Editor’s note: The COURT REPORT is RISMedia’s weekly look at current and upcoming lawsuits, investigations and other legal developments around real estate.
Florida Discount Broker Sues Associations, MLSs for Antitrust Violations
Jorge A. Zea, broker of Snap Flat Fee in Florida, is self-representing in a recent lawsuit he has filed against the National Association of Realtors® (NAR), as well as other local associations and MLSs.
Zea alleges that NAR has violated antitrust laws and participated in steering through its rules. He claimed in his filing that the defendants “coordinated” a “scheme” that targeted his pro-competitive brokerage model—which charges a low listing fee for limited services—restricting consumer choice and maintaining supracompetitive prices.
“While the narrative may be lengthy, given the number of defendants and the multiple rules and actions at issue, the injunctive relief sought is, by contrast, straightforward and indisputable: that defendants comply with, monitor and enforce the same pro-competitive rules they impose on themselves,” the filing stated.
NAR responded to the suit by stating that it “fosters a fair, transparent, and competitive real estate marketplace,” noting that steering is prohibited under the organization’s code of ethics.
Howard Hanna opposes possible second complaint in Davis suit
Hanna Holdings, Inc. (the parent company of Howard Hanna) has filed to oppose plaintiffs’ motion for leave to file a second amended complaint in a homebuyer-side commission lawsuit, dubbed Davis.
The suit was originally filed in May of 2024, with an amended complaint then filed in September.
Plaintiffs filed August 1 for leave in the case in order to file their second amended complaint, which would add “allegations of a horizontal conspiracy, of misrepresentations by Defendant, relating to real estate exemptions under certain state laws, and confirming compliance with certain states’ notice requirements.” The complaint would also limit the class period, and remove allegations regarding NAR’s lockbox policy, claims for injunctive relief, unjust enrichment, and under consumer protection laws of Michigan and Rhode Island.
Hanna has opposed the motion as it did not address issues that had been put on notice by the court.
The first amended complaint had been put on notice according to Hanna, because it “lacked any factual allegations that Hanna Holdings, in particular, (1) made deceptive statements to Plaintiffs, or (2) entered into an agreement with competitors.” Hanna claims in the filing that neither issue has been resolved in the potential second amended complaint.
eXp requests to extend discovery in sexual harassment case
eXp has filed a motion in order to extend the discovery period in the Acevedo sexual harassment lawsuit.
The brokerage claims in the filing that the current Discovery cut-off of October 3 is an “insufficient time for the parties to complete the necessary factual discovery to prepare for a to (sic) complete expert discovery.”
“While the parties have worked together to coordinate and to complete the necessary depositions, there is simply not enough time to complete the deposition schedule, which includes Plaintiffs’ medical providers and third-party witnesses and to complete the production of documents amongst the parties and that or (sic) third-parties,” the filing continues. “The latter is necessary to proceed with certain party depositions.”
eXp has proposed December 1 as a new cut-off date for discovery, and having the current trial date of Feb. 17, 2026 be pushed back to after June 12, 2026 (following the second round of trial filings).