eXp, Weichert home seller commission lawsuit settlements approved

After a fierce legal battle the home seller commission lawsuit settlements reached by eXp World Holdings, Mark Spain Real Estate, Weichert of North America and Atlanta Communities Real Estate Brokerage in the Hooper lawsuit have received final approval.

On Wednesday, Mark Cohen, an Atlanta-based U.S. District Court judge, granted final approval to the settlements reached by these four brokerage defendants.  

The settlements total $44.05 million, with Mark Spain Real Estate paying $750,000, eXp World Holdings paying $34 million, Weichert of North America paying $8.5 million and Atlanta Communities Real Estate Brokerage paying $800,000. The settlements release the parties from the claims and dismiss the parties from the litigation. 

This final approval comes after a contentious legal battle between the Gibson home seller commission lawsuit plaintiffs and the settling parties in the Hooper lawsuit. Just weeks after eXp, the first of the four parties to reach an agreement, announced its settlement in early October 2024, the Gibson plaintiffs filed a motion to intervene and transfer the case to the U.S. District Court for the Western District of Missouri, where it would fall under the supervision of Judge Stephen Bough. Bough is the judge who oversaw the Sitzer/Burnett trial.

The Gibson plaintiffs claimed that eXp negotiated the agreement with the Hooper plaintiffs “after conducting prolonged, unsuccessful settlement negotiations with Intervenor Plaintiff counsel,” conducting a “reverse auction” in an attempt to gain a “sweetheart deal.”

The Gibson plaintiffs later extended these arguments and objections to the three other settlements reached with the Hooper plaintiffs. Judge Cohen denied this motion to intervene in late March 2025 before granting preliminary approval to the settlements in May 2025. 

In an emailed statement a spokesperson for eXp told HousingWire that the firm was “pleased” with the court’s ruling. 

“This milestone represents a significant step forward in resolving these industry-wide legal challenges and providing certainty for our agents, their clients and our shareholders. We are grateful for the Court’s thorough review of the record and its finding that the settlement is fair, reasonable and adequate,” the spokesperson added. “As the Court noted, this agreement was reached through rigorous, arm’s-length negotiations and provides substantial value to the class while avoiding the risks and costs of protracted litigation. eXp remains committed to transparency and the evolution of the real estate industry.”

According to the ruling, CPT Group will be the notice and claims administrator for the settlement. The parties began sending out class notices to settlement class members last summer. 

In addition to these legal wins achieved by these four brokerages, REMAX notched a win of its own on Wednesday as its settlement in the Batton homebuyer commission lawsuit gained preliminary approval. Like the Gibson plaintiffs, the Batton plaintiffs have sought to intervene in the homebuyer lawsuit settlements obtained by firms in other homebuyer lawsuits.