What was the outcome of the plaintiffs' motion for class certification in the Moehrl Action regarding Remax?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
endant rather than NAR.
In the Moehrl Action, plaintiffs sought certification of two classes of home sellers: (1) a class seeking an award of alleged damages incurred by home sellers who paid a commission between March 6, 2015 and December 31, 2020, to a brokerage affiliated with a corporate defendant in connection with the sale of residential real estate listed on any of the 20 covered MLSs in various parts of the country; and (2) a class of current or future owners of residential real estate, who are presently listing or will in the future list a home for sale on any of the 20 covered MLSs, seeking to prohibit defendants from maintaining and enforcing the NAR rules at issue in the complaint. On March 29, 2023, the court in the Moehrl Action granted plaintiffs' motion for class certification as to both classes. On April 12, 2023, the Company petitioned the United States Court of Appeals for the Seventh Circuit for permission to appeal the Court's class certification decision. On May 24, 2023, the Seventh Circuit denied the petition.
Source: Item 1 — Business and Organization (FDD pages 334–464)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the plaintiffs in the Moehrl Action sought certification for two classes of home sellers. The first class sought damages for commissions paid between March 6, 2015, and December 31, 2020, to brokerages affiliated with corporate defendants for residential real estate sales listed on 20 specified MLSs. The second class consisted of current or future homeowners listing homes for sale on those MLSs, aiming to prevent the defendants from enforcing certain NAR rules.
On March 29, 2023, the court granted the plaintiffs' motion for class certification for both classes. Remax then petitioned the United States Court of Appeals for the Seventh Circuit for permission to appeal this class certification decision. However, on May 24, 2023, the Seventh Circuit denied Remax's petition.
It's important to note that Remax entered into a Settlement Term Sheet on September 15, 2023, with the plaintiffs in both the Burnett Action and the Moehrl Action. This settlement aimed to resolve all claims in both actions, indicating a broader effort to address the legal issues raised in these cases.