
In a notable turn in the Masiello commission lawsuit, the plaintiff, along with Realty ONE Group Arizona, has filed a motion to dismiss the brokerage from the ongoing case.
This request was presented to the U.S. District Court in Phoenix on Thursday, December 6, 2024.
The Dismissal Request
The impetus for this dismissal request arises from Realty ONE Group’s recent settlement in the Gibson case, which received final approval in late October.
In their joint filing, the parties argued that with this settlement in place, there are no remaining claims against Realty ONE Group Arizona, thus justifying its removal from the lawsuit with prejudice.
Background of the Case
The Masiello case first emerged in January 2024, forming part of a broader wave of commission lawsuits triggered by the jury verdict in the Sitzer/Burnett case.
Initially, several defendants were named, including not only Realty ONE Group but also the Arizona Association of Realtors, the Phoenix Association of Realtors, the Scottsdale Area Association of Realtors, and West and Southeast Realtors of the Valley Incorporated.
Additionally, several brokerage firms like HomeSmart, My Home Group, and Realty Executives were encompassed within the suit.
Settlement and Implications
In April 2024, Realty ONE Group revealed its intentions to settle the claims made against it, paving the way for this latest motion to dismiss.
This step reflects the evolving legal landscape following the settlement agreement, indicating a significant shift in the proceedings.
Source: Housingwire