Commissions lawsuits

The Tennessee-based brokerage tried to convince the court that it should be covered under the NAR settlement, but that request was denied.

Attorneys in the Hooper case defended the deals they reached with the brokerages and accused Gibson lawyers of trying to “line their own pockets.”

Several smaller brokerages and two MLSs named in the Keel and Gibson cases are scheduled for a final hearing on June 24.

The arguments over reverse auction allegations continued this week, with the plaintiffs saying the brokerages shopped around to “settle on the cheap.”

The brokerage denied using a reverse auction strategy to reach its $34 million settlement, arguing that the amount is comparable to what other firms paid.

Court documents lay out the details of the landmark Sitzer/Burnett settlement, including who’s in (covered parties and opt-ins) and sellers who opted out.

The companies were among the remaining entities not covered by NAR’s deal. They quickly agreed to settle, paying more than $10.5 million in combined damages.

Baird & Warner and Real Estate One will add another $3.7 million to the fund, while the MLS PIN case moves forward after an extended pause.

Watch the conversation with NAR’s general counsel as she answers the big, lingering questions about the commissions deal, gives an update on appeals and more.

The judge in the Gibson/Umpa case filed an order laying out “plausible evidence” that the brokerages used a reverse auction strategy to find the best deal.

With all deals now disclosed, the parties have requested preliminary approval, but the eXp and Weichert settlements are still under scrutiny in another court.

Hanna Holdings, eXp and Weichert are among the brokerages yet to resolve litigation in the buyer agent commissions lawsuit.

Multiple filings were submitted last week related to the NAR settlement, eXp deal and a homebuyer case, with several new appeals filed this week.

A last-minute filing by the DOJ and a handful of objections failed to derail the settlements, which cap more than five years of litigation in Sitzer/Burnett.

Industry insiders quickly weighed in on the agency’s Sunday filing, which suggested that the settlement won’t protect NAR from future antitrust action.

The agency takes no position on the settlement’s approval but says it’s not an antitrust shield — and expresses concern over buyer agent agreements.

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.