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February 25.2025
3 Minutes Read

Gibson Lawsuit: eXp and Weichert Preparing to Depose Over Controversial Deal

Gibson lawsuit eXp Weichert businessperson with briefcase, urban setting

eXp and Weichert Face Unfolding Legal Scrutiny

As the legal storm brews over eXp and Weichert, homeowners and industry stakeholders alike are keenly anticipating the outcomes of the upcoming depositions scheduled for March 5 and 7. The plaintiffs from the Gibson case are preparing to move forward with what feels like a crucial turning point in this commission-related antitrust saga. The heart of the matter lies in accusations of a ‘sweetheart deal’ aimed at undermining fair compensation practices, which have rippled through the real estate landscape.

Understanding the Allegations Against Major Real Estate Players

The accusations against eXp and Weichert are centered around a claim that they entered a 'reverse auction' agreement, whereby they negotiated settlement amounts with certain attorneys that were less favorable than those available to plaintiffs in other cases. Such practices, if proven, could set a dangerous precedent in the real estate industry by discouraging ethical business practices. Both companies are required to present representatives knowledgeable in their settlement dealings during the upcoming depositions, shedding light on their negotiation strategies.

The Broader Impact of the Gibson Case on Real Estate

As the first significant antitrust lawsuit following the landmark Sitzer | Burnett case, which saw a massive jury award to homesellers, the Gibson case heightens the stakes for real estate practices across the country. Home sellers should be particularly concerned as the Gibson suit aims for class-action status on behalf of all who have enlisted agents from these major companies and incurred buyer broker commissions since October 2019. This could open the floodgates for further claims.

Insights from Recent Legal Developments

Recent court filings reveal that both eXp and Weichert were poised to reach settlements in the Gibson case last year but were unable to come to an agreement. Instead, they opted for mediations regarding a $8.5 million and a $34 million settlement in another case, dubbed Hooper. The Robert Bough’s court ruling, allowing for these depositions to occur, suggests a growing scrutiny of industry practices and a keen desire for fairness. The outcome of these depositions may influence not only the companies involved but the entire structure of real estate commissions nationwide.

Community Concerns: What Does This Mean for Homeowners?

For the everyday homeowner, these developments underscore a critical moment in real estate transactions. The clarity surrounding commission agreements could reshape how homes are bought and sold in the years to come. This legal battle isn’t merely a corporate struggle; it reflects broader questions about transparency, equity, and fairness in real estate practices. Homeowners must stay informed about these legal proceedings, as the results could directly affect their financial interests and the way they’re represented in the market.

What's on the Horizon for eXp and Weichert?

As eXp and Weichert prepare for their depositions, both companies have expressed hopes for favorable outcomes regarding their current settlements. The industry is watching closely, as the implications of these cases run deep, fundamentally questioning the ethics and practices that govern real estate. Homeowners and real estate professionals alike are left to ponder: what will be the enduring impact of this unfolding drama on the market as we know it?

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07.01.2025

Zillow's New Listing Policy: What Does It Mean for Compass and Buyers?

Update Zillow Responds to Compass’s Legal Challenge Zillow, the nation’s largest real estate platform, recently responded to Compass's antitrust lawsuit regarding its new policy banning certain private listings from being publicly marketed. In a legal filing, Zillow argued that Compass faces no substantial harm from these changes, asserting that the updates promote transparency and accessibility in the real estate market. Understanding the Policy Changes The core issue at hand revolves around Zillow’s changing rules that require all listings to be submitted to local Multiple Listing Services (MLS) within one business day after any public marketing. This directly impacts Compass’s strategy of using private listings as a first step in marketing homes, which they refer to as “Private Exclusives.” Importance of Transparency in Real Estate Zillow emphasizes the importance of transparency in the real estate market, stating that the new policy supports buyers by ensuring they have access to all available properties. "Zillow provides maximum transparency and has become a trusted resource for millions of users,” the company argued in its filing. By requiring that listings be posted on the MLS, Zillow aims to eliminate gaps in the information available to potential buyers, thereby enhancing their overall home-buying experience. Compass’s Perspective on Exclusivity On the other hand, Compass contends that their Private Exclusives are comparable to ‘office exclusives,’ where sellers opt out of widespread marketing. They believe Zillow’s policies unfairly target their marketing strategies by insisting that such listings be available on public platforms, potentially stifling competition and reducing options for sellers. Potential Effects on Buyers and Sellers Zillow argued in its filing that the changes would actually prevent Compass from erecting barriers that might limit buyers' options. If Compass were allowed to keep its private listings exclusive, it could lead to decreased liquidity in the market, making it harder for buyers to find suitable properties. Moving Forward in the Real Estate Landscape This legal battle brings to light the delicate balance between privacy in listings and the need for market transparency. As real estate continues to evolve with technology, laws, and consumer preferences, both companies will need to navigate these waters carefully. Understanding the implications of these policies is crucial not just for real estate professionals but also for potential buyers and sellers looking to make informed decisions. Stay tuned for updates on this unfolding legal battle that highlights the ongoing changes in the real estate industry and what they mean for all stakeholders involved.

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