When did Engel & Volkers enter into the settlement agreement regarding the antitrust lawsuit?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
the United States District Court for the Western District of Missouri, Western Division. On April 23, 2024 plaintiffs filed a consolidated class action complaint against us and the above named defendants claiming an antitrust conspiracy by and between the National Association of Realtors® ("NAR") and residential real estate brokerages to increase broker compensation at the expense of property sellers. Plaintiffs are alleging that a NAR rule that requires brokers to make a blanket, non-negotiable offer of buyer broker compensation when listing a property, results in increased cost to sellers, artificially inflates buyer broker's compensation and incentivizes buyer brokers to steer buyers toward higher commissioned properties, not disclosing buyer broker compensation to buyers while curtailing competition, all in violation of federal antitrust law, state antitrust law and state deceptive trade practices and fair trade practices laws. Similarly, Plaintiffs allege that the rules of other associations and listing services contribute to these anticompetitive effects on commissions. Plaintiffs further allege that certain defendants, including us, use their agreements with franchisees to require adherence to the NAR and other rules in violation of federal antitrust law. Plaintiffs seek class action certification. Plaintiffs further seek injunctive and equitable relief and damages and/or restitution for the class period of December 27, 2019 until present in an unspecified amount to be proved at trial. Although we vigorously dispute Plaintiffs' allegations, we agreed to settle the case on June 18, 2024 and entered into a settlement agreement dated July 12, 2024 ("Settlement Agreement") that includes a total monetary settlement amount of $6.9 million to be paid by us into the qualified settlement fund. The Settlement Agreement received final approval from the court on November 4, 2024. Objectors to the settlement filed four separate appeals: Don Gibson, et al v. Monty March, 24-3478 (8th Cir.); Don Gibson, et al v. Robert Friedman, et al, 24-3481 (8th Cir.); Don Gibson, et al v. James Mullis, 24-3473 (8th Cir.); and Don Gibson, et al v. Benny Cheatham, et al, 24-3564 (8th Cir.). The Settlement Agree
Source: Item 3 — LITIGATION (FDD pages 17–21)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, the company faced a consolidated class action complaint regarding an antitrust conspiracy. The plaintiffs alleged that Engel & Volkers, along with the National Association of Realtors® (NAR) and other residential real estate brokerages, conspired to increase broker compensation at the expense of property sellers. The plaintiffs claimed this violated federal and state antitrust laws, as well as deceptive trade practices. They sought injunctive relief, equitable relief, damages, and/or restitution for the period from December 27, 2019, onward.
Although Engel & Volkers disputed these allegations, they agreed to settle the case on June 18, 2024, and entered into a settlement agreement dated July 12, 2024. This agreement included a total monetary settlement of $6.9 million, which Engel & Volkers is to pay into a qualified settlement fund. The court granted final approval to the Settlement Agreement on November 4, 2024.
However, the settlement's effectiveness is contingent upon the resolution of four separate appeals filed by objectors to the settlement. These appeals are currently under consideration in the Eighth Circuit. The settlement will only become effective once these appeals are resolved in a manner that affirms the final approval. As of the date of this FDD, the objector-appellants' briefs are due on April 21, 2025.