The
judge
overseeing
the
Sitzer/Burnett

commission
lawsuit
will
not
issue
a
final
ruling
on
the


HomeServices
of
America
defendants
just
quite
yet.
In
a
filing
on
Monday,
Judge
Stephen
Bough
denied
the
plaintiffs’
motion
for
entry
of
judgement
without
prejudice,
meaning
that
the
plaintiffs
could
file
another
motion
for
entry
of
judgement
in
the
future.

In

their
motion
filed
in
mid-March,
the
plaintiffs
asked
the
court
to
order
HomeServices
to
pay
$4.7
billion
in
damages
this
fall.
The
plaintiffs
arrives
that
this
figure
by
tripling
the
$1.78
billion
in
damages awarded
by
a
jury in
late
October
2023,
which
is
allowed
in
federal
antitrust
suits
and
then
subtracting
the
$626.5
million
in
funds
that
resulted
from
the settlement
agreements reached
by Anywhere, RE/MAX, Keller
Williams and
the National
Association
of
Realtors (NAR).

The
plaintiffs
were
also
seeking
award
of
attorneys’
fees,
other
costs
of
the
suit
and
interest
on
the
damages.
Interest
would
start
accruing
retroactively
on
the
day
after
the
verdict
(Nov.
1,
2023)
at
the
rate
of
5.4%
per
year,
compounded
annually.

“The
jury
found
that
all
Defendants
‘knowingly
and
voluntarily
joined
the
conspiracy,’”
the
plaintiffs
wrote
in
their
motion.
“Defendants
who
are
found
to
conspire
are
jointly
and
severally
liable
for
all
damages
flowing
from
the
conspiracy.”

HomeServices
filed
its

reply
to
the
motion
in
early
April,
asking
Bough
to
deny
the
plaintiffs’
motion.
The
national
brokerage
firm
called
the
plaintiffs’
motion
premature,
noting
that
the
court
has
yet
to
approve
the
four
other settlement
agreements reached
by
the
other
defendants
in
the
lawsuit.
The
firm
also
argued
that
if
these
settlements
are
rejected
or
challenged,
the
math
for
the
final
judgement
amount
would
change,
and
that
it
does
not
expect
the
approve
process
for
the
settlement
agreements
to
be
smooth.

Additionally,
HomeServices
also
noted
that
the
law
requires
the
plaintiffs
to
“demonstrate
a
danger
of
hardship
if
its
request
is
not
granted,” which
HomeServices
says
they
failed
to
do.

Ultimately,
it
was
this
argument
that
won
Judge
Bough
over.

“Plaintiffs
fail
to
argue
that
some
danger
or
hardship
would
exist
if
an
appeal
were
delayed
that
an
immediate
appeal
would
alleviate.
As
the
HomeServices
Defendants
point
out,
‘Plaintiffs
do
not
indicate
that
they
themselves
contemplate
appealing
any
of
the
Court’s
rulings.’
Further,
Plaintiffs
do
not
assert
a
danger
or
hardship
other
than
the
settlement
monies
will
not
be
available
to
Plaintiffs
for
a
few
months
more,”
Bough
wrote.
“Given
that
this
Court
should
seek
to
prevent
piecemeal
appeals
and
any
appeal
related
to
the
settlements
would
relate
to
the
judgment
against
the
HomeServices
Defendants,
the
Court
finds
that
Plaintiffs
have
failed
to
show
that
certification
of
the
judgment
against
the
HomeServices
Defendants
is
warranted
at
this
time.”

In
an
email,
Chris
Kelly,
an
executive
vice
president
at
HomeServices
wrote
that
the
company
is
pleased
by
the
court’s
decision.

“There
are
several
outstanding
issues
yet
to
be
resolved,
including
our

post-trial
motion
for
a
judgment
as
a
matter
of
law
and
our
motion
for
a
new
trial,”
Kelly
added.
“Additionally,
the
court
acknowledged
that
the
pending
settlements
have
not
received
final
approval,
and
objections
to
these
settlements
must
still
be
addressed.
These
factors
significantly
influence
any
final
judgment,
and
it
is
essential
that
they
are
resolved.“

The
settlement
agreements
reached
by
Anywhere,
RE/MAX
and
Keller
Williams
have
a
final
approval
hearing
on

May
9,
2024,
while
NAR’s
settlement
agreement
is
still
awaiting
preliminary
approval.

Related