factual

What was the total monetary settlement amount that Engel & Volkers agreed to pay in the antitrust case?

Engel_Volkers Franchise · 2025 FDD

Answer 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 was involved in a consolidated class action lawsuit alleging an antitrust conspiracy related to real estate broker compensation. The plaintiffs claimed that Engel & Volkers, along with the National Association of Realtors® (NAR) and other brokerages, conspired to inflate broker compensation at the expense of property sellers. The lawsuit alleged violations of federal antitrust law, state antitrust law, and state deceptive trade practices.

Although Engel & Volkers disputed the allegations, they agreed to a settlement on June 18, 2024, and entered into a settlement agreement dated July 12, 2024. As part of this agreement, Engel & Volkers is to pay a total monetary settlement of $6.9 million into a qualified settlement fund. The settlement received final court approval on November 4, 2024.

However, the settlement is not yet fully effective, as there are pending appeals. The Settlement Agreement will only become effective once these appeals are resolved in favor of affirming the final approval. The objector-appellants' briefs are currently due on April 21, 2025. This means that the actual payment of the settlement and its terms are contingent on the outcome of these appeals.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.