1925 Hooper LLC, et al. v. The National Association of Realtors, et al.

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FREQUENTLY ASKED QUESTIONS

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BASIC INFORMATION

This Notice has been posted for the benefit of potential members of the Settlement Class. If you are uncertain about whether you are a member of the Settlement Class, you may email the Settlement Administrator at NationwideRealEstateCommissionSettlement@cptgroup.com .
This Notice explains the lawsuits, the Settlements, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the Settlements is the United States District Court for the Northern District of Georgia. The case before this Court is known as 1925 Hooper LLC, et al. v. The National Association of Realtors, et al. l., Case No. 1:23-cv-05392-MHC (N.D. Ga.). The people who filed this lawsuit are called the Plaintiffs. The people being sued are called the Defendants. Defendants in this action include The National Association of Realtors (“NAR”) and the following large real estate brokerage firms and families of firms:
Higher Tech, Weichert, Redfin Corp., PalmerHouse Properties, Beacham & Company, Sanders Realty, Signature Properties, Duckworth Properties, Atlanta Communities, Christie’s International, ERA Franchise Systems, HomeSmart Holdings, Hamilton Dorsey Alston, Bolst, Inc., Method Real Estate, AF Realty Group, Engle & Völkers, eXp, Solid Source Realty, Ansley Atlanta, Tracey Cousineau, Chapman Hall Realtors, Path & Post, and Maximum One
Many Defendants have already settled, and more Defendants may settle in the future. Of these Defendants, this Notice concerns only Higher Tech, eXp, Weichert, and Atlanta Communities. Notice of additional settlements is also available on the Court Documents page of this website.
These Settlements may also release claims against Higher Tech, eXp, Weichert, and Atlanta Communities raised in other lawsuits involving alleged anticompetitive conduct in connection with commissions charged by brokers and agents in residential real estate transactions. Those other lawsuits are discussed further below in response to FAQ 21.
The lawsuit claims that Defendants, including Higher Tech, eXp, Weichert, and Atlanta Communities, created and implemented rules that require home sellers to pay commissions to the broker or agent representing the buyer and that caused home sellers to pay total commissions at inflated rates. It also alleges that Defendants enforced these rules through anticompetitive and unlawful practices.
The lawsuit claims that these rules are anticompetitive and unfair, and that they violate antitrust laws. You can read Plaintiffs’ complaint on the Courts Documents page of this website. Specifically, the lawsuit alleges violations of the Sherman Act (a federal antitrust statute found at 15 U.S.C. § 1 et seq.) among other things. The Sherman Act claims apply to home sales that occurred anywhere in the United States during the Eligible Date Range.
Although the Court has authorized notice to be given of the proposed Settlements, this Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side of the lawsuit. Higher Tech, eXp, Weichert, and Atlanta Communities dispute Plaintiffs’ allegations and deny all liability to Plaintiffs and the Class.
In a class action, one or more people called Class Representatives sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The consumers who sued Defendants—and all the Class Members like them—are called Plaintiffs. The companies they sued are called the Defendants. One court resolves the issues for everyone in the Class – except for those who choose to exclude themselves from the Class.
Here, the Court decided that this lawsuit can be a class action for settlement purposes because it preliminarily meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:
  1. there are numerous people who fit the class definition
  2. there are legal questions and facts that are common to each of them;
  3. the Plaintiffs’ claims are typical of the claims of the rest of the Class;
  4. Plaintiffs, and the lawyers representing the Class, will fairly and adequately represent the Class Members’ interests;
  5. the common legal questions and facts are more important than questions that affect only individuals; and
  6. this class action will be more efficient than having individual lawsuits.
The Court has not ruled in favor of the Plaintiffs or Defendants in this action. Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims and Defendants’ defenses, potential issues at trial and on appeal, and the Defendants’ ability to pay. The parties engaged in arms-length negotiations to reach the Settlements. Plaintiffs and Counsel for the Settlement Class believe that the proposed Settlements are fair, reasonable, and adequate, and in the best interest of the Class.
Both sides agree that by settling, Higher Tech, eXp, Weichert, and Atlanta Communities are not admitting any liability or that they did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

WHO IS IN THE SETTLEMENTS?

You are a part of the Settlement Class if you:
  1. sold a home during the Eligible Date Range (as defined above);
  2. listed the home that was sold on a multiple listing service (as defined above) anywhere in the United States; and
  3. paid a commission to a real estate brokerage in connection with the sale of the home.
If you are uncertain as to whether you are a member of the Settlement Class, you may email the Settlement Administrator at NationwideRealEstateCommissionSettlement@cptgroup.com to find out.

THE SETTLEMENT BENEFITS

If you are a member of the Settlement Class, you are eligible to receive a benefit under the Settlements.
The Settling Defendants named here have agreed to pay, collectively, $44.05 million into a settlement fund: Higher Tech ($750,000), eXp ($34 million), Weichert ($8.5 million), and Atlanta Communities ($800,000). The funds will be distributed to qualifying Settlement Class Members who submit an approved claim form, after any awarded attorneys’ fees, expenses, and settlement administration costs have been deducted. Higher Tech, eXp, Weichert, and Atlanta Communities have also agreed to implement Practice Changes and provide Cooperation. You can learn more about the Practices Changes and Cooperation in the Settlement Agreements, which are available on the Court Documents page.

HOW YOU GET A PAYMENT – SUBMITTING A CLAIM FORM

To receive a benefit, a Settlement Class Member must submit a claim form with information pertaining to and/or evidence of your home sale and commissions paid to the Settlement Administrator. The Settlement Administrator will be responsible for reviewing all claim forms and evidence of purchase to determine whether a claim is an approved claim. The Settlement Administrator will reject any claim that is not:
  1. submitted timely and in accordance with the directions on the claim form, the provisions of these Settlement Agreements, and the Preliminary Approval Order;
  2. fully and truthfully completed by a Settlement Class Member or their representative with all of the information requested in the claim form; and
  3. signed by the Settlement Class Member.
Claims that cannot be confirmed by the Settlement Administrator may be subject to challenge, nonpayment, or a reduced share of the available funds.
You can submit a claim form by completing it online through this website, or by printing the claim form and returning it to the Settlement Administrator via mail or email on or before September 20, 2025.
Mailing Address:
1925 Hooper LLC, et al. v. The National Association of Realtors, et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Email: NationwideRealEstateCommissionSettlement@cptgroup.com
The Court will hold a final Fairness Hearing at 10:00 A.M. on October 28, 2025, in the United States District Court for the Northern District of Georgia, 1921 Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, SW, Courtroom 1905, Atlanta, Georgia 30303, to decide whether to finally approve the Settlements. If the Settlements are approved, there may be appeals. Payments to members of the Settlement Class will be made only if the Settlements are approved and after any claims period and appeals are resolved. This may take some time, so please be patient.
Upon the Court’s approval of the proposed Settlements, all members of the Settlement Class who do not exclude themselves (as well as their representatives) will release Higher Tech, eXp, Weichert, and Atlanta Communities (and their affiliates, subsidiaries, franchisees, employees, and certain others as specified in the Settlement Agreements).
All members of the Settlement Class who do not exclude themselves will release claims whether known or unknown that they ever had, now have, or hereafter may have and that have accrued as of the date of Class Notice of the Settlements arising from or related to the Released Claims. “Released Claims” means any and all manner of claims regardless of the cause of action arising from or relating to conduct that was alleged or could have been alleged in the Action based on any or all of the same factual predicates for the claims alleged in the Action, including but not limited to commissions negotiated, offered, obtained, or paid to brokerages in connection with the sale of any residential home. The release does not extend to any individual claims that a Class Member may have against his or her own broker or agent based on a breach of contract, breach of fiduciary duty, malpractice, negligence or other tort claim, other than a claim that a Class Member paid an excessive commission or home price due to the claims at issue.
This release may affect your rights, and may carry obligations, in the future. To view terms of the release, review the Settlement Agreements, which are available on the Court Documents page.

EXCLUDING YOURSELF FROM THE SETTLEMENTS

To ask to be excluded, you must execute and send a Request for Exclusion to the Settlement Administrator postmarked on or before September 20, 2025.
A Request for Exclusion must:
  • Be personally signed by each potential Settlement Class Member requesting exclusion;
  • Include the potential Settlement Class Member’s present name and address;
  • Include a clear and unequivocal statement that the potential Settlement Class Member wishes to be excluded from the Settlement Class as to Higher Tech, eXp, Weichert, and/or Atlanta Communities; and
  • Be signed by the putative Settlement Class Member or, in the case of a potential Settlement Class Member who is deceased or incapacitated only, the signature of the legally authorized representative of the putative Settlement Class Member.
If the request is not postmarked on or before September 20, 2025, your exclusion will be invalid, and you will be bound by the terms of the Settlements approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims against Higher Tech, eXp, Weichert, Atlanta Communities, or their affiliates as outlined in FAQ 10 above which arise out of or relate in any way to the claims in the case as specified in the release referenced in FAQ 10 above.
Send your Exclusion Request to:
1925 Hooper LLC, et al. v. The National Association of Realtors, et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Email: NationwideRealEstateCommissionSettlement@cptgroup.com
No. Unless you exclude yourself, you give up any right to sue Higher Tech, eXp, Weichert, Atlanta Communities and their affiliates for the claims that the Settlements resolve. If you have a pending lawsuit against Higher Tech, eXp, Weichert, Atlanta Communities, or certain affiliated entities such as MLSs or small brokers, speak to your lawyer in that case immediately. You may have to exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is September 20, 2025.
No. If you exclude yourself as to the Settlements with Higher Tech, eXp, Weichert, and/or Atlanta Communities, do not send in a claim form to ask for any money.
If you exclude yourself only as to these Defendants, you may still ask for money from the Settlements with other Defendants. If you exclude yourself as to Higher Tech, eXp, Weichert, and/or Atlanta Communities, you may sue, continue to sue, or be a part of a different lawsuit against these Defendants.

THE LAWYERS REPRESENTING YOU

The Court decided that the law firms Knight Palmer LLC and Kabat Chapman & Ozmer LLP are qualified to represent you and all other Settlement Class Members. These lawyers are called “Class Counsel.” You will not be charged for these lawyers. They are experienced in handling similar cases against other entities. More information about the law firms, their practices, and their lawyers’ experience is available at: www.knightpalmerlaw.com, and www.kcozlaw.com.
Class Counsel represent the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.
Class Counsel will ask the Court for attorneys’ fees, in an amount not to exceed twenty percent (20%) of the settlement fund, plus out-of-pocket expenses incurred during the case. The Court may award less.
The Class Counsel will make their request for attorneys’ fees and costs on or before July 7, 2025, and that request will be published on this website.
Higher Tech, eXp, Weichert, and Atlanta Communities will pay the fees and expenses that the Court awards from the settlement fund. You are not responsible for any fees or expenses that the Court awards.

OBJECTING TO THE PROPOSED SETTLEMENTS

If you are a Class Member, you can object to these Settlements if you do not like any part of them, including the forthcoming motion for attorneys’ fees and costs. You can give reasons why you think the Court should not approve them. The Court will consider your view. To object, you must file or send a written objection to the Court, as instructed by the Court, by September 20, 2025, or you will waive your right to object (whether in opposition to the motion for Final Approval, motion for attorneys’ fees and costs on appeal, or otherwise) to the Settlements. Be sure to include the case name and number (1925 Hooper LLC, et al. v. The National Association of Realtors, et al. , Case No. 1:23-cv-05392-MHC (N.D. Ga.)), your name, address, telephone number, your signature and the reasons you object to the Settlements.
You must file any objection with the Clerk of the Court at the address below by September 20, 2025:
United States District Court for the Northern District of Georgia Atlanta Division
Richard B. Russell Federal Building and United States Courthouse
2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303-3309
1925 Hooper LLC, et al. v. The National Association of Realtors, et al.
Case No. 1:23-cv-05392-MHC (N.D. Ga.)
You must also send your objection by first class mail, postmarked on or before September 20, 2025,, to Class Counsel, Defendants’ Counsel and Settlement Administrator at the following addresses:
Counsel for the Settlement Class:
KNIGHT PALMER LLC
c/o Bryan Knight
1360 Peachtree Street, Suite 1201
Atlanta, GA 30309
Counsel for Higher Tech:
ALSTON & BIRD LLP
c/o Thomas Grantham
1201 W. Peachtree Street, Suite 4900
Atlanta, GA 30309
Counsel for eXp:
ARMSTRONG TEASDALE LLP
c/o Elizabeth C. Wolicki
100 N. Riverside Plaza, Suite 1500
Chicago, IL 60606
Counsel for Weichert:
VINSON & ELKINS LLP
c/o Dylan Ballard
555 Mission Street, Suite 2000
San Francisco, CA 94105
Counsel for Atlanta Communities:
BERMAN FINK VAN HORN P.C.
c/o Charles Van Horn
3475 Piedmont Road, N.E., Suite 1640
Atlanta, GA 30305
WEISSMAN P.C.
c/o Ned Blumenthal
3500 Lenox Road
Atlanta, GA 30326
Settlement Administrator:
1925 Hooper LLC, et al. v. The National Association of Realtors, et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.
Objecting is simply telling the Court that you don’t like something about the Settlements. You can object to a Settlement only if you stay in it. Excluding yourself is telling the Court that you do not want to be part of a Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

THE COURT’S FAIRNESS HEARING

There will be a final Fairness Hearing to consider approval of the proposed Settlements, at 10:00 A.M. on October 28, 2025, at the United States District Court for the Northern District of Georgia Atlanta Division, 1921 United States Courthouse, 75 Ted Turner Drive, SW, Courtroom 1905, Atlanta, Georgia 30303.
The hearing may be postponed to a later date without further notice. Any such postponements will be posted on the Court docket and/or settlement website on this website.
The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the Settlements, whether the Settlement Class is adequately represented by the Plaintiffs and Class Counsel, and whether an order and final judgment should be entered approving the proposed Settlements. The Court will also consider Class Counsel’s application for an award of attorneys’ fees and expenses.
You will be represented by Class Counsel at the Fairness Hearing unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the Fairness Hearing.
No. Class Counsel will represent the Settlement Class at the Fairness Hearing, but you are welcome to come at your own expense. If you send any objection, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend if you wish.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in 1925 Hooper LLC, et al. v. The National Association of Realtors, et al. , Case No. 1:23-cv-05392-MHC (N.D. Ga.).” Be sure to include your name, address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than October 14, 2025, and be sent to the Clerk of the Court, Class Counsel and Counsel for Higher Tech, eXp, Weichert, and Atlanta Communities, at the addresses in Section 16. You cannot speak at the hearing if you excluded yourself.

ARE THERE OTHER REAL ESTATE COMMISSIONS LAWSUITS

There are numerous other class actions involving similar claims, including: Burnett et al., v. National Ass'n of Realtors et al., Case No. 19-CV-00332-SRB (W.D. Missouri); Moehrl et al., v. National Ass'n of Realtors et al., Case No. 1:19-cv-01610 (N.D. Illinois); Gibson v. NAR et al., 4:23-cv-00788 (W.D. Mo.); Batton v. NAR, Case No. 1:21-cv-00430 (N.D. Ill.); Batton v. Compass, Case No. 1:23-cv-15618 (N.D. Ill.); Burton v. NAR, Case No. 7:23-cv-05666-JD (D.S.C.); QJ Team, LLC and Five Points Holdings, LLC v. TAR, Case No. 4:23-cv-01013 (E.D. Tx.); March v. REBNY, Case No. 1:23-cv-09995 (S.D.N.Y.); Kay v. West Penn Multi-List, Inc., Case No. 2:23-cv-2061 (W.D. Pa.); Grace v. NAR, Case No. 3:23-cv-06352 (N.D. Cal.); Masiello v. Arizona Association of Realtors, Case No. 2:24-cv-00045 (D. Ariz.); Tuccori v. At World Properties, LLC, Case No. 2:24-cv-00150 (N.D. Ill.); Whaley v. Arizona Association of Realtors, Case No. 2:24-cv-00105 (D. Nev.); Fierro v. National Association of Realtors, Case No. 2:24-cv-00449 (C.D. Cal.); Friedman v. REBNY et al., Case No. 1:23-cv-00405 (S.D.N.Y.); Willsim Latham v. MetroList, Case No. 2:24-cv-00244 (E.D. Cal.); Jensen v. National Ass’n of Realtors et al, Case No. 2:24-cv-00109 (D. Utah); Peiffer v. Latter & Blum Holding, LLC, et al., Case No. 2:24-cv-00557 (E.D. La.); Wang v. National Ass'n of Realtors et al., Case No. 1:24-cv-02371 (S.D.N.Y.); Jutla v. Redfin Corporation, 2:24-cv-00464 (W.D. Wash.); Burton v. Bluefield Realty, Case No. 7:24−cv−01800-JDA (D.S.C.); Mellott v. Watson Realty Corp. et al., Case No. 3:24-cv-00374 (M.D. Fla.); Wallach v. Silvercreek Realty Group LLC, Case No. 1:24-cv-3356 (N.D. Ill.); 1925 Hooper LLC et al. v. ARC Realty. LLC, Case No. 2:24-cv-00495 (N.D. Ala.); Lutz v. Homeservices of America, Inc. et al., 4:24-cv-10040-KMM (S.D. Fla.); Davis v. Hanna Holdings, Inc. 2:24-cv-02374 (E.D. Pa.); among others.
The Settlements may release claims against Higher Tech, eXp, Weichert, Atlanta Communities, and related entities and affiliates, asserted on behalf of members of the putative classes in those cases. But the Settlements may not release claims against other unaffiliated Defendants in those cases.
If you are a member of a class in any other cases involving similar claims, you may have additional rights to participate in or exclude yourself from ongoing litigation or settlements in those cases.

GETTING MORE INFORMATION

This Notice is only a summary. For a more detailed statement of the matters involved in the lawsuit or the Settlements, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of Court, United States District Court for the Northern District of Georgia Atlanta Division, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303: 1925 Hooper LLC et al. v. The National Association of Realtors et al., Case No. 1:23-cv-05392-MHC (N.D. Ga.). The full Settlement Agreements and certain pleadings filed in the cases are also available on the Court Documents page, or can be requested from Class Counsel, identified in FAQs 14 and 16 above, or from the Settlement Administrator, with the contact information provided in FAQ 8 above.