NOTE: You may also be affected by Class Action Settlements with Anywhere, RE/MAX, and Keller Williams in the case called Burnett et al. v. The National Association of Realtors. For more information on your rights and deadlines, including details on how to file a claim for payment, please visit www.RealEstateCommissionLitigation.com.

If you sold a home, and paid a commission to a real estate broker or agent, then a class action may affect your rights.

What is this Litigation About?

A federal court has certified a class action alleging the existence of an anticompetitive agreement that resulted in home sellers paying inflated commissions to real estate brokers or agents in violation of antitrust law. The case is referred to as “Moehrl v. National Association of Realtors” or “Moehrl,” and it includes people who sold homes in many areas across the United States.

The Notice informs you of your rights related to the ongoing lawsuit. Proposed settlements have been reached with three of the five defendants. Notices of those settlements has been published separately and is also referenced here.

Who is in the Class?

To be a member of the “Litigation Damages Class” in the Moehrl lawsuit you must have (1) sold a home between March 6, 2015, and December 31, 2020; (2) used a real estate agent or broker affiliated with a “Corporate Defendant” to sell the home; (3) paid a commission to your agent or broker; and (4) listed the home for sale on what is referred to as a “Covered Multiple Listing Service” or “Covered MLS” in certain jurisdictions.

The Moehrl Litigation Damages Class is also limited to people who used a real estate broker or agent (or “listing agent”) to help sell their home. And that agent or broker needs to have been affiliated with one of these Corporate Defendants. Below is a list of some of the brands associated with each Defendant.

Three of the Defendants—Anywhere, RE/MAX and Keller Williams (the “Settling Defendants”)—have entered into settlement agreements that would recover $208.5 million and other benefits for members of a nationwide class of home sellers. This “Settlement Class” is broader than the Moehrl Litigation Damages Class; it includes home sellers who are members of the Moehrl Litigation Damages Class, along with many other home sellers, as described in the Notice. A federal court in Missouri has preliminarily approved the settlements, and attorneys are working to provide notice and seek final approval. You may have rights under both the ongoing Moehrl litigation (as a member of the Litigation Damages Class) and the Nationwide Settlements (as a member of the Settlement Class). You may object to or exclude yourself (opt-out) from one or more of the three settlements with Settling Defendants by April 13, 2024. The deadline to file a claim for a payment in the Nationwide Settlements is May 9, 2025. There may be additional settlements. To learn more about the Nationwide Settlements, how to submit a claim, and the rights you would be giving up, go to www.RealEstateCommissionLitigation.com. Further notices of the Nationwide Settlements are being published separately.

The Moehrl lawsuit, which is the subject of the Notice, is proceeding in federal court in Illinois against the remaining Defendants—the National Association of Realtors and HomeServices of America and certain of its subsidiaries (the “Non-Settling Defendants”). Defendants deny the allegations, and the Illinois Court in the Moehrl case has not decided whether Defendants did anything wrong.

There is no money available now in the Moehrl lawsuit against the Non-Settling Defendants, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now: