Appellate Court Affirms Consumer Win in Real Estate Brokerage Commission Antitrust Class-Action Lawsuit

ST. LOUIS – The 8th Circuit Court of Appeals today upheld a victory for consumers in an antitrust class-action lawsuit concerning real estate brokerage commissions, according to attorneys at Hagens Berman.

“We are pleased this monumental change to the real estate system has been upheld,” said Steve Berman, managing partner and co-founder of Hagens Berman. “This case shows the power of class actions to return real benefits to everyday people, and to correct systemic harm to consumers.”

The court’s 35-page opinion addressed over a dozen consolidated appeals which sought to undo the nationwide settlement regarding claims that the National Association of Realtors (NAR) conspired with the Big Four real estate broker franchises to artificially inflate commissions associated with home sales. To date, Hagens Berman has achieved settlements in the case totaling $1.049 billion. Millions have filed claims.

The lawsuit was filed March 6, 2019, in the U.S. District Court for the Northern District of Illinois and accused defendants of illegally fixing real estate agent broker commissions.

The circuit court upheld plaintiffs’ arguments and dismissed defendants’ regarding fairness, the court’s authority to approve the settlement’s injunctive relief, class standing and other arguments, calling some of defendants’ actions into question: “In short, the litigation had proceeded for five years before the Doyle intervenors filed their motion, … Doyle had knowledge of the litigation, as the Doyle appellants are NAR members and did not dispute such knowledge… Doyle offered no explanation for the delay; and, finally, reopening the Settlement now would cause significant prejudice given the stage of settlement.”

Find out more about the antitrust class-action lawsuit regarding real estate brokerage commissions.

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About Hagens Berman
Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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