FDD Items 3 & 4 · 2026 filing
Coldwell Banker litigation history
What Coldwell Banker 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
Multiple pending and resolved matters including: trademark/breach suit vs former franchisee (won); TCPA class action settled $200K; antitrust commission suits (Moehrl/Burnett settled $83.5M); Nosalek MLS antitrust; Batton buyer-side antitrust/Tuccori opt-in settlement $9.6M; Chinitz TCPA Anywhere Advisors (preliminary settlement); Homie antitrust (dismissed); merger-related stockholder suits (mostly resolved).
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 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”Page 23 of the 2026 FDD, Item 3
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
Within this matter, as the filing narrates it
Neil Binder v. Coldwell Banker Real Estate LLC
pendingBrought by a franchisee · names the franchisor · filed 2022-12-13 · USDC District of New Jersey · 2:22-cv-07425
“Binder filed a new Complaint as a related case, captioned Neil Binder v. Coldwell Banker Real Estate LLC (Civil Action Number 2:22-cv-07425, USDC District of New Jersey). In this related case, Binder again seeks to set aside the judgment against him and also seeks compensatory and punitive damages, claiming that we submitted fraudulent evidence in the original case.”Page 20 of the 2026 FDD, Item 3
Counted as one matter, the way Item 3 groups it.
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”Page 20 of the 2026 FDD, Item 3
Outcome: “On December 29, 2020, the parties entered into a settlement with the individual plaintiff in both this action, and the Valdes action filed 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 ...” (page 21)
Within this matter, as the filing narrates it
Jorge Valdes, individually and on behalf of all others similarly situated v. Century 21 Real Estate LLC
settledBrought by a third party · names an affiliate · Century 21 Real Estate LLC (affiliate) · United States District Court for the District of New Jersey · 2:19-cv-05411
“the Valdes action filed 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)”Page 21 of the 2026 FDD, Item 3
Counted as one matter, the way Item 3 groups it.
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”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. (parent), its directors and CEO · filed 2025-12-11 · Supreme Court of the State of New York, County of New York · 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. (parent), its directors and CEO · filed 2025-12-10 · Supreme Court of the State of New York, County of New York · 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
pendingGovernment or regulatory action · certain Real Estate Affiliates of the franchisor, and Anywhere · filed 2024 · Washington Office of the Attorney General (Civil Investigative Demand)
“… 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”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., parent) · 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
Within this matter, as the filing narrates it
Tuccori v. At World Properties, et al.
pendingnames the parent company · Anywhere Real Estate Inc. (an 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.”Page 25 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.”
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 · Realogy Holdings Corp. (now Anywhere Real Estate Inc., parent) · 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”Page 21 of the 2026 FDD, Item 3
Outcome: “Moehrl and Burnett plaintiffs for $83.5 million” (page 22)
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., parent) · 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 21 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 Realogy subsidiaries (now Anywhere), originally filed against Anywhere Advisors LLC · filed 2019-06-11 · U.S. District Court, Northern District of California, San Francisco Division · 3:19-cv-03309-JD
“(Case No. 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 LLC on June 11, 2019.”Page 26 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., parent) · 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”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. The Court granted final approval of the Anywhere Settlement Agreement on May 9, 2024. The final approval has been appealed by several parties and is currently pending in the Eighth Circuit Court of Appeals.” (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. (parent) · 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”Page 26 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. (parent), its directors and CEO; also names 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: “On January 2, 2026, the Drulias plaintiff filed a notice voluntarily discontinuing the action with prejudice.” (page 28)
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 Realogy subsidiaries (now Anywhere), with PHH defendants · filed 2015-11-25 · United States District Court, Central District of California · 8:15-CV-01973
“(Case No. 8:15-CV-01973, United States District Court, Central District of California). This is a purported class action filed on November 25, 2015 by four California residents against 15 defendants, including Realogy Holdings and certain of its subsidiaries, PHH and PHH Home Loans, alleging violations of Section 8(a) of RESPA.”Page 28 of the 2026 FDD, Item 3
Outcome: “Final judgment was entered on August 27, 2018, and the matter was dismissed. On September 10, 2018, Realogy paid its portion of the settlement in the amount of $8,375,000.” (page 29)
Matter with no printed caption
settledGovernment or regulatory action · Realogy Group (now Anywhere Real Estate Group LLC), NRT and Coldwell Banker Residential Brokerage (the 'Realogy parties'). The franchisor also received an investigative subpoena. · filed 2007-05-23 · United States District Court, Central District of California (HUD lawsuit). The FTC investigation was closed October 24, 2006.
“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. The Court dismissed the case on July 14, 2009.”
4 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 15 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
- Multiple active litigation categories including antitrust commission structure claims and TCPA class actions indicate systemic operational/legal risks
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?