The Notice has been posted because members of the Settlement Class have a right to know about the proposed Settlement of the class action lawsuit in which they are Class Members, and about all of their options before the Court decides whether to approve the Settlement. As set forth below, you had the right to submit to the Court, in writing, any objection you had to the Settlement. Following the close of the objection period, the Court held a public hearing to consider whether the Settlement is fair, reasonable, and adequate. If the Court determined that it was, you and all other Class Members will be bound by the terms of the Settlement.

The Court in charge of the Settlement is Justice Linda S. Jamieson of the Supreme Court of the State of New York, Westchester County. The case before this Court is known as Goldstein et al. v. Houlihan/Lawrence Inc., Index No. 60767/2018 (“Goldstein”). The people who filed this lawsuit are called the Plaintiffs. The company being sued is called the Defendant. Houlihan Lawrence is the Defendant in the Goldstein action.

The lawsuit alleges that Houlihan Lawrence breached fiduciary duties and engaged in deceptive and misleading business practices by acting as the agent for the buyers and sellers in the same residential real estate transaction without disclosing all material facts to the dual agency and obtaining both parties’ informed written consent. Plaintiffs allege that Houlihan Lawrence acted as an undisclosed, non-consensual dual agent in these residential real estate transactions as part of a strategy to increase its in-house sales that included offering undisclosed “in-house bonuses” to its real estate agents to incentivize dual agency sales, and that Houlihan Lawrence forfeited the commissions it collected on those transactions as a result. These claims apply to home sales that occurred in Westchester, Putnam, and Dutchess counties between January 1, 2011 and July 14, 2018. 

Although the Court has authorized notice to be given of the proposed Settlement, the Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side of the lawsuit.

Houlihan Lawrence disputes Plaintiffs’ allegations and denies all liability to Plaintiffs and the Class. You can read the Answer filed by Houlihan Lawrence in the lawsuit on the Important Documents page.

The parties entered into this proposed Settlement on October 3, 2024, after a jury was selected but before the case proceeded to trial.

In a class action, one or more people called class representatives sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The consumers who sued the Defendant — and all the Class Members like them — are called Plaintiffs. The company they sued iscalled the Defendant. One court resolves the issues for everyone in the Class – except for those who choose to exclude themselves from the Class.

Here, the Court decided that a Class can be certified for settlement purposes because it preliminarily meets the requirements of Civil Practice Law and Rules § 908, which governs class actions in New York state court. Specifically, the Court found that: (1) there are numerous people who fit the class definition; (2) there are legal questions and facts that are common to each of them; (3) the Plaintiffs’ claims are typical of the claims of the rest of the Class; (4) Plaintiffs, and the lawyers representing the Class, will fairly and adequately represent the Class Members’ interests; (5) the common legal questions and facts are more important than questions that affect only individuals; and (6) class treatment will be more efficient than having individual lawsuits.

Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims and Defendant’s defenses, the potential issues on appeal, and Houlihan Lawrence’s ability to pay. The parties engaged in lengthy arms-length negotiations under the Court’s supervision to reach the Settlement. Plaintiffs and Counsel for the Settlement Class believe that the proposed Settlement is fair, reasonable, and adequate, and in the best interest of the Class.

Both sides agree that by settling, Houlihan Lawrence is not admitting any liability or that it did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

The Settlement Class consists of all home buyers and sellers of residential real estate in Westchester, Putnam, and Dutchess County, New York from January 1, 2011 and July 14, 2018 in which Houlihan Lawrence represented both buyer and seller in the same transaction, including those who entered into an arbitration agreement with Houlihan Lawrence.

Houlihan Lawrence has agreed to pay $9,000,000 into a Settlement Fund and to eliminate and prohibit the “in-house bonus” payment program.

Class Counsel has asked the Court for an award of attorneys’ fees, costs of the litigation, and Settlement administration expenses of $9,000,000 to be paid out of the Settlement Fund. If approved, the Settlement will not provide for any monetary relief to be paid to any Plaintiffs or members of the Settlement Class. The actual amounts awarded will be determined by the Court to ensure that the amounts of attorneys’ fees and costs awarded are reasonable.

Upon the Court’s approval of the proposed Settlement, all members of the Settlement Class who do not exclude themselves (as well as their representatives) will release Houlihan Lawrence (and its affiliates, subsidiaries, franchisees, employees, and certain others as specified in the Settlement Agreements).

All members of the Settlement Class who did not exclude themselves will release claims whether known or unknown that they ever had, now have, or hereafter may have and that have accrued as of the date of preliminary approval of the Settlement arising from or related to the Released Claims. “Released Claims” means any and all manner of claims, regardless of the cause of action, arising from or relating to conduct that was alleged or could have been alleged in the Action based on any or all of the same factual predicates for the claims alleged in the Action, including but not limited to any claims relating to dual agency, disclosures, RPL 443, GBL 349, bonuses, commissions, teams, advertising, or fiduciary duties in connection with the sale or purchase of any residential home.

This release may affect your rights and may carry obligations in the future. To view the terms of the release, review the Settlement Agreement.

The deadline to request exclusion passed on June 10, 2025.

No. Unless you excluded yourself, you gave up any right to sue Houlihan Lawrence and those affiliated with Houlihan Lawrence for the claims that the Settlement resolves. If you have a pending lawsuit against Houlihan Lawrence or certain affiliated entities, speak to your lawyer in that case immediately. You may have had to exclude yourself from this Class to continue your own lawsuit. The deadline to request exclusion passed on June 10, 2025.

Yes. The Court decided that the law firms Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. and Boies Schiller Flexner LLP are qualified to represent you and all other Settlement Class Members. These lawyers are called “Class Counsel.” You will not be charged for these lawyers. They are experienced in handling similar cases against other entities. More information about the law firms, their practices, and their lawyers’ experience is available at: www.mintz.com and www.bsfllp.com.

Class Counsel represents the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.

Class Counsel has asked the Court for an award of attorneys’ fees, costs of the litigation, and Settlement administration expenses of $9,000,000 to be paid out of the Settlement Fund. If approved, the Settlement will not provide for any monetary relief to be paid to any Plaintiffs or members of the Settlement Class. The actual amounts awarded will be determined by the Court to ensure that the amounts of attorneys’ fees and costs awarded are reasonable.

The deadline to object passed on June 10, 2025.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to a Settlement only if you stay in it. Excluding yourself is telling the Court that you do not want to be part of a Settlement. If you excluded yourself, you had no basis to object because the Settlement no longer affects you.

There was a final Fairness Hearing to consider approval of the proposed Settlement, at 11:00 AM on June 18, 2025, at the New York State Supreme Court, Westchester County, Commercial Division, Courtroom 103, 111 Dr. Martin Luther King, Jr. Blvd., White Plains, NY 10601. The purpose of the hearing was to determine the fairness, reasonableness, and adequacy of the terms of the Settlement, whether the Settlement Class is adequately represented by the Plaintiffs and Class Counsel, and whether an order and final judgment should be entered approving the proposed Settlement. The Court also considered Class Counsel’s application for an award of attorneys’ fees and expenses, and any class representative service awards.

You were represented by Class Counsel at the Fairness Hearing unless you chose to enter an appearance in person or through your own counsel. The appearance of your own attorney was not necessary to participate in the Fairness Hearing.

No. Class Counsel represented the Settlement Class at the Fairness Hearing, but you were welcome to come at your own expense. If you sent any objection, you did not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court considered it. You also could have paid your own lawyer to attend if you wished. The deadline to object passed on June 10, 2025.

You could have asked the Court for permission to speak at the Fairness Hearing. To do so, you must have sent a letter saying that it was your “Notice of Intention to Appear in Goldstein et al. v. Houlihan Lawrence, Index No. 60767/2018.” Being sure to have included your name, address, telephone number and your signature. Your Notice of Intention to Appear must have been postmarked no later than June 10, 2025, and been sent to the Clerk of the Court, Class Counsel and Counsel for Houlihan Lawrence. You could not speak at the hearing if you excluded yourself.

The Notice is only a summary. For a more detailed statement of the matters involved in the lawsuit or the Settlement, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of Court, New York State Supreme Court, Westchester County, Commercial Division, 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601: Goldstein et al. v. Houlihan Lawrence., Index No. 60767/2018. The full Settlement Agreement and certain pleadings filed in the case are also available on the Important Documents page, or they can be requested from Class Counsel identified above or from the Settlement Administrator at contact information from FAQ 9.