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$110 million settlement hearing is set for next week, with nine brokerage companies facing scrutiny over their deals. The hearing comes as home sales slow down, but settlement season heats up. On Thursday, Missouri U.S. District Court Judge Stephen Bough will hear final arguments regarding settlements reached by Compass, The Real Brokerage, Realty ONE Group, and others in the Gibson/Umpa commissions case.
The nine defendants have agreed to pay a total of $110 million, with Compass contributing over half at $57.5 million. However, some objectors are pushing for a delay in final approval, citing concerns that monetary damages are too low and may impact lawsuits brought by buyers. Judge Bough has ordered the objectors and their attorneys to be present for the hearing.
Other settlements, including those reached by the National Association of Realtors and HomeServices of America, will have final hearings on November 26. These deals total $668 million. Meanwhile, eXp's $34 million settlement in the Hooper case has come under fire due to allegations that it used a "reverse auction" to secure a favorable deal. Attorneys for the Gibson plaintiffs argue that eXp's financial resources are substantial and that its settlement does not provide adequate value for the class.
The objections highlight ongoing concerns about the fairness of settlements in the wake of the Sitzer/Burnett verdict, which found that NAR and brokerage defendants engaged in anticompetitive practices to keep commissions inflated.
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