FDD Items 3 & 4 · 2025 filing
Re/Max litigation history
What Re/Max disclosed about lawsuits, arbitrations and bankruptcy in the 2025 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
- 18
- Item 3, as counted in the filing
- Largest settlement, franchisor's own cases
- $55.0M
- As stated in Item 3
- Bankruptcy (Item 4)
- None
- Franchisor, parent, predecessor or officer
- Filing year
- 2025
- Disclosures cover the prior ten years
Extracted from the 2025 Franchise Disclosure Document
Item 3: litigation
Primary exposure is the nationwide antitrust "Moehrl/Burnett/Nosalek" buyer-broker-commission litigation against NAR and major brokerages; RE/MAX, LLC settled for $55 million (paid in 3 installments through Q2 2024), with settlement effectiveness pending resolution of appeals. Additional copycat antitrust suits (March, Grace, Willsim, Jensen actions) are stayed pending the settlement appeals. Separately, a small number of franchisee-initiated breach-of-contract/termination disputes and franchisor-initiated collection/termination actions against defaulting franchisees are ongoing, characterized as routine.
Item 3 (litigation) · 18 matters disclosed · 13 pending listed
Litigation cases
The franchisor
Pending (11)
RE/MAX, LLC vs. Beachside Ventures, Inc., James Sanders, John Sanders, Sandra Sanders, and Mary Diane Sanders
pendingBrought against a franchisee · filed 2025-02-07 · United States District Court for the District of Colorado · 25-cv-00409
“… Case No.: 25-cv-00409, pending in the United States District Court for the District of Colorado, filed on February 7, 2025.”Page 24 of the 2025 FDD, Item 3
RE/MAX, LLC vs. Villager Real Estate Services, Inc.
pendingBrought against a franchisee · filed 2025-01-16 · Circuit Court of Cook County, Illinois, Chancery Division · 2025CH00481
“… Case No.: 2025CH00481, pending in the Circuit Court of Cook County, Illinois, Chancery Division, filed on January 16, 2025.”Page 24 of the 2025 FDD, Item 3
Homie Technology, Inc. v. National Association of Realtors, Anywhere Real Estate, Inc., Keller Williams Realty, Inc., HomeServices of America, Inc. HSF Affiliates, LLC, RE/MAX, LLC, and Wasatch Front Regional Multiple Listing Service, Inc.
pendingfiled 2024-08-22 · United States District Court for the District of Utah, Central Division · 24-cv-00616
“… Case No. 24- cv-00616, pending in the United States District Court for the District of Utah, Central Division.”Page 24 of the 2025 FDD, Item 3
Outcome: “The lawsuit alleges certain NAR rules, many of which are at issue in the Moehrl-related antitrust litigations, created a barrier to entry for Homie as a competitor, and that other defendants agreed and/or conspired to implement these rules and engaged in conduct that foreclosed Homie from competing.”
RE/MAX, LLC vs. JL United Realty, LLC and Cheng “Josie” Lin
pendingBrought against a franchisee · filed 2024-01-23 · United States District Court for the District of Colorado · 24-cv-00207
“… Case No.: 24-cv-00207, pending in the United States District Court for the District of Colorado, filed on January 23, 2024.”Page 24 of the 2025 FDD, Item 3
William Siegle vs. RE/MAX, LLC and John/Jane Does 1-10
pendingBrought by a franchisee · filed 2023-02-01 · United States District Court for the District of Colorado · 23-cv-03102
“… Case No.: 23-cv-03102, pending in the United States District Court for the District of Colorado, filed on February 1, 2023. On February 1, 2023, the franchise owner of RE/MAX Hometown in New Jersey, William Siegle, abandoned his franchise and filed a complaint against RE/MAX, LLC in the Superior Court of New Jersey”Page 23 of the 2025 FDD, Item 3
Outcome: “On September 23, 2024, the court granted RE/MAX, LLC’s motion to dismiss plaintiff’s claims with prejudice”
Mya Batton, Aaron Bolton, Michael Brace, Do Yeon Kim, Anna James, James Mullis, Theodore Bisbicos, and Daniel 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, L
pendingfiled 2021-01-25 · United States District Court for the Northern District of Illinois · 21-cv-00430
“Case No. 21-cv-00430, pending in the United States District Court for the Northern District of Illinois, filed on January 25, 2021. On January 25, 2021, a similar action to the Moehrl-related antitrust litigations was filed in the Northern District of Illinois (the “Batton Action”) alleging violations of federal antitrust law and unjust enrichment.”Page 23 of the 2025 FDD, Item 3
Outcome: “On November 22, 2024, the court denied RE/MAX, LLC’s motion to dismiss”
Jennifer Nosalek, Randy Hirschorn, and Tracey Hirschorn v. MLS Property Information Network, Inc., Realogy Holdings Corp., Anywhere Real Estate Inc. (f/k/a Realogy Holdings Corp.), Century 21 Real Estate LLC, Coldwell Banker Real Estate LLC, Sotheby’s International Realty Affiliates LLC, Better Home
pendingfiled 2020-12-17 · United States District Court for the District of Massachusetts · 20-cv-12244-PBS
“Jennifer Nosalek, Randy Hirschorn, and Tracey Hirschorn v. MLS Property Information Network, Inc., Realogy Holdings Corp., Anywhere Real Estate Inc. (f/k/a Realogy Holdings Corp.), Century 21 Real Estate LLC, Coldwell Banker Real Estate LLC”Page 19 of the 2025 FDD, Item 3
Outcome: “The terms of RE/MAX, LLC’s Settlement Agreement extend to plaintiffs in the Nosalek Action.” (page 22)
Christopher Moehrl, Michael Cole, Steve Darnell, Jack Ramey, Daniel Umpa, and Jane Ruh 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,
pendingfiled 2019-03-06 · United States District Court for the Northern District of Illinois · 19-cv-01610
“… Inc., Case No. 19-cv-01610”Page 19 of the 2025 FDD, Item 3
Outcome: “On September 15, 2023, RE/MAX, LLC entered into a Settlement Term Sheet (the “Settlement”) to resolve the Burnett Action and Moehrl Action.” (page 20)
Scott and Rhonda Burnett, Ryan Hendrickson, Jerod Breit, Scott Trupiano, and Jeremy Keel v. The National Association of Realtors, Realogy Holdings Corp., HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC, RE/MAX, LLC, and Keller Williams Realty, Inc.
pendingfiled 2019-04-29 · United States District Court for the Western District of Missouri · 19-cv-00332-SRB
“… Case No. 19-cv-00332-SRB”Page 19 of the 2025 FDD, Item 3
Outcome: “By the terms of the proposed Settlement, RE/MAX, LLC agreed to make certain changes to its business practices and to pay a total settlement amount of $55 million” (page 20)
Salvatore Calabrese, Michael Calabrese, and Related Assets LLC d/b/a RE/MAX Metro, Plaintiffs, v. RE/MAX, LLC d/b/a RE/MAX New York Region (f/k/a RE/MAX International, Inc.), RE/MAX of New York Inc. (n/k/a RMY Holdings Inc.), ABC Corp. Nos. 1-10, Brook Staten Realty LLC, Staten Brook Realty LLC, XYZ
pendingBrought by a franchisee · filed 2018-04-10 · Supreme Court of the State of New York, County of Kings · Index No. 507254/2018
“pending in the Supreme Court of the State of New York, County of Kings, filed on April 10, 2018. On April 10, 2018, former RE/MAX franchise owners Salvatore Calabrese and Michael Calabrese and former franchisee Related Assets LLC d/b/a RE/MAX Metro filed suit against RE/MAX, LLC RE/MAX of New York, Inc. and others relating to the refusal to renew/termination of their three franchise agreements.”Page 19 of the 2025 FDD, Item 3
Outcome: “On February 11, 2019, Plaintiffs amended their complaint and dismissed RE/MAX of New York, Inc.”
Monty March v. Real Estate Board of New York; Real Estate Board Of New York Listing Service; Brown Harris Stevens, LLC; Christie’s International Real Estate LLC; Coldwell Banker LLC; Compass, Inc.; Core Marketing Services LLC; The Corcoran Group, Inc.; Douglas Elliman, Inc.; Elegran Real Estate, D/B
pendingUnited States District Court for the Southern District of New York · 23-cv-09995
“RE/MAX, LLC; Serhant LLC; Sloane Square LLC; and Sotheby’s International Realty Affiliates LLC, Case No. 23-cv-09995, pending in the United States District Court for the Southern District of New York.”Page 22 of the 2025 FDD, Item 3
Outcome: “In the Grace Action, the March Action, and the Willsim Action, the courts ordered a stay of the matters pending resolution of appeals of the Settlement Agreement.” (page 23)
Concluded (1)
Dalton Jensen v. The National Association of Realtors, Anywhere Real Estate Inc., HomeServices of America, Inc., HSF Affiliates, LLC, BHH Affiliates, LC, RE/MAX, LLC, Keller Williams LLC, Keller Williams of Salt Lake, KW St. George Keller Williams Realty, KW Westfield, Equity Real Estate, Century 21
dismissedfiled 2024-02-09 · U.S. District Court for the District of Utah · 24-cv-00109
“… Everest, Realtypath, LLC, Windemere Real Estate SVCS. Co., Case No. 24-cv- 00109”Page 22 of the 2025 FDD, Item 3
Outcome: “In the Jensen Action, plaintiff filed a notice of voluntary dismissal on May 23, 2024, which the court granted the same day.” (page 23)
Status not stated in the filing (1)
RE/MAX, LLC v. Solade Group, Inc., Alexander Martin, Davin Bell, Keith Wilson, and DOES 1 to 10, Inclusive
Brought against a franchisee · filed 2024-01-09 · Superior Court of California, County of Orange, Central Justice Center-Civil Division · 30-2024-01371952-CU-CL-CJC
“… Superior Court of California, County of Orange, Central Justice Center-Civil Division, Case No.: 30-2024-01371952-CU-CL-CJC, filed on January 9, 2024.”Page 24 of the 2025 FDD, Item 3
Parent, affiliates, master franchisor and subfranchisor
Pending (2)
Willsim Latham, LLC v. MetroList Services, Inc., Sacramento Association of Realtors, Inc., Placer County Association of Realtors, Inc., El Dorado County Association of Realtors, Lodi Association of Realtors, Yolo County Association of Realtors, Central Valley Association of Realtors, Amador County A
pendingRE/MAX Holdings, Inc. · filed 2024-01-18 · U.S. District Court for the Eastern District of California · 24-at-00067
“Sutter-Yuba Association of Realtors, RE/MAX Holdings, Inc., Anywhere Real Estate Inc., Keller Williams Realty, Inc., eXp World Holdings, Inc., Norcal Gold Inc., Century 21 Select Real Estate, Inc., William L. Lyon & Associates, Inc. Paul M. Zagaris, Inc., Guide Real Estate, Inc., Case No. 24-at-00067, filed on January 18, 2024 in the U.S. District Court for the Eastern District of California.”Page 22 of the 2025 FDD, Item 3
Outcome: “In the Grace Action, the March Action, and the Willsim Action, the courts ordered a stay of the matters pending resolution of appeals of the Settlement Agreement.” (page 23)
Christina Grace v. National Association of Realtors, RE/MAX Holdings, Inc., Anywhere Real Estate Inc., Keller Williams Realty, Inc., Compass, Inc., eXp World Holdings, Inc., Bay Area Real Estate Information Services, Inc., Marin Association of Realtors, North Bay Association of Realtors, Northern So
pendingRE/MAX Holdings, Inc. · filed 2023-12-08 · U.S. District Court for the Northern District of California · 23-cv-06352
“Christina Grace v. National Association of Realtors, RE/MAX Holdings, Inc., Anywhere Real Estate Inc., Keller Williams Realty, Inc., Compass, Inc., eXp World Holdings, Inc., Bay Area Real Estate Information Services, Inc., Marin Association of Realtors”Page 22 of the 2025 FDD, Item 3
Outcome: “In the Grace Action, the March Action, and the Willsim Action, the courts ordered a stay of the matters pending resolution of appeals of the Settlement Agreement.” (page 23)
This list shows 15 of the 18 matters Item 3 discloses; the rest are in the filing.
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?