U
S District Court Judge Stephen Bough has given final approval to nine brokerage settlements in the commissions cases, dismissing objections from a few plaintiffs in favor of thousands who have already opted in and submitted claims. In a 59-page document filed on November 4, Bough also dealt a blow to homebuyers in the Batton cases by including them in the nationwide settlements with the defendants.
The brokerage defendants - Compass, Real, Realty ONE Group, Douglas Elliman, @properties, Redfin, Engel & Völkers, HomeSmart, and United Real Estate - will pay over $110 million into a settlement fund that has crossed the $1 billion mark. Bough viewed this settlement as necessary to provide a nationwide recovery for home seller plaintiffs who have conducted extensive discovery into the alleged conspiracy.
Several objectors argued that the defendants should have paid more, but Bough set aside their concerns, noting that the plaintiffs tried to get the largest recovery possible while weighing the risks of further litigation and the defendants' ability to pay. He also dismissed objections from buyers in the Batton cases, saying they were adequately represented by being included in the class.
Bough addressed his previous ruling ordering objectors to personally appear in court, dismissing requests for excusal due to hardship. Eleven objectors who failed to show up had their objections waived, although Bough discussed some of their arguments in his filing. Buyers who fell into the category of both buyers and sellers did have the ability to opt out.
In responding to objections from plaintiffs in related cases, Bough found that they were not different enough to warrant overturning a nationwide settlement. He rejected arguments from objectors in the New York and South Carolina cases, pointing out that the vast majority of class members favored approval. The final settlement hearings for the National Association of Realtors and HomeServices of America are scheduled for November 26.
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