realestate

eXp Realty and Weichert face growing scrutiny over settlement practices

Judge finds "plausible evidence" of reverse auction strategy in Gibson/Umpa case.

A
recent court order has shed new light on the settlements reached by eXp and Weichert in the Hooper commissions case. Judge Bough's January 17 filing suggests that both brokerages may have employed a reverse auction strategy to secure better deals. The judge included a timeline of events, which raises questions about the legitimacy of these settlements.

    Key points:

    * Judge Bough's order addresses eXp's and Weichert's settlements in the Hooper case.

    * The judge previously called eXp's settlement "questionable" and noted that Weichert may have reached its settlement under unclear circumstances.

    * A private review indicates some evidence supporting reverse auction claims, prompting both companies to turn over more documents.

    The settlements in question are part of the Hooper commissions case in Georgia. eXp announced a $34 million settlement in October, while Weichert agreed to pay $8.5 million in November. Attorneys in the Gibson case protested these deals, calling them "improper sweetheart deals."

    In his January 17 order, Judge Bough laid out timelines and actions that suggest both brokerages may have employed a reverse auction strategy. eXp acknowledged trying to reach a settlement with the Gibson plaintiffs in April but was unsuccessful. The mediator sought a resolution in the $40 million range, while the Gibson plaintiffs were looking for a settlement in the $60 million to $90 million range.

    eXp began negotiations with the Hooper plaintiffs in May and reached a $34 million settlement agreement by October. Weichert quickly made other arrangements after being presented with a $13 million settlement offer from the Gibson plaintiffs on October 1, 2024. Four business days later, Weichert's counsel began negotiating with the Hooper case plaintiffs, resulting in an $8.5 million agreement by November 5.

    The implications of these findings are unclear, but they may affect approval of the two settlements.

eXp Realty and Weichert executives under scrutiny for real estate settlement practices nationwide.