A judge's chair in their chambers

2019 commissions case now on track for January trial 

The Moehrl suit, like Sitzer/Burnett, was filed 4 years ago and has just one defendant left: HomeServices of America, which hasn't chosen to settle.

March 26, 2024
2 minutes

Even as NAR and several major brokerage companies have reached settlements in buyer agent commission lawsuits, one of the early cases is still moving toward a trial.

The plaintiffs in the Moehrl case, along with HomeServices of America — now the lone defendant — stated in a recent status report that they are available for a trial starting January 21, 2025, in U.S. District Court in Illinois. The trial is expected to take 3-4 weeks, according to court documents filed on March 25.

Which case is Moehrl? This lawsuit was filed back in 2019 and listed the same defendants as the Sitzer/Burnett case. However, Moehrl involves several multiple listing service regions across the country rather than just home sellers in the state of Missouri.

Which defendants are left? HomeServices of America is the only remaining defendant after the National Association of Realtors, Anywhere, RE/MAX and Keller Williams reached nationwide settlements.

As the sole defendant, HomeServices has requested extensions to pre-trial responses on motions for a summary judgment. The company had been working on these responses with NAR before the association announced its March 15 settlement.

In addition to having to go it alone, another complication for HomeServices is the death of one of the company's expert witnesses, Dave Stevens, who unexpectedly passed away in January. 

Nonetheless, HomeServices has agreed to the January trial date.

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