The business, financial condition and operating results of the Company can be affected by a number of risks, whether currently known or unknown.
−Removed: For a discussion of our potential risks and uncertainties, please see in Part I, Item 1A of the 2022 Annual Report under the heading “Risk Factors”.
+Added: For a discussion of our potential risks and uncertainties, please see in Part I, Item 1A Risk Factors of the 2023 Annual Report.
Additional risks not currently known to us or that we currently deem to be immaterial also may materially adversely affect our business, financial condition or results of operations in future periods.
Any of these factors, in whole or in part, could materially and adversely affect the Company’s business, financial condition, operating results and stock price.
−Removed: Except for the risk factors disclosed in Part I, Item 1A of 2022 Annual Report, which are hereby incorporated by reference into this Part II, Item 1A of this Form 10-Q, and the additional risk factor set forth below, there have been no material changes to the Company’s risk factors as disclosed in the 2022 Annual Report.
+Added: Except for the risk factors disclosed in Part I, Item 1A of 2023 Annual Report, which are hereby
+Added: incorporated by reference into this Part II, Item 1A of this Quarterly Report, and the modified risk factor set forth below, there have been no material changes to the Company’s risk factors as disclosed in the 2023 Annual Report.
Risks Related to Legal and Regulatory Matters
2 unchanged sentences
Such matters may include, without limitation, RESPA, Telephone Consumer Protection Act of 1991 and state consumer protection law, antitrust and anticompetition, and worker classification claims.
−Removed: Additionally, if plaintiffs or regulatory bodies are successful in such actions, this may increase the likelihood that similar claims are made against the Company and/or our real estate brokers and agents which claims could result
−Removed: in significant liability and be adverse to our financial results if we or our brokers and agents are unable to distinguish or defend our business practices.
+Added: Additionally, if plaintiffs or regulatory bodies are successful in such actions, this may increase the likelihood that similar claims are made against the Company and/or our real estate brokers and agents which claims could result in significant liability and be adverse to our financial results if we or our brokers and agents are unable to distinguish or defend our business practices.
As an example, in the matter of Burnett v.
1 unchanged sentence
District Court for the Western District of Missouri), a federal jury found NAR and certain other remaining brokerage defendants liable for $1.8 billion in damages, which verdict was appealed on October 31, 2023.
−Removed: Additionally, certain other brokerage defendants settled with the plaintiffs, including both monetary and non-monetary settlement terms.
−Removed: That same day, NAR, the Company, Compass, Inc., Redfin Corporation, Weichert Realtors, United Real Estate, Howard Hann Real Estate Services, and Douglas Elliman, Inc.
−Removed: were named as defendants in Gibson v.
+Added: That same day, the Company, along with other brokerage and non-brokerage defendants, were named as defendants in Gibson v.
National Association of Realtors , alleging a similar fact pattern and antitrust violations.
−Removed: The Company is continuing to review the allegations and intends to vigorously defend the action.
+Added: Since that time, the Company has been named as a defendant in additional putative class action lawsuits alleging similar fact patterns and antitrust violations.
+Added: NAR and certain brokerage defendants have settled certain of these lawsuits (which lawsuits remain subject to final court approval), which include both monetary and non-monetary settlement terms.
+Added: Those settlement terms may impact business practices within the industry which could adversely impact the Company’s business, results of operations, and financial condition.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.