8th Circ. Judge Wary Of Arbitration Bid In Home Sale Fee Row

Law360 (February 16, 2021, 6:30 PM EST) -- An Eighth Circuit judge appeared skeptical Tuesday about sending a consumer antitrust suit over home sale fees to arbitration after an attorney for HomeServices of America Inc. conceded the real estate brokerage firm had not signed a direct contract with the plaintiffs.

As a three-judge panel examined HomeServices' bid to overturn a lower court loss last April, U.S. Circuit Judge Lavenski Smith cast doubt on the company's effort to invoke a clause signed as part of a home listing agreement between the consumers and two of its subsidiaries named as defendants in the underlying proposed class action.

Judge Smith said arbitration...

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