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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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12.24.2025

How to Build Retention Systems That Foster Agent Loyalty

Update Retention: The Unsung Hero of Real Estate Success In the fiercely competitive world of real estate, retaining top agents has become as crucial as recruiting new talent. Emily Brooks, a passionate advocate for community-driven real estate, emphasizes that retention isn’t merely about preventing agents from leaving; it’s about crafting an environment so enriching that agents choose to stay. The Cost of Turnover According to insights from Inman Connect, many brokerages have learned the hard way that a revolving door of agents can be a financial drain. As coach Verl Workman articulates, a recruitment strategy devoid of an effective retention plan often results in wasted resources. The numbers speak volumes: a staggering 56% of agents have considered leaving their current brokerage, either due to unmet promises or a lack of support and leadership after they sign on. The reality is that agents often leave not for higher splits or appealing marketing material, but because their needs for coaching, mentorship, and recognition fade away once the contract is signed. A Culture of Support Over Splits The real secret to retaining agents lies in fostering a supportive culture. As highlighted in Jessica Souza’s piece, “5 Top Tips For Retaining Real Estate Agents In 2025,” brokers must focus on building relationships over merely dangling lucrative commissions. Establishing a culture that feels like family rather than a transactional relationship is vital. This can be achieved through weekly attentive check-ins, team-building activities like potlucks and brainstorming sessions, and creating an inclusive atmosphere where every agent feels seen and appreciated. Growth Drives Engagement and Loyalty Agents typically desire growth—both personally and professionally. They want to see progress in their income and career trajectory. Workman’s strategies emphasize creating systems that focus on agents’ successes and development. Regular public recognition of achievements fosters a sense of belonging and motivates agents to strive for more. An independent brokerage shared an inspiring success story: they linked their retention strategies to development sessions and collaborative masterminds, which not only led to increased productivity but also cultivated a united team mentality. Suddenly, agents weren’t just colleagues; they were comrades on a shared journey. Tools to Simplify Success Offering agents the right tools to succeed is also paramount in enhancing retention. Advanced CRM tools, mentorship from seasoned agents, and access to real-time market data pave the way for agents to thrive. As Souza points out, it’s not the number of features that retain agents, but the reduction of friction in their processes. Ensuring agents feel supported through training and technology empowers them to focus on what they do best: selling homes. Compensation Should Encourage Loyalty, Not Entitlement Fair and compelling compensation plans are a cornerstone of agent retention. However, Workman warns against high commission splits that leave little for essential resources. “Agents don’t stay for a split; they stay for the culture,” he states. When compensation is thoughtfully structured to encourage loyalty and investment in personal growth, agents are less likely to consider external offers. Acknowledge and Adapt to Individual Needs Finally, recognizing that each agent’s journey is unique is crucial. Embracing a flexible approach that accommodates different preferences can significantly affect retention rates. Whether it’s varying support systems or opportunities to recruit new agents, empowering agents to shape their environment creates a sense of ownership and investment in the brokerage. The Bottom Line: Create a Brokerage Where Agents Thrive In conclusion, the art of retention in real estate is all about building a vibrant culture that not only attracts but also keeps agents engaged and satisfied. The simple truth is, when agents feel supported and see a clear path for growth, they are much more inclined to remain loyal. As the competitive landscape continues to evolve, focusing on retention will not only secure a stable team but will also drive the success of a brokerage well into the future.

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