An update from Charlie Lee, Senior Counsel and Director or Legal Affairs
Sharing an update that various plaintiffs' firms, including Ketchmark, have filed a new copy-cat class-action lawsuit against brokerages and two non-association-owned MLSs in the Western District of Missouri (the same jurisdiction as Sitzer-Burnett) this evening. The complaint challenges offers of compensation and is brought on behalf of sellers.
Of course, due to the settlement, NAR is not a defendant in the case but is named extensively in the complaint.
The complaint does not allege a transaction volume for all defendants. The complaint explicitly alleges that Washington Fine Properties, House of Seven Gables Real Estate, and Signature Premier Properties of Huntington have sales volume of over $2b. We are reviewing the other brokerages that are named.
The named brokerages are:
The named MLSs are:
We are reviewing the complaint in more detail and will share updates. We are sharing this update with the Leadership Team, Executive Committee, Board of Directors, and state and local AEs.
An update from Charlie Lee, Senior Counsel and Director of Legal Affairs
Further to the update we shared last night, we have learned that the parties in the new class action copy-cat lawsuit have reached a settlement agreement. The plaintiffs have filed a motion for preliminary approval of this settlement agreement in the Western District of Missouri.
All the defendants settled for a total of $10,750,000 as set forth below:
1. Side: $5.5 million;
2. Seven Gables: $1 million
3. WFP: $1.3 million
4. JPAR (Cairn Real Estate Holdings / Your Castle Real Estate): $700,000
5. Signature: $850,000
6. First Team: $1,000,000
7. Brooklyn MLS: $95,000
8. CNYIS: $125,000
This proposed settlement follows the same general structure and substance as the prior settlements which have been court approved, such as NAR's settlement.
As a reminder, NAR is not a defendant in the case.
As we did previously, we are sharing this update with the Leadership Team, Executive Committee, Board of Directors, and state and local AEs. We will keep you apprised of any further developments.
What This Means Going Forward
This lawsuit and its subsequent settlement highlight the ongoing legal scrutiny surrounding broker compensation structures and the role of MLSs in real estate transactions. While NAR is not a defendant in this case, the industry should remain aware of the evolving legal landscape and its potential impact. We will continue to monitor developments and provide updates as necessary.
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