What are the two classes that were certified in the lawsuit involving Corcoran?
Corcoran Franchise · 2025 FDDAnswer from 2025 FDD Document
Plaintiffs' motion for class certification was filed on February 23, 2022.
Defendants filed their opposition on June 14, 2022, plaintiffs filed their reply on August 22, 2022, and on March 29, 2023, the Court granted the motion for class certification with two classes certified, a damages class and an injunctive class.
The damages class covers sellers of residential real estate (with certain exemptions) who paid a commission to a brokerage affiliated with any franchisor defendant from March 6, 2015 through December 21, 2020 in 20 MLSs in various parts of the country that do not overlap with the Burnett MLSs and that include approximately five of the country's ten largest MLSs, estimated to cover approximately 3.5 million transactions.
The injunctive class covers current and future sellers of residential real estate (with certain exceptions) who are presently listing or will in the future list their home for sale in one of the 20 MLSs.
Source: Item 3 — LITIGATION (FDD pages 18–25)
What This Means (2025 FDD)
According to Corcoran's 2025 Franchise Disclosure Document, in the lawsuit of Christopher Moehrl, individually and on behalf of others similarly situated v. The National Association of Realtors, Realogy Holdings Corp., HomeServices of America, Inc., Re/Max Holdings, Inc., and Keller Williams Realty, Inc., the court certified two classes: a damages class and an injunctive class.
The damages class includes sellers of residential real estate (with some exceptions) who paid a commission to a brokerage affiliated with any franchisor defendant from March 6, 2015, through December 21, 2020, in 20 MLSs in various parts of the country. These MLSs do not overlap with the Burnett MLSs and include approximately five of the country's ten largest MLSs, estimated to cover about 3.5 million transactions.
The injunctive class covers current and future sellers of residential real estate (with certain exceptions) who are presently listing or will list their home for sale in one of the 20 MLSs. This means that the lawsuit potentially affects a large number of past, present, and future home sellers who used brokerages affiliated with Corcoran or other franchisors involved in the suit.