A federal judge in the Northern District of Georgia has granted final approval to a series of commission-related antitrust settlements involving several real estate brokerages, bringing an end to the cases after a prolonged fight between two groups of plaintiffs and accusations that the companies negotiated “sweetheart” deals.
The dispute stems from a broader clash between plaintiffs in this case and those in the Missouri-based Burnett and Gibson lawsuits, where rival attorneys have competed to secure settlements with the same brokerage defendants—sparking allegations of “reverse auction” deals and inadequate relief for homesellers.
In a 69-page order filed March 31, Judge Mark H. Cohen approved the settlement agreements between a nationwide class of homesellers and four brokerages—eXp World Holdings, Weichert of North America, Mark Spain Real Estate and Atlanta Communities Real Estate Brokerage.
The settling defendants have agreed to pay, collectively, $44.05 million into a settlement fund, with eXp contributing $34 million, Weichert contributing $8.5 million, Atlanta Communities contributing $800,000 and Higher Tech contributing $750,000.
The approval comes after months of controversy over the deal, including sharp criticism from the judge overseeing the Burnett case, who previously questioned whether earlier versions of the eXp and Weichert settlements provided sufficient value to class members.
In a statement to RISMedia, a spokesperson for eXp said they are pleased that the court has granted final approval of their settlement agreement and officially certified the settlement class.
“This milestone represents a significant step forward in resolving these industry-wide legal challenges and providing certainty for our agents, their clients and our shareholders,” they said. “We are grateful for the court’s thorough review of the record and its finding that the settlement is fair, reasonable and adequate.”
The class-action case, known as 1925 Hooper v. National Association of Realtors® (NAR), centers on an alleged conspiracy by NAR and the brokerages to artificially inflate broker compensation at the expense of clients, according to the filing.
The settlement agreements require eXp, Weichert, Atlanta Communities and Higher Tech to make practice changes within three months. The changes include disclosing to prospective clients that commissions are not set by law and are fully negotiable.
The certified class includes all persons who sold a home that was listed on a Multiple Listing Service (MLS) anywhere in the U.S. where a commission was paid to any brokerage in connection with the sale of a home between Oct. 31, 2019 and July 22, 2025.
According to the filing, more than 750,000 individuals have submitted claims, while only two objections have been filed and only 12 individuals requested exclusion from the class.
RISMedia has reached out to Weichert for comment and will update the story to include their response.
