of a home on a multiple listing service
Plaintiffs: Daniel Umpa, who sold homes in Ohio and Maryland in the past three years
Defendants: NAR, HomeServices of America, Keller Williams, Compass, eXp, Redfin, Weichert Reators, United Real Estate, Howard Hanna, Douglas Elliman, At World, The Real Brokerage, Realty One Group and HomeSmart. Several local realtor associations and MLSs are listed as co-conspirators
Settlement Agreements: Compass
Moehrl
Case: A class-action antitrust lawsuit with MLS regions from across the country
Status: Pending trial date
Plaintiffs: Christopher Moehrl, representing home sellers across several MLS regions
Defendants: NAR, RE/MAX, Anywhere and HomeServices of America. Twenty MLSs are also named as co-conspirators
Settlement Agreements: RE/MAX and Anywhere
Note: In February 2024, the judge dismissed HomeServices of America as a defendant and cut the number of claims
Burton
Case: Seller lawsuit similar to Sitzer/Burnett, but with a smaller pool of defendants
Status: Seeking class-action status
Plaintiffs: Shauntell Burton
Defendants: NAR and Keller Williams
Grace
Case: Class-action buyers suit in California
Status: Class-action status to include home sellers who listed properties on the BAREIS MLS in the past four years
Plaintiff: Christina Grace
Defendants: NAR, Anywhere Real Estate, RE/MAX, Keller Williams, Compass, eXp, the Bay Area Real Estate Information Services, Marin Association of Realtors, North Bay Association of Realtors, Northern Solano County Association of Realtors, Solano Association of Realtors, Windermere Real Estate, Vanguard Properties Inc., Rapisarda & Fox Inc., Twin Oaks Real Estate Inc. and Realty One Group.
Fierro
Case : Sellers in Southern California suing 35 brokerages, MLSs and associations for alleged collusion to keep commission fees inflated
Status: Plaintiffs have requested class-action status to include anyone who used one of the defendants to list and sell a home on an MLS in those counties for the past four years
Plaintiffs: Gael Fierro and Patrick Thurber
Defendants: Brokerage defendants include The Agency, eXp World Holdings and four local eXp firms, Compass, Berkshire Hathaway and its affiliates, First Team Real Estate Orange County, Rodeo Realty and Pinnacle Estate Properties. MLS and association defendants are: NAR, CRMLS, Combined LA/Westside MLS, California Association of Realtors, Greater Los Angeles Realtors, Citrus Valley Association of Realtors, Glendale Association of Realtors, Inglewood Board of Realtors, Montebello District Association of Realtors, Palos Verdes Peninsula Association of Realtors, Pasadena-Foothills Association of Realtors, Rancho Southeast Realtors, South Bay Association of Realtors, Southland Regional Association of Realtors, Tri-Counties Association of Realtors, West San Gabriel Valley Realtors, Malibu Association of Realtors, Southwest Los Angeles Association of Realtors, Madera Association of Realtors, Fresno Board of Realtors, Merced County Association of Realtors and Mariposa County Board of Realtors.
Latham
Case overview: A Sacramento-based LLC suing 19 real estate entities
Status: Plaintiff has requested class-action status to include anyone who used one of the defendants to list and sell a home on MetroList over the past four years
Plaintiff: Willsim Latham LLC
Defendants: MetroList Services, Sacramento Association of Realtors, Placer County Association of Realtors, El Dorado County Association of Realtors, Lodi Association of Realtors, Yolo County Association of Realtors, Central Valley Association of Realtors, Amador County Association of Realtors, Nevada County Association of Realtors, Sutter-Yuba Association of Realtors, RE/MAX, Anywhere Real Estate, Keller Williams Realty, eXp, Norcal Gold, Century 21 Select Real Estate, William L. Lyon & Associates, Paul M. Zagaris Inc. and Guide Real Estate Inc. NAR is listed as a co-conspirator.
Nosalek
Case: A buyer-broker commission case brought by home sellers in Massachusetts
Status: No trial or mediation date has been set
Plaintiffs: Jennifer Nosalek is the leading class representative for home sellers
Defendants: Keller Williams, Anywhere, RE/MAX and HomeServices of America
Settlements: Anywhere, RE/MAX
Parker
Case: A buyer agent commission lawsuit based in Florida.
Status: Plaintiffs have requested class-action status to include home sellers who listed properties on a Florida MLS in the past four years
Plaintiffs: Parker Holding Group
Defendants: The Florida Association of Realtors and 16 of the largest real estate brokerages in the state, including United Realty Group, Florida Realty of Miami and The Keyes Company
Leeder/Batton I
Case: Buyers are the plaintiffs who are alleging a conspiracy to keep commissions inflated
Status: The case was dismissed in May 2022, but an amended complaint was subsequently filed
Plaintiffs: Originally filed by Judah Leeder, the current class representative leader is Mya Batton.
Defendants: NAR, Keller Williams, RE/MAX and Anywhere Real Estate.
Batton II
Case: Buyers are the plaintiffs who are alleging a conspiracy to keep commissions inflated
Status: In January, an unopposed motion was made by the plaintiffs to transfer this case to the judge handling Batton I
Plaintiffs: Mya Batton, Aaron Bolton, Michael Brace, Do Yeon Irene Kim, Anna James, James Mullis and Theodore Bisbicos.
Defendants: Compass, eXp, Redfin, Weichert Realtors, United Real Estate and Douglas Elliman Inc.
Note: Howard Hanna was dismissed as a defendant in March 2024
March
Case: New York sellers antitrust case
Status: Request for class action status and a jury trial
Plaintiffs: Monty March “and all others similarly situated,” according to the court filing
Defendants: REBNY, Christie’s International Real Estate, Coldwell Banker, Sotheby’s International Realty, Douglas Elliman, RE/MAX, Keller Williams NYC, Compass, SERHANT and others
Jensen
Case: Utah home seller
Status: The class action case was filed to include any person who paid a buyer agent commission and used one of the defendants to sell a house over the past four years through the Wasatch Front MLS, Washington County MLS, Iron County MLS or Summit County MLS
Plaintiff: Dalton Jensen
Defendants: NAR, Anywhere Real Estate, HomeServices of America and affiliated companies HSF Affiliates and BHH Affiliates, RE/MAX, Keller Williams, Keller Williams of Salt Lake, KW St. George, KW Westfield, Equity Real Estate, Century 21 Everest, Realtypath LLC and Windermere Real Estate.
Boykin
Case: A second Nevada seller case
Plaintiff: Andrea Boykin
Defendants: NAR, The Agency, Chase International Inc., Dickson Realty, Compass, eXp World Holdings, The Real Estate Guy, BHH Affiliates, Douglas Elliman, Homesmart International, Huntington & Ellis, Realty One, Redfin, Urban Nest Realty, Nevada Realtors, Greater Las Vegas Association of Realtors, Northern Nevada Regional MLS, Mesquite Real Estate Association
Freedlund
Case: SoCal buyers suit
Status: Proposed as a class-action on behalf of all California sellers who paid a buyer’s commission to or through a Redfin agent from Oct. 2, 2019-October 2, 2023.
Plaintiff: Andrea Freedlund
Defendants: Redfin, NAR and California Association of Realtors
Phillips
Case: Georgia home sellers
Status: Seeking class action status
Plaintiffs: Janet Phillips, Joseph Hunt, Edith Hunt, Penny Scheetz, Benjamin Aune and Parkwood Living LLC, 1925 Hooper LLC, Robert Arko and Andrew Moore
Defendants: 40 named defendants including NAR, several local firms, HomeServices of America, Keller Williams, RE/MAX, Compass, Anywhere, Coldwell Banker, Century 21, Engel & Vӧlkers, Christie’s International Real Estate, Redfin, eXp, ERA and Sotheby’s International Realty
QJ Team
Case: Texas suit was brought by a home builder and a holding company
Status: Seeking class action status for Texas home sellers who sold a home in the past four years
Plaintiffs: QJ Team LLC and Five Points Holding
Defendants: Texas Association of Realtors, MetroTex Association of Realtors, Houston Association of Realtors, Austin Board of Realtors, San Antonio Board of Realtors, 20-plus Texas teams or brokerages, and individual broker Mark Anthony Dimas.
Martin
Case: Second buyer commission case in Texas
Status: The plaintiffs have requested class action status to include all home sellers who used any defendant as the listing broker for the sale of a home on a multiple listing service and paid a commission to the buyer’s broker over the past four years
Plaintiffs: Julie Martin, Mark Adams and Adelaida Matta
Defendants: More than 40, including the Texas Association of Realtors, Austin Board of Realtors, San Antonio Board of Realtors, Keller Williams and HomeServices of America. NAR, Anywhere Real Estate and RE/MAX are named as co-conspirators.
Note: Keller Williams is excluded as they are part of the Moehrl case, which covers home sales in 2019-2020. However, the new filing would apply to sales brokered by KW in Texas that occurred the last two years.
Masiello
Case: Arizona seller suing nearly 20 local associations and brokerage companies
Status: Plaintiff has requested class action status to include anyone who used one of the defendants to list and sell a home on an Arizona MLS over the past four years.
Plaintiff: Joseph Masiello
Defendants: Arizona Association of Realtors, Phoenix Association of Realtors, Scottsdale Area Association of Realtors, West and Southeast Realtors of the Valley, Tucson Association of Realtors, My Home Group, HomeSmart, Realty One Group Arizona, Realty Executives, Christie’s International Real Estate, West USA Realty, Hague Partners Holdings, Arizona Best Real Estate, North & Co., Silverleaf Realty, The Brokery, Long Realty, Tierra Antigua Realty
Whaley
Case: Seller in the Las Vegas area
Status: Plaintiff has requested class action status to include anyone who used one of the defendants to list and sell a home on a Nevada MLS over the past six years.
An amended complaint filed on Jan. 25 named an additional 15 defendants, all brokerage firms doing business in Nevada.
Plaintiff: Nathaniel Whaley
Defendants: NAR, Las Vegas Realtors, Nevada Realtors, Sierra Nevada Realtors, Incline Village Realtors, Elko County Realtors, Mesquite Real Estate Association, the Northern Nevada Regional MLS, Jason Mitchell Group, eXp, Berkshire Hathaway HomeServices Nevada Properties, Simply Vegas, Urban Nest Realty, Luxury Homes of Las Vegas, Huntington and Ellis, Keller Williams Southern Nevada, Keller Williams VIP, Keller Williams Realty Las Vegas, Keller Williams Realty The Marketplace, Engel & Völkers Lake Tahoe, Douglas Elliman of Nevada, and Redfin.
Note: Opendoor was dismissed as a defendant in March 2024
Maslanka
Case: This lawsuit differs slightly from the other copycat cases in that it includes both buyers and sellers and was filed in circuit court
Status: Class-action covering both buyers and sellers in the state of Illinois
Plaintiffs: Mary Maslanka and David Freifeld.
Defendant: Baird & Warner
Friedman
Case: A “horizontal antitrust conspiracy among major residential real estate firms not to compete over broker commissions in Brooklyn’s most expensive neighborhoods”
Status: On Jan. 18, plaintiff Robert Friedman filed a document voluntarily dismissing the case
Plaintiff: Robert Friedman
Defendants: Real Estate Board of New York, Douglas Elliman, Christie’s International Real Estate, The Corcoran Group, Sotheby’s International Realty Affiliates, Brown Harris Stevens, Serhant, Compass, Nest Seekers, The Agency, Elegran, Engel & Volkers New York Real Estate, R New York, Anywhere Real Estate, Terra Holdings, and Leslie J. Garfield & Co.
