J
udge Stephen R. Bough's 88-page ruling on the Sitzer/Burnett commissions case has shed light on the settlement between the National Association of Realtors (NAR) and HomeServices of America. The judge deemed the $700 million deal "fair" and "hard fought," acknowledging that it was a result of contentious negotiations.
The NAR had initially wanted to appeal, but ultimately agreed to pay $418 million, nearly twice as much as the next-largest settler, HomeServices. In his ruling, Bough noted that the settlements provide for a significant financial recovery to the class and include substantial policy changes, such as removing offers of compensation on the MLS.
Some objectors had argued that the settlement amount was too low, but Judge Bough dismissed this concern, stating that settlements often involve compromise. Plaintiffs' attorney Michael Ketchmark emphasized that his team fought hard for every dollar and extracted as much as possible from the defendants.
The class has nearly 491,000 claims and counting, with the judge directing plaintiffs' lawyers to prepare an allocation plan for review. Bough also clarified that his court retains jurisdiction over any matters related to the settlement's administration and enforcement.
In a separate issue, Judge Bough addressed concerns raised by the Department of Justice (DOJ), stating that if they have further issues, they will need to bring them before his court. The DOJ had sought protection for its ability to investigate and potentially sue NAR in the future.
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