FDD Items 3 & 4 · 2026 filing
Coldwell Banker Commercial® litigation history
What Coldwell Banker Commercial® 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
- 15
- Item 3, as counted in the filing
- Largest settlement, franchisor's own cases
- $200K
- As stated in Item 3
- 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
Franchisor as plaintiff in trademark/collection actions against former franchisees; franchisor and parent (Anywhere) as defendants in antitrust commission class actions (Moehrl, Burnett, Nosalek, Batton, Homie), TCPA class action (Chinitz), merger-related shareholder suits, and resolved RESPA/HUD regulatory proceedings. Anywhere entered $83.5M settlement (Moehrl/Burnett) and $9.6M opt-in settlement (Tuccori/Batton).
Item 3 (litigation) · 15 matters disclosed · 10 pending listed
Litigation cases
The franchisor
Pending (2)
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 Internatio
pendingBrought by a third party · filed 2020-12-17 · U.S. District Court for the District of Massachusetts · 1:20-cv-12244
“… nal Realty Affiliates LLC, Better Homes and Gardens Real Estate LLC, ERA Franchise Systems LLC,”Page 23 of the 2026 FDD, Item 3
Outcome: “On February 14, 2024, the Court entered a stay on all claims against the Anywhere defendants in light of Anywhere’s nationwide settlement in the Moerhl and Burnett matters, which would cover the claims against them in this Nosalek matter.” (page 24)
Coldwell Banker Real Estate LLC v. The Bellmarc Group LLC, AC Lawrence Real Estate LLC, Bellmarc Brokerage Midtown Inc., Bellmarc Downtown LLC, Bellmarc East LLC, Bellmarc West LLC, Bellmarc Simone Song Inc., Bellmarc Gramercy/Chelsea Inc., Neil Binder, Nice Idea LLC and All Enterprises, LLC
pendingBrought against a franchisee · filed 2014-12-19 · USDC District of New Jersey · 2:14-cv-07926
“(Civil Action Number 2:14-cv-07926, USDC District of New Jersey). On December 19, 2014, we filed suit against the former franchisee (consisting of multiple entities) and its guarantor for trademark infringements and collection of amounts due.”Page 19 of the 2026 FDD, Item 3
Concluded (2)
Jorge Valdes, individually and on behalf of all others similarly situated v. Coldwell Banker Real Estate LLC
settledBrought by a third party · filed 2019-04-11 · United States District Court for the Central District of California · 2:19-cv-02822
“… (Case No. 2:19-cv-02822, United States District Court for the Central District of California). On April 11, 2019, plaintiff filed a putative class action against us on behalf of himself and others similarly situated who allegedly received unsolicited autodialed calls without express”Page 20 of the 2026 FDD, Item 3
Outcome: “against our affiliated company, Century 21 (Jorge Valdes, individually and on behalf of all others similarly situated v. Century 21 Real Estate LLC (Case No. 2:19-cv-05411, United States District Court for the District of New Jersey), for a combined amount of $200,000. The settlement was paid on December 30, 2020 and the court entered the order of dismissal on January 28, 2021.” (page 21)
Coldwell Banker Real Estate LLC v. New Alliance Properties, Inc. and Eliazar Felix
settledBrought against a franchisee · filed 2017-02-23 · United States District Court, Central District of California · 2:17-cv-01505-VAP-SK
“… (Case No. 2:17-cv-01505-VAP-SK, United States District Court, Central District of California). On February 23, 2017, we filed a complaint against this former franchisee and guarantor for trademark infringement and breaches of contract, promissory note and personal guaranty for a total amount of $716,417.35 with”Page 20 of the 2026 FDD, Item 3
Outcome: “The parties reached a settlement agreement whereby the former franchisee paid us $50,000 in four installments through August 31, 2018.”
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. (and its 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 27 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. (and its 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 27 of the 2026 FDD, Item 3
The Office of the Attorney General of the State of Washington (investigation; Civil Investigative Demand February 2024)
pendingGovernment or regulatory action · certain Real Estate Affiliates of Anywhere · filed 2024
“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 29 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. (formerly captioned
pendingRealogy Holdings Corp. (now Anywhere Real Estate Inc.) · filed 2021-01-25 · U.S. District Court, Northern District of Illinois · 1:21- cv-430
“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. (Case No. 1:21- cv-430, U.S. District Court, Northern District of Illinois) (formerly captioned Leeder).”Page 24 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 25)
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. (consolidated with Sawbill Strategic, Inc. v. The National Association o
pendingBrought by a third party · Realogy Holdings Corp. (now Anywhere Real Estate Inc.) · filed 2019-03-06 · United States District Court for the Northern District of Illinois · 1:19-cv-01610
“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., (Case No. 1:19-cv-01610, United States District Court for the Northern District of Illinois).”Page 21 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 (the “Anywhere Settlement Agreement”).”
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., Realogy Intermediate Holdings LLC, Realogy Group LLC, Realogy Services Group LLC, Realogy Brokerage Group LLC (Anywhere Advisors) · filed 2019-06-11 · U.S. District Court, Northern District of California, San Francisco Division · 3:19-cv- 03309-JD
“… Realogy Brokerage Group LLC (f/k/a NRT LLC), and Mojo Dialing Solutions, LLC (Case No.”Page 26 of the 2026 FDD, Item 3
Outcome: “Plaintiffs filed a Motion for Final Approval of the Class Action Settlement on July 24, 2025, which the Court heard on January 29, 2026, and for which a ruling remains pending.”
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
“… ler Williams Realty, Inc., (Case No.”Page 22 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.” (page 23)
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
“… Delaware limited liability company; RE/MAX LLC, a Delaware limited liability company; and Wasatch”Page 26 of the 2026 FDD, Item 3
Outcome: “On August 7, 2025, Plaintiff filed a Notice of Appeal of the dismissal of its claims. The appeal has been fully briefed, and we are awaiting a schedule from the court for argument.” (page 27)
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. (with directors, 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 27 of the 2026 FDD, Item 3
Outcome: “In the Drulias case, a settlement in principle was reached among the parties and, on December 28, 2025, a Memorandum of Understanding was executed under which Anywhere or its successors will cause $450,000”
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, 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 28 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.”
HUD and FTC joint regulatory investigation of Property I.D. Associates, LLC; HUD lawsuit in the Central District of California (May 23, 2007)
settledGovernment or regulatory action · Realogy Group, NRT, Coldwell Banker Residential Brokerage (the Realogy parties); subpoenas also went to the franchisor · filed 2007 · United States District Court, Central District of California
“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.”Page 29 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.”
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.
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?