Representing Plaintiffs Since 1895

REALTYSOUTH ABC FEE CLAIMS PROCESS FREQUENTLY ASKED QUESTIONS

Q: What is this lawsuit about?

A: The lawsuit is about whether RealtySouth violated the law by charging a separate and distinct $149 ABC Fee to individuals, in connection with a federally related real estate closing, for which the fee was unearned.  If you paid an ABC Fee in connection with a closing, you can file a claim in order to be eligible to receive a cash payment.

Q: Where can I get a claim form?

A: Click here to download a claim form.

Q: In what ways can I submit my claim?

A: By mail to the claims administrator postmarked no later than December 15, 2010; by fax to the claims administrator at 1-507-384-0024; or, by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Q: What is the time period covered by this claims process?

A: September 23, 2003, through March 1, 2009?

Q: What if I paid an ABC Fee before September 23, 2003, or after March 1, 2009?

A: You are not a member of the class and cannot make a claim under this claims administration process.

Q: What is a settlement statement?

A: A settlement statement is a list of items paid at the closing of your real estate.  It is on this document that the ABC Fee (Administrative Brokerage Commission) should be listed.  To view a sample settlement statement click here.

Q: Do I have to sign the Declaration on the claim form?

A: Yes.  This is your attestation to the Court and claims administrator that the information you are providing in response to the questions is true and correct to the best of your knowledge.

Q: How much money will I get?

A: If you submit a valid Claim Form and settlement statement by December 15, 2010, you could receive up to $447.

Q: What do you mean in question 10 by “did you pay without reimbursement from anyone else such as your real estate agent or the other party to the transaction, an ABC Fee?”

A: During the litigation, there was some testimony that sometimes the customer refused to pay the ABC Fee and the real estate agent or the other party (buyer or seller depending on the situation) agreed to pay the fee.  If someone else paid the ABC Fee, you are not entitled to recover.  If you paid the fee as part of your overall financing, you are entitled to recover even though the proceeds to pay the fee came from your bank loan or the sales proceeds.

Q: Who are the “federal judiciary for the Northern District of Alabama?”

A: The federal judiciary are the federal court judges for Alabama's Northern District.  The judges who make up the judiciary are listed here: www.alnd.uscourts.gov/Local/DC_judicial_officers.htm

Q: What should I do if I cannot find my settlement statement?

A: If you don't have a copy of your statement, you should contact the closing attorney’s office that handled your closing and request a copy of your statement from them.  Alternatively, you may contact your real estate agent's office and ask if that office still retains a copy of your settlement statement that they could send to you.

Q: When is the deadline to submit a claim?

A: December 15, 2010.

Q: What if I have questions not answered here?

A: Call the claims administrator at 1-877-541-3050, or you may call class counsel at the law firm of Hare, Wynn, Newell & Newton, LLP at 1-800-568-5330.