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Illustration by Lanette Behiry/Real Estate News; Shutterstock

Douglas Elliman dismissed from buy-side commission case 

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

June 12, 2024
2 minutes

While the commissions cases brought by home sellers are going through the settlement phase, cases brought by buyers continue to move forward.

Here are the latest updates from the courts.

Douglas Elliman dropped: In the case known as Batton 2, the plaintiffs announced in a June 11 filing they were voluntarily, and without prejudice, dismissing Douglas Elliman from the case.

The case, which is in the Northern District of Illinois with Judge Andrea Wood presiding, was filed in 2023 by homebuyers who say the defendants played a role in keeping commission fees high. It is similar to the Batton 1 case, except that different defendants are named.

With Douglas Elliman dismissed, the remaining defendants in Batton 2 are Compass, eXp, Redfin, Weichert Realtors and United Real Estate Group. Former defendant Howard Hanna Real Estate was dismissed from the lawsuit in March.

Potential settlement? A smaller case also taking place in Illinois appears to be moving toward a possible settlement.

Plaintiff James Tuccori is suing At World Properties, the parent company of @properties Christie's International Real Estate. In a joint status report filed June 4, both parties participated in mediation with retired judge James Holderman.

According to court documents, the meeting was productive, producing a potential framework for a settlement "that will allow them to continue settlement discussions and, if an agreement is finalized, to resolve this matter in its entirety."

If a settlement is reached, it would be the first one involving a homebuyer rather than a home seller.

Correction: An earlier version of this story listed Howard Hanna Real Estate as a defendant in the Batton 2 case. Hanna was dismissed from the lawsuit in March.

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