FDD Items 3 & 4 · 2026 filing
Better Homes and Gardens Real Estate litigation history
What Better Homes and Gardens Real Estate disclosed about lawsuits, arbitrations and bankruptcy in the 2026 Franchise Disclosure Document. Item 3 lists the material legal actions a franchisor must report; Item 4 covers bankruptcy. This is the franchisor's own disclosure, not a court record, and not legal advice.
Items 3 (litigation) & 4 (bankruptcy) at a glance
What the filing discloses
- Cases disclosed
- 13
- Item 3, as counted in the filing
- Largest settlement, franchisor's own cases
- None stated
- Bankruptcy (Item 4)
- None
- Franchisor, parent, predecessor or officer
- Filing year
- 2026
- Disclosures cover the prior ten years
Extracted from the 2026 Franchise Disclosure Document
Item 3: litigation
Pending: TCPA class action (Owen-Brooks). Other pending: antitrust class actions relating to NAR buyer broker commission rules (Moehrl, Burnett, Nosalek, Batton/Tuccori, Chinitz TCPA, Homie Technology, Anywhere/Compass merger litigation). Resolved: RESPA class action (Dodge/Agrawal, settled $8.375M). Regulatory: Washington AG investigation into real estate broker competition practices.
Item 3 (litigation) · 13 matters disclosed · 10 pending listed
Litigation cases
The franchisor
Pending (2)
Susan Juanita Owen-Brooks v. Better Homes and Gardens Real Estate LLC and Native American Group, LLC D/B/A Better Homes and Gardens Real Estate Native American Group
pendingfiled 2025-09-18 · USDC, District of New Jersey · 2:25-cv-15801-CCC-AME
“… (Case No. 2:25-cv- 15801-CCC-AME, USDC, District of New Jersey). On September 18, 2025, Plaintiff filed a purported class action complaint against our franchisee and us claiming that certain text messages allegedly sent by a sales”Page 18 of the 2026 FDD, Item 3
Jennifer Nosalek, Randy Hirschorn, and Tracey Hirschorn, individually and on behalf of all other similarly situated, v. MLS Property Information Network, Inc., Anywhere Real Estate Inc. (f/k/a Realogy Holdings Corp.), Century 21 Real Estate LLC, Coldwell Banker Real Estate LLC, Sotheby’s Internation
pendingBrought by a third party · filed 2020-12-17 · U.S. District Court for the District of Massachusetts · 1:20-cv-12244
“Case 1:20-cv-12244, U.S. District Court for the District of Massachusetts). On December 17, 2020, plaintiffs filed a purported class action against MLS Property Information Network, Inc., Anywhere, HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC, RE/MAX LLC, and Keller Williams Realty, Inc., wherein the plaintiffs take issue with NAR policies and rules similar to those at”Page 21 of the 2026 FDD, Item 3
Parent, affiliates, master franchisor and subfranchisor
Pending (8)
John Marino v. Anywhere Real Estate Inc., Michael J. Williams, Fiona Dias, Mathew J. Espe, V. Ann Hailey, Bryson R. Koehler, Joseph Z. Lenz, Duncan Niederauer, Egbert L.J. Perry, Ryan Schneider, Enrique Silva, Chris Terrill and Felicia Williams
pendingAnywhere Real Estate Inc., its Board of Directors and CEO · filed 2025-12-11 · Supreme Court of the State of New York, County of New York · Index No. 656398/2025
“… (Index No. 656398/2025, Supreme Court of the State of New York, County of New York, December 11, 2025).”Page 25 of the 2026 FDD, Item 3
John McDaniels v. Anywhere Real Estate Inc., Michael J. Williams, Fiona Dias, Matthew J. Espe, V. Ann Hailey, Bryson R. Koehler, Joseph Z. Lenz, Duncan Niederauer, Egbert L. J. Perry, Ryan M. Schneider, Enrique Silva, Chris Terrill, and Felicia Williams
pendingAnywhere Real Estate Inc., its Board of Directors and CEO · filed 2025-12-10 · Supreme Court of the State of New York, County of New York · Index No. 656379/2025
“… (Index No, 656379/2025, Supreme Court of the State of New York, County of New York, December 10, 2025).”Page 25 of the 2026 FDD, Item 3
The Office of the Attorney General of the State of Washington (investigation)
pendingGovernment or regulatory action · certain of the franchisor's Real Estate Affiliates (Anywhere brands) that received the Civil Investigative Demand · filed 2024 · Washington Office of the Attorney General
“The Office of the Attorney General of the State of Washington. The Washington Office of the Attorney General is conducting an investigation concerning contracts, combinations, unfair or deceptive practices, unfair methods of competition, or conspiracies in restraint of trade or commerce in the market of services provided by residential real estate brokers to Washington home buyers and sellers and”Page 27 of the 2026 FDD, Item 3
Batton, Bolton, Brace, Kim, James, Mullis, Bisbicos and Parsons v. The National Association of Realtors, Realogy Holdings Corp., HomeServices of America, Inc. BHH Affiliates, LLC, HSF Affiliates, LLC, The Long & Foster Companies, Inc., RE/MAX LLC and Keller Williams Realty, Inc.
pendingRealogy Holdings Corp. (now Anywhere Real Estate Inc.) · filed 2021-01-25 · U.S. District Court, Northern District of Illinois · 1:21-cv-430
“(formerly captioned Leeder). On January 25, 2021, plaintiff filed a purported class action against NAR, Anywhere, HomeServices of America, Inc. BHH Affiliates, LLC, HSF Affiliates, LLC, The Long & Foster Companies, Inc., RE/MAX LLC and Keller Williams Realty, Inc., wherein the plaintiff raises claims regarding the NAR policies and rules similar to those at issue in the Moehrl, Burnett and Nosalek”Page 22 of the 2026 FDD, Item 3
Outcome: “The Anywhere Opt-In Settlement calls for payment by Anywhere of $9,602,500 upon it becoming effective.” (page 23)
Within this matter, as the filing narrates it
Tuccori v. At World Properties, et al.
pendingnames the parent company · Anywhere Real Estate Inc. (opt-in settlor, not a named defendant) · United States District Court for the Northern District of Illinois
“… United States District Court for the Northern District of Illinois (“Tuccori Case”), is a case that consolidated several purported class actions filed by home buyers. On October 15, 2025, the court in the Tuccori Case granted preliminary approval of a nationwide settlement entered by several real estate brokerages related to the home buyer claims”Page 23 of the 2026 FDD, Item 3
Counted as one matter, the way Item 3 groups it.
Christopher Moehrl, individually and on behalf of others similarly situated v. The National Association of Realtors, Realogy Holdings Corp., HomeServices of America, Inc., Re/Max Holdings, Inc., and Keller Williams Realty, Inc.
pendingBrought by a third party · Anywhere Real Estate Inc. (f/k/a Realogy Holdings Corp.) · filed 2019-03-06 · United States District Court for the Northern District of Illinois · 1:19-cv-01610
“Case No. 1:19-cv-01610, United States District Court for the Northern District of Illinois). On March 6, 2019, plaintiff, Christopher Moehrl, filed a putative class action against Anywhere and the other named defendants. Plaintiff claims that the defendants engaged in a continuing contract, combination, or conspiracy to unreasonably restrain trade and commerce in violation of Section 1 of the”Page 19 of the 2026 FDD, Item 3
Outcome: “On October 5, 2023, Anywhere entered into a nationwide Settlement Agreement with the Moehrl and Burnett plaintiffs for $83.5 million”
Within this matter, as the filing narrates it
Sawbill Strategic, Inc. v. The National Association of Realtors, HomeServices of America, Inc., Keller Williams Realty, Inc., Realogy Holdings Corp., and Re/Max Holdings, Inc.
pendingnames the parent company · Realogy Holdings Corp. (now Anywhere Real Estate Inc.) · filed 2019-04-15 · United States District Court for the Northern District of Illinois · 1:19-cv-02544
“The related case is captioned Sawbill Strategic, Inc. v. The National Association of Realtors, HomeServices of America, Inc., Keller Williams Realty, Inc., Realogy Holdings Corp., and Re/Max Holdings, Inc. (Case No. 1:19-cv-02544, United States District Court for the Northern District of Illinois).”Page 19 of the 2026 FDD, Item 3
Counted as one matter, the way Item 3 groups it.
Ronald Chinitz, Sarah Bumpus, David Gritz, Micheline Peker, Nathan Rowan, Cheryl Rowan, Daniel Caruso, and Paramjit Lalli, individually and on behalf of a class of similarly situated persons v. Realogy Holdings Corp., Realogy Intermediate Holdings LLC, Realogy Group LLC, Realogy Services Group LLC,
pendingBrought by a third party · Realogy Holdings Corp. and affiliates incl. Anywhere Advisors (Realogy Brokerage Group LLC f/k/a NRT LLC) · filed 2019-06-11 · U.S. District Court, Northern District of California, San Francisco Division · 3:19-cv-03309-JD
“3:19-cv-03309-JD, U.S. District Court, Northern District of California, San Francisco Division). This is a putative class action originally filed against Anywhere Advisors on June 11, 2019. On April 13, 2020, plaintiffs filed a Second Amended Putative Class Action Complaint adding the other Anywhere defendants.”Page 23 of the 2026 FDD, Item 3
Scott and Rhonda Burnett, Ryan Hendrickson, Jarod Breit, Scott Trupiano, and Jeremy Keel, on behalf of themselves and all others similarly situated v. National Association of Realtors, Realogy Holdings Corp., HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC, Re/Max LLC and Kel
pendingBrought by a third party · Realogy Holdings Corp. (now Anywhere Real Estate Inc.) · filed 2019-04-29 · United States District Court for the Western District of Missouri · 4:19-cv-00332-SRB
“Case No. 4:19-cv-00332-SRB, United States District Court for the Western District of Missouri). On April 29, 2019, this related case was filed in the United States District Court for the Western District of Missouri, against the same defendants as in the Moehrl case, making similar claims and seeking similar relief, including an award of damages and/or restitution, including treble damages, with”Page 20 of the 2026 FDD, Item 3
Outcome: “On October 5, 2023, Anywhere entered into the nationwide Anywhere Settlement Agreement with the Moehrl and Burnett plaintiffs for $83.5 million.”
Homie Technology, Inc., a Delaware corporation v. National Association of Realtors, an Illinois non-profit association; Anywhere Real Estate Inc., a Delaware corporation; Keller Williams Realty, Inc., a Texas corporation; HomeServices of America, Inc., a Delaware corporation; HSF Affiliates, LLC, a
pendingAnywhere Real Estate Inc. · U.S. District Court, Central District of Utah · 2:24-cv-00616
“Case No. 2:24-cv-00616, U.S. District Court, Central District of Utah). Plaintiff alleges that defendants engaged in a conspiracy involving the creation of a market structure that facilitated boycotts of new entrants, such as Homie Technology (“Homie”), by real estate brokerages in the Wasatch Front Regional Multiple Listing Service (“Wasatch MLS”). Plaintiff alleges that the conspiracy is”Page 24 of the 2026 FDD, Item 3
Concluded (3)
Dean Drulias v. Fiona Dias, Matthew Espe, Bryson Koehler, V. Ann Hailey, Joseph Lenz, Duncan Niederauer, Egbert Perry, Ryan Schneider, Enrique Silva, Sherry Smith, Chris Terrill, Felicia Williams, Michael Williams, Anywhere Real Estate Inc., and Compass, Inc.
settledAnywhere Real Estate Inc., its directors and CEO, and Compass, Inc. · filed 2025-12-18 · Superior Court of New Jersey, Morris County, General Equity Division · MRS-C-000133-25
“… (Case No. MRS-C-000133-25, Superior Court of New Jersey, Morris County, General Equity Division, December 18, 2025).”Page 25 of the 2026 FDD, Item 3
Outcome: “On January 2, 2026, the Drulias plaintiff filed a notice voluntarily discontinuing the action with prejudice.”
Sheri Dodge and Neil Dodge and Ram Agrawal and Sarita Agrawal, individually and on behalf of all others similarly situated v. PHH Corporation, Realogy Holdings Corp., et al. (formerly captioned Timothy L. Strader, Sr. and Lester L. Hall, Jr. v. PHH Corporation, Realogy Holdings Corp., et al.)
settledBrought by a third party · Realogy Holdings Corp. and certain subsidiaries (with PHH defendants) · filed 2015-11-25 · United States District Court, Central District of California · 8:15-CV-01973
“Sheri Dodge and Neil Dodge and Ram Agrawal and Sarita Agrawal, individually and on behalf of all others similarly situated v. PHH Corporation, Realogy Holdings Corp., PHH Home Loans LLC, PHH Mortgage Corporation, RMR Financial, LLC, NE Moves Mortgage LLC, PHH Broker Partner Corporation, Realogy Group LLC, Realogy Intermediate Holdings LLC, Title Resource Group LLC, West Coast Escrow Company, TRG”Page 25 of the 2026 FDD, Item 3
Outcome: “On May 19, 2017, the parties held a mediation session, at which they agreed in principle to a settlement of $17M, pursuant to which the Realogy defendants would pay approximately $8.5 million (or one-half of the settlement) and the PHH defendants would pay the remaining $8.5M.” (page 26)
HUD and FTC joint regulatory investigation of Property I.D. Associates, LLC; HUD lawsuit filed May 23, 2007
settledGovernment or regulatory action · Cendant (investigation); Realogy Group, NRT and Coldwell Banker Residential Brokerage, the 'Realogy parties' (HUD lawsuit) · filed 2007 · HUD and FTC (investigation); United States District Court, Central District of California (HUD lawsuit)
“The Department of Housing and Urban Development (“HUD”) and the FTC conducted a joint regulatory investigation of the activities of Property I.D. Associates, LLC (“Associates”), a joint venture between Property I.D. Corporation, Cendant Real Estate Services Group LLC and Coldwell Banker Residential Brokerage Corporation. The regulatory investigation also included predecessor joint ventures of”Page 26 of the 2026 FDD, Item 3
Outcome: “In May 2008, HUD and the Realogy parties agreed to settle the matter with no imposition of fines or penalties and a permanent injunction to refrain from future joint ventures for hazard disclosure reports operated in violation of RESPA. The Settlement Agreement has been fully executed, and the Consent Decree and Release were filed with the Court on February 9, 2009. The Court dismissed the case” (page 27)
2 of the proceedings above are indented under the matter they belong to because the filing narrates them inside it — an appeal, a consolidated case, a related arbitration. Each carries its own quote and page. They are counted with their matter, not as extra matters, so this list and the 13 Item 3 discloses agree.
Item 3 lists the litigation the franchisor must disclose; a matter against a parent, an affiliate or a named officer is not a matter against the franchisor, and pending claims are allegations, not findings.
Disclosure signals that moved the score
How this shows up in the verdict
- Five active antitrust class-action lawsuits directly targeting real estate commission structures and franchisor practices create existential legal/regulatory risk
- Multiple TCPA litigation cases indicate systemic compliance issues with marketing practices that could result in franchisor liability passed to franchisees
- Parent company merger litigation (Anywhere Real Estate + Compass 2026) creates uncertainty about franchisor stability, support, and strategic direction
The verdict grade is FranchiseVerdict's editorial assessment across SBA loan performance, unit growth, revenue and disclosure signals. It is not investment advice.
Before you weigh a lawsuit
How to read Item 3
A franchisor must disclose pending actions and any material civil action involving the franchise relationship, plus convictions or civil judgments for fraud, unfair or deceptive practices, or franchise-law violations, going back ten years. A case the franchisor brought against a franchisee counts too. Item 3 does not include every dispute: settled claims below the materiality line and matters resolved in private arbitration can be absent.
Questions worth asking current and former franchisees, using the contact list in Item 20:
- Were you, or anyone you know in the system, party to a dispute with the franchisor?
- Was it resolved by settlement, arbitration or a court, and on what terms?
- Has the number of disputes gone up or down since you signed?