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US appeals court upholds big real estate settlement despite class members' objections

The federal appeals court upheld on Wednesday a?settlement of more than $1 billion to resolve antitrust allegations that?real estate brokerages conspired with agents to inflate their commissions. It rejected objections from home buyers and sellers, who claimed that their claims shouldn't have been released.

The 8th U.S. The 8th U.S. Circuit Court of Appeals, St. Louis, said a federal district court judge did not abuse discretion when he found that any 'conflicts of interests between buyers and sellers weren't severe enough to undermine settlements fairness.

Circuit Judge Lavenski Smith wrote in a letter to a panel of three judges that changes made by brokerages regarding how they negotiate, distribute and disclose commissions will benefit "the entire class."

The decision of U.S. district judge Stephen Bough, in Kansas City, Missouri on Wednesday upheld the settlement approved by him for November 2024.

The settlement includes $418 millions from the National Association of Realtors and $250 million?from Berkshire Hathaway HomeServices of America?as well as $333 million for legal fees.

In the settlement, NAR agreed that it would revamp the rules for splitting agent commissions. These rules had been in place for decades and were based on a percentage of 5% to 6 %. These commissions were too high for many buyers and sellers.

The lawyers of some objectors have not responded to our requests for comment.

The NAR stated that it was "pleased" and would continue to work towards "fair, transparent and consumer-friendly real estate markets."

HomeServices CEO Chris Kelly was also pleased with the decision, which provided "additional clarity" for the company, its customers, and agents.

The settlement saved the industry some money after a Missouri juror in October 2023 ordered NAR, HomeServices, and realty Keller Williams?paying $1.78 billion?to home sellers who claimed that they were overcharged.

Brown Harris Stevens and other large?brokerages were permitted to join the settlement if they changed their business practices. More than 2,000,000 class members submitted claims.

Berkshire Hathaway Energy is still fighting a separate class action in front of Judge Bough, alleging that it conspired with HomeServices to inflate its commissions despite the $250m settlement. (Reporting and editing by Aurora Ellis in New York, Jonathan Stempel is based in New York)

(source: Reuters)