As litigation between the National Association of REALTORS® (NAR) and major brokerage firms continues across the country, many companies have sided with NAR as a pro-consolidator in recent weeks, with some filing fee-related charges for the first time. We hope to introduce 19 items. File a class action lawsuit in a single district. This remains a top priority for NAR. Still staring at Chicago For host venues.
As RISMedia previously reported, Each lawsuit is based on nearly identical allegations, NAR, local real estate organizations, MLSs, and major brokerages inflated commissions and violated state and federal antitrust laws. The Judicial Panel on Multi-District Legislation (MDL) will make the final decision on whether to consolidate these cases.
Some of the defendants in this case have unique perspectives. But while supporting consolidation, they called for cases to be concentrated in districts of their choice, based on purported efficiency and other factors.
For example, Real Brokerage notes that it “takes no position on the consolidation of the nine cases identified in the Movanz complaint,” but that “if the panel determines that consolidation is warranted, the REAL Defendants will respectfully We submit that this action should be transferred to the United States in the United States District Court for the Northern District of Illinois or the Eastern District of Texas for the reasons set forth in Defendant REALTOR®'s Answer. ”
They declined to comment.
Brokers that have sided with NAR in support of consolidation include @properties, which also declined to comment, Redfin, which referred to its own court filings, and Weichert REALTORS®, which did not respond to requests for comment. I can list it.
In a court filing, @properties pledged to cooperate with NAR's position. “Specifically, for the reasons set forth in NAR's response, the undersigned Defendants support the centralization of related litigation in the Northern District of Illinois. The claims of NAR's response are incorporated herein as if fully set forth herein.”
Two brokerage firms, Keller Williams and HomeServices, oppose the merger.
Chris Kelly, executive vice president of HomeServices of America, said that if these lawsuits are consolidated, HomeServices will seek oral argument before the MDL Committee to discuss its position on consolidation and the multiple jurisdictions other than the plaintiffs' claims. He said he is asking for the best location for the lawsuit. The location is Western Missouri.
“First, Plaintiffs' centralization request seeks to consolidate 214 defendants named in 14 different cases. Importantly, the vast majority (93.9%) of these defendants are in a single jurisdiction. This is something that is only being sued in the district,” Kelly said. “Each defendant faces a unique conspiracy allegation, and the discovery needed to substantiate their individual involvement and alleged influence on the local residential real estate market is significant. Defense costs and burdens may increase.
“Second, certain aspects of common discovery, such as information related to National Association of REALTORS® rules, have already been collected in the Burnett and Moehrl cases,” Kelly continued. These findings can be shared efficiently without consolidation. ”
Keller Williams has previously pushed back against the lawsuit.after what happened recently Settlement agreement reached in Barnett class action lawsuit Executive Chairman Gary Keller said the $70 million deal: “But we also knew that the appeals process could be long and unpredictable.”—And while that process unfolds over time, our franchisees and agents will have no protections and complete uncertainty. Our Keller Williams family needs and should be protected now, not later. ”
A decision by MDL is expected in the coming months. Two commission cases were recently consolidated in the Northern District of Illinois before Judge Wood by unrelated agreement between the parties.
