The Notice has been posted for the benefit of potential members of the Settlement Class. If you are uncertain about whether you are a member of the Settlement Class, you may contact the Settlement Administrator at 888-995-0207.

The Notice has been posted because members of the Settlement Class have a right to know about the proposed settlements of a class action lawsuit in which they are Class Members, and about all of their options, before the Court decides whether to approve the Settlements. If the Court approves the Settlements, and after objections or appeals relating to the Settlements are resolved, the benefits provided by the Settlements will be available to members of the Class.

The Notice explains the lawsuits, the Settlements, your legal rights, what benefits are available, who is eligible for them, and how to get them. A full copy of the Settlement Agreements may be viewed on the Important Documents page. The Notice contains only a summary of the Settlements.

The Court in charge of the Settlements with Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, Homesmart and United Real Estate is the United States District Court for the Western District of Missouri. The case before this Court is known as Gibson et al. v. National Association of Realtors et al., (W.D. Mo. Case No. 23-CV-788-SRB) (“Gibson”). The people who filed this lawsuit are called the Plaintiffs. The people being sued are called the Defendants. Defendants in the Gibson action include large real estate brokerage firms and families of firms, including:

Many Defendants have already settled, and more Defendants may settle in the future. Of these Defendants, the Notice concerns only Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and United Real Estate. Notice of additional Settlements is also available on the All Settlements page.

These Settlements also resolve claims against Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and United Real Estate raised in other lawsuits involving alleged anticompetitive conduct in connection with commissions charged by brokers and agents in residential real estate transactions. Those other lawsuits are discussed further below in response to FAQ 24.

The lawsuits claim that Defendants, including Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and United Real Estate, created and implemented rules that require home sellers to pay commissions to the broker or agent representing the buyer and that caused home sellers to pay total commissions at inflated rates. They also allege that Defendants enforced these rules through anticompetitive and unlawful practices.

The lawsuits claim that these rules are anticompetitive and unfair, and that they violate antitrust laws. You can read Plaintiffs’ complaints on the Important Documents page. Specifically, the lawsuits allege violations of the Sherman Act (a federal antitrust statute found at 15 U.S.C. § 1 et seq.) among other things. The Sherman Act claims apply to home sales that occurred anywhere in the United States during the Eligible Date Range.

Although the Court has authorized Notice to be given of the proposed Settlements, the Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side of the lawsuit.

Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and United Real Estate dispute Plaintiffs’ allegations and deny all liability to Plaintiffs and the Class. On October 31, 2023, a jury found in favor of Plaintiffs against different Defendants in a related action: Burnett et al. v. National Association of Realtors, et al., Case No. 19-CV-00332-SRB (Western District of Missouri) (“Burnett”).

In a class action, one or more people called Class Representatives sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The consumers who sued Defendants—and all the Class Members like them—are called Plaintiffs. The companies they sued are called the Defendants. One Court resolves the issues for everyone in the Class – except for those who choose to exclude themselves from the Class.

Here, the Court decided that this lawsuit can be a class action for settlement purposes because it preliminarily meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that: (1) there are numerous people who fit the Class definition; (2) there are legal questions and facts that are common to each of them; (3) the Plaintiffs’ claims are typical of the claims of the rest of the Class; (4) Plaintiffs, and the lawyers representing the Class, will fairly and adequately represent the Class Members’ interests; (5) the common legal questions and facts are more important than questions that affect only individuals; and (6) this class action will be more efficient than having individual lawsuits.

Although Plaintiffs prevailed at trial against other Defendants in the related Burnett action, the Court has not ruled in favor of the Plaintiffs or Defendants in this Gibson action. Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims and Defendants’ defenses, potential issues at trial and on appeal, and the Defendants’ ability to pay. The parties engaged in arms-length negotiations to reach the Settlements. Plaintiffs and Counsel for the Settlement Class believe that the proposed Settlements are fair, reasonable, and adequate, and in the best interest of the Class.

Both sides agree that by settling, Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and United Real Estate are not admitting any liability or that they did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

To be eligible to receive the benefits of the Settlements, you must have: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service (“MLS”) anywhere in the United States; and (3) paid a commission to any real estate brokerage in connection with the sale of the home. The Eligible Date Ranges can be found below for the Compass, Real Brokerage, Realty ONE, Douglas Elliman, HomeSmart, and United Real Estate Settlements, in FAQ 7 for @properties, Engel & Völkers, and in FAQ 8 for Redfin.

You do not need to have sold a home using a Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, or United Real Estate agent to make a claim.

To be eligible to receive the benefits of the Settlements, you must have: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service (“MLS”) anywhere in the United States; and (3) paid a commission to any real estate brokerage in connection with the sale of the home. The Eligible Date Ranges can be found below for the @properties and Engel & Völkers Settlements, in FAQ 6 for the Compass, Real Brokerage, Realty ONE, Douglas Elliman, HomeSmart, and United Real Estate Settlements, and in FAQ 8 for Redfin.

You do not need to have sold a home using a Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, or United Real Estate agent to make a claim.

To be eligible to receive the benefits of the Settlements, you must have: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service (“MLS”) anywhere in the United States; and (3) paid a commission to any real estate brokerage in connection with the sale of the home. The Eligible Date Ranges can be found below for the Redfin Settlement, in FAQ 6 for Compass, Real Brokerage, Realty ONE, Douglas Elliman, HomeSmart, and United Real Estate Settlements, and in FAQ 7 for @properties, Engel & Völkers.

You do not need to have sold a home using a Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, or United Real Estate agent to make a claim.

You are a part of the Settlement Class if you: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service anywhere in the United States; and (3) paid a commission to a real estate brokerage in connection with the sale of the home.

The terms “multiple listing service” and “MLS” encompass multiple listing services nationwide, regardless of whether they are affiliated with NAR or not, including, for example, NWMLS, WPMLS, and REBNY/RLS.

If you are uncertain as to whether you are a member of the Settlement Class, you may contact the Settlement Administrator at 888-995-0207 to find out.

Note: If you have already submitted a claim form in this case for a prior Settlement with other Defendants through this website, you do not need to submit another claim form. With one claim form, you will receive your share of each Settlement that you are eligible for.

To receive a benefit, a Settlement Class Member must submit a claim form with information pertaining to and/or evidence of your home sale and commissions paid to the Notice and Claims Administrator. The Notice and Claims Administrator will be responsible for reviewing all claim forms and evidence of purchase to determine whether a claim is an approved claim. The Notice and Claims Administrator will reject any claim that is not: (a) submitted timely and in accordance with the directions on the claim form, the provisions of these Settlement Agreements, and the Preliminary Approval Order; (b) fully and truthfully completed by a Settlement Class Member or their representative with all of the information requested in the claim form; and (c) signed by the Settlement Class Member. Claims that cannot be confirmed by the Settlement Administrator may be subject to challenge, nonpayment, or a reduced share of the available funds.

You can submit a claim form online, or by printing the claim form from this website and returning it to the Settlement Administrator via mail or email on or before May 9, 2025.

Gibson et al. v. The National Association of Realtors et al.
c/o JND Legal Administration
PO Box 91479
Seattle, WA 98111

Email: info@RealEstateCommissionLitigation.com

The Plaintiffs will propose a plan of allocation of the proceeds of the settlements to the Court prior to any distribution of settlement funds to claimants. That proposal will be posted to this website and emailed to all individuals who submit a claim with an opportunity to object to the plan of allocation.  The plan will be subject to the approval of the Court.  It is anticipated that the plan will take into account the amount of commissions class member claimants paid to a real estate broker or agent during the relevant statute of limitations periods for the MLS in which the sale was made. To the extent the value of total claims exceeds the amount available for distribution from the settlement funds, each class member's share of the settlement may be reduced on a pro rata basis.

The Court will hold a final Fairness Hearing at 10:30 AM CT on October 31, 2024, in the United States District Court for the Western District of Missouri, 400 E. 9th St., Courtroom 7B, Kansas City, Missouri 64106, to decide whether to finally approve the Settlements. If the Settlements are approved, there may be appeals. Payments to members of the Settlement Class will be made only if the Settlements are approved and after any claims period and appeals are resolved. This may take some time, so please be patient.

Upon the Court’s approval of the proposed Settlements, all members of the Settlement Class who do not exclude themselves (as well as their representatives) will release Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, United Real Estate (and their affiliates, subsidiaries, franchisees, employees, and certain others as specified in the Settlement Agreements).

All members of the Settlement Class who do not exclude themselves will release claims whether known or unknown that they ever had, now have, or hereafter may have and that have accrued as of the date of Class Notice of the Settlements arising from or related to the Released Claims. “Released Claims” means any and all manner of claims regardless of the cause of action arising from or relating to conduct that was alleged or could have been alleged in the Actions based on any or all of the same factual predicates for the claims alleged in the Actions, including but not limited to commissions negotiated, offered, obtained, or paid to brokerages in connection with the sale of any residential home. The release does not extend to any individual claims that a Class Member may have against his or her own broker or agent based on a breach of contract, breach of fiduciary duty, malpractice, negligence or other tort claim, other than a claim that a Class Member paid an excessive commission or home price due to the claims at issue.

This release may affect your rights, and may carry obligations, in the future. To view terms of the release, review the Settlement Agreements on the Important Documents page.

To ask to be excluded, you must execute and send a Request for Exclusion to the Settlement Administrator postmarked on or before October 3, 2024. A Request for Exclusion must be personally signed by each potential Settlement Class Member requesting exclusion. Additionally, a Request for Exclusion must include the potential Settlement Class Member’s present name and address, a clear and unequivocal statement that the potential Settlement Class Member wishes to be excluded from the Settlement Class as to Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and/or United Real Estate, and the signature of the putative Settlement Class Member or, in the case of a potential Settlement Class Member who is deceased or incapacitated only, the signature of the legally authorized representative of the putative Settlement Class Member.

Note: if you did not exclude yourself from previous Settlements, you may still exclude yourself from some or all of these nine Settlements.

If the request is not postmarked on or before October 3, 2024, your exclusion will be invalid, and you will be bound by the terms of the Settlements approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims against Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, United Real Estate or their affiliates as outlined in FAQ 1 above which arise out of or relate in any way to the claims in the case as specified in the release referenced in FAQ 13 above.

You must mail your Exclusion Request to:

Gibson et al. v. The National Association of Realtors et al.
c/o JND Legal Administration – Exclusion Dpt.
PO Box 91486
Seattle, WA 98111

No. Unless you exclude yourself, you give up any right to sue Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, United Real Estate and their affiliates for the claims that the Settlements resolve. If you have a pending lawsuit against Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, United Real Estate, or certain affiliated entities such as MLSs or small brokers, speak to your lawyer in that case immediately. You may have to exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is October 3, 2024.

No. If you exclude yourself as to the Settlements with Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and/or United Real Estate, do not send in a claim form to ask for any money. If you exclude yourself only as to these Defendants, you may still ask for money from the Settlements with other Defendants. If you exclude yourself as to Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and/or United Real Estate, you may sue, continue to sue, or be a part of a different lawsuit against these Defendants.

The Court decided that the law firms Ketchmark and McCreight P.C.; Williams Dirks Dameron LLC; Boulware Law LLC; Hagens Berman Sobal Shapiro LLP; Cohen Milstein Sellers & Toll PLLC; and Susman Godfrey LLP, are qualified to represent you and all other Settlement Class Members. These lawyers are called “Class Counsel.” You will not be charged for these lawyers. They are experienced in handling similar cases against other entities. More information about the law firms, their practices, and their lawyers’ experience is available at: www.KansasCityLawOffice.com, www.WilliamsDirks.com, www.Boulware-Law.com, www.HBSSLaw.com, www.CohenMilstein.com, and www.SusmanGodfrey.com.

Class Counsel represent the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.

Class Counsel will ask the Court for attorneys’ fees, in an amount not to exceed one-third (33.3%) of the Settlement Fund, plus out-of-pocket expenses incurred during the case. The Court may award less. Class Counsel may also seek compensation for each current and/or former Class Representative in the action captioned Gibson v. National Association of Realtors et al., Case No. 23-CV-788-SRB, pending in the Western District of Missouri.

The Class Representatives will make their request for attorneys’ fees, costs, and service awards on or before August 20, 2024, and that request will be published on the Important Documents page.

Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and United Real Estate will pay the fees and expenses that the Court awards from the Settlement Fund. You are not responsible for any fees or expenses that the Court awards.

If you are a Class Member, you can object to these Settlements if you do not like any part of them, including the forthcoming motion for attorneys’ fees, costs and service awards. You can give reasons why you think the Court should not approve them. The Court will consider your view. To object, you must file or send a written objection to the Court, as instructed by the Court, by October 3, 2024, or you will waive your right to object (whether in opposition to the motion for Preliminary Approval, motion for attorneys’ fees, costs and service awards, motion for Final Approval, on appeal, or otherwise) to the Settlements. Be sure to include the case name and number (Gibson et al. v. The National Association of Realtors et al., Case No. 23-cv-788-SRB), your name, address, telephone number, your signature, and the reasons you object to the Settlements.

You must file any objection with the Clerk of the Court at the address below by October 3, 2024:

United States District Court for the Western District of Missouri
400 E. 9th St., Room 7462, Kansas City, Missouri 64106
Gibson et al. v. The National Association of Realtors et al., Case No. 23-cv-788-SRB

You must also send your objection by first class mail, postmarked on or before October 3, 2024, to Class Counsel and Defendants’ Counsel at the following addresses:

Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

Objecting is simply telling the Court that you don’t like something about the Settlements. You can object to a Settlement only if you stay in it. Excluding yourself is telling the Court that you do not want to be part of a Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

There will be a final Fairness Hearing to consider approval of the proposed Settlements, at 10:30 AM CT on October 31, 2024 at the United States District Court for the Western District of Missouri, 400 E. 9th St., Courtroom 7B, Kansas City, Missouri 64106. The hearing may be postponed to a later date without further notice. Any such postponements will be posted on the Court docket and/or Settlement Website Key Dates page. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the Settlements, whether the Settlement Class is adequately represented by the Plaintiffs and Class Counsel, and whether an order and final judgment should be entered approving the proposed Settlements. The Court will also consider Class Counsel’s application for an award of attorneys’ fees and expenses, and any Class Representative service awards.

You will be represented by Class Counsel at the Fairness Hearing unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the Fairness Hearing.

No. Class Counsel will represent the Settlement Class at the Fairness Hearing, but you are welcome to come at your own expense. If you send any objection, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend if you wish.

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Gibson et al.  v. National Association of Realtors et al., Case No. 23-CV-788-SRB.” Be sure to include your name, address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than October 3, 2024, and be sent to the Clerk of the Court, Class Counsel and Counsel for Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, and United Real Estate, at the addresses in FAQ 19. You cannot speak at the hearing if you excluded yourself.

In addition to Gibson, there are numerous other class actions involving similar claims, including:  Burnett et al., v. National Ass'n of Realtors et al., Case No. 19-CV-00332-SRB (W.D. Missouri); Moehrl et al., v. National Ass'n of Realtors et al., Case No. 1:19-cv-01610 (N.D. Illinois); Batton v. NAR, Case No. 1:21-cv-00430 (N.D. Ill.); Batton v. Compass, Case No. 1:23-cv-15618 (N.D. Ill.); Burton v. NAR, Case No. 7:23-cv-05666-JD (D.S.C.); QJ Team, LLC and Five Points Holdings, LLC v. TAR, Case No. 4:23-cv-01013 (E.D. Tx.); March v. REBNY, Case No. 1:23-cv-09995 (S.D.N.Y.); 1925 Hooper LLC v. NAR, Case No. 1:23-cv-05392-SEG (N.D. Ga.); Kay v. West Penn Multi-List, Inc., Case No. 2:23-cv-2061 (W.D. Pa.); Grace v. NAR, Case No. 3:23-cv-06352 (N.D. Cal.); Masiello v. Arizona Association of Realtors, Case No. 2:24-cv-00045 (D. Ariz.); Tuccori v. At World Properties, LLC, Case No. 2:24-cv-00150 (N.D. Ill.); Whaley v. Arizona Association of Realtors, Case No. 2:24-cv-00105 (D. Nev.); Fierro v. National Association of Realtors, Case No. 2:24-cv-00449 (C.D. Cal.); Friedman v. REBNY et al., Case No. 1:23-cv-00405 (S.D.N.Y.); Willsim Latham v. MetroList, Case No. 2:24-cv-00244 (E.D. Cal.); Jensen v. National Ass’n of Realtors et al, Case No. 2:24-cv-00109 (D. Utah); Peiffer v. Latter & Blum Holding, LLC, et al., Case No. 2:24-cv-00557 (E.D. La.); Wang v. National Ass'n of Realtors et al., Case No. 1:24-cv-02371 (S.D.N.Y.); Jutla v. Redfin Corporation, 2:24-cv-00464 (W.D. Wash.); Burton v. Bluefield Realty, Case No. 7:24−cv−01800-JDA (D.S.C.); 1925 Hooper LLC v. Watson Realty Corp., Case No. 3:24-cv-00374 (M.D. Fla.); Wallach v. Silvercreek Realty Group LLC, Case No. 1:24-cv-3356 (N.D. Ill.); Lutz v. Homeservices of America, Inc., et al. 4:24-cv-10040-KMM (S.D. Fla.); Davis v. Hanna Holdings, Inc. 2:24-cv-02374 (E.D. Pa.); among others.

The Settlements may release claims against Compass, Real Brokerage, Realty ONE, @properties, Douglas Elliman, Redfin, Engel & Völkers, HomeSmart, United Real Estate, and related entities and affiliates, asserted on behalf of members of the putative classes in those cases. But the Settlements may not release claims against other unaffiliated Defendants in those cases. If you are a member of a class in any other cases involving similar claims, you may have additional rights to participate in or exclude yourself from ongoing litigation or settlements in those cases.

The Notice is only a summary. For a more detailed statement of the matters involved in the lawsuit or the Settlements, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of Court, United States District Court for the Western District of Missouri, 400 E. 9th St, Kansas City, Missouri 64106: Gibson et al. v. The National Association of Realtors et al., Case No. 23-CV-788-SRB. The full Settlement Agreements and certain pleadings filed in the cases are also available on the Important Documents page, or can be requested from Class Counsel, identified in FAQ 17 above, or from the Settlement Administrator, with the contact information provided in FAQ 10 above.