A Court authorized this notice. This is not a solicitation from a lawyer.

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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA A Court authorized this notice. This is not a solicitation from a lawyer. If you were a RealtySouth customer and were involved in a real estate closing at any time from September 23, 2003, to March 1, 2009, you may have a claim for damages in the certified class action suit styled Vicki V. Busby v. JRHBW Realty, Inc., d/b/a Realty South YOU MUST SUBMIT A CLAIM IN ORDER TO BE ELIGIBLE TO RECEIVE PAYMENT OF $447 IN DAMAGES Status of the Lawsuit & How to Make a Claim Vicki Busby, on behalf of herself and other people similarly situated, sued JRHBW Realty, Inc., d/b/a RealtySouth (hereinafter referred to as RealtySouth alleging that RealtySouth violated the Real Estate Settlement Procedures Act ( RESPA by charging individuals a $149 ABC Fee (sometimes called an administrative brokerage commission for which no service was performed. RealtySouth denies the allegations of the lawsuit. The Court certified the case as a class action. tice was sent to all potential class members in December You can find that notice and more information about the case and the claims process at The Court has entered partial summary judgment finding RealtySouth liable as a matter of law for charging a $149 ABC Fee (sometimes referred to as an administrative brokerage commission that was unearned under RESPA. RealtySouth maintains the right to contest an individual s claim for damages by contesting whether or not the person is a member of the class, including whether their transaction is covered by RESPA, and whether they in fact paid the fee or whether it was paid for them. Thus, to receive payment, class members must submit the enclosed claim form and supporting documentation to the claims administrator in order to be eligible for payment. The claim form and accompanying paperwork must be submitted to the claims administrator. The claims administrator is Dahl, Inc. Claim Forms and supporting documentation must be postmarked, ed, or faxed by December 15, Claims should be mailed to: RealtySouth Claims Administrator C/O Dahl, Inc. P.O. Box 2061 Faribault, MN Claim forms and supporting documents may also be faxed to or ed to realtysouthclaims@dahl-inc.com. For those individuals who prove their membership in the class, the damages for an individual claim are the $149 paid to RealtySouth. Those damages are automatically trebled by statute to $447. If you have questions, you may call the claims administrator at You may call class counsel at or you may visit the website DO NOT CALL THE COURT.

2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION VICKI V. BUSBY, Individually and on behalf of all others similarly situated, vs. Plaintiff, JRHBW REALTY, INC., d/b/a REALTYSOUTH, Defendant. Civil Action. 04-CV-2799-S RealtySouth ABC Fee Class Action Class Member Claim Form In order to make a claim for class member benefits: please complete the following claim form; attach the requested documents; sign the federal declaration affirming the truthfulness of your answers; and, return the claim form to the class administrator: RealtySouth Claims Administrator C/O Dahl, Inc. P.O. Box 2061 Faribault, MN Fax: realtysouthclaims@dahl-inc.com If you need assistance in completing the claim form, you may find the answers to most frequently asked questions at the FAQ tab at our website Please check the website first before calling. If you do not find your answer on the website, you may contact class counsel at the Law Firm of Hare, Wynn, Newell and Newton at You may also contact the claims administrator at PLEASE DO NOT CONTACT THE COURT. THIS COMPLETED FORM MUST BE POSTMARKED, ED, OR FAXED NO LATER THAN DECEMBER 15,

3 PERSONAL INFORMATION: 1. State your full name, present address, and either a phone number or address at which you may be contacted by the claims administrator if necessary. First Name Last Name Address City State Zip Code Phone Number - - Address 2. Were you a buyer or seller in the closing of a transaction in which RealtySouth acted as agent, realtor or broker? (check one Buyer Seller I don't know 3. Are you a member of the federal judiciary or the judiciary's immediate family for the rthern District of Alabama? PROPERTY INFORMATION: 4. If you were the buyer, your use of the property following purchase was (check all that apply: (24 C.F.R (b(1(i my principal residence my vacation home which I occupied or intended to occupy at least 14 days per year rental property (including, in a duplex or other multi-unit building, situations in which you lived in one of the units and rented out the others If rental property, what was the total number of units? 1-4 more than 4 If rental property, did you live in one of the units? commercial use (for example, office or retail space agricultural property (for example, farmland If agricultural property, did you live at the property? vacant land more than 25 acres 3

4 5. If you were the seller, the property sold was (check all that apply: my principal residence my vacation home which I occupied or intended to occupy at least 14 days per year rental property (including, in a duplex or other multi-unit building, situations in which you lived in one of the units and rented out the others If rental property, what was the total number of units? 1-4 more than 4 If rental property, did you live in one of the units? commercial use (for example, office or retail space agricultural property (for example, farmland If agricultural property, did you live at the property? vacant land more than 25 acres. FINANCING INFORMATION: 6. If you were the buyer, was the loan you used to purchase the property primarily used for any business or commercial purpose such as creating a rental unit or a doctor s, dentist s or other professional s office, a sales office or other similar business or commercial purpose. 7. If you were the buyer, was your mortgage loan for (or subsequently converted to permanent financing, or was it for temporary financing, such as with bridge and certain types of construction loans? Permanent Financing Temporary Financing 8. If you were the seller, was the buyer s mortgage loan for (or subsequently converted to permanent financing, or was it for temporary financing, such as with bridge and certain types of construction loans? Permanent Financing Temporary Financing IF YOU ARE PROVIDING A COPY OF YOUR CLOSING STATEMENT SKIP TO QUESTION. 10 4

5 9. Was the property involved in the closing transaction located in Alabama? FEE INFORMATION: If you paid an ABC Fee (sometimes called an Administrative Brokerage Commission, a charge for the fee should appear on the Settlement Statement you received concerning your purchase or sale of the property. Attach either a copy of your Final Settlement Statement, or, if paid outside of closing, a copy of your check to establish your entitlement to a payment. 10. Did you pay, without reimbursement from anyone else such as your real estate agent or the other party to the transaction, an ABC Fee (sometimes called an Administrative Brokerage Commission to RealtySouth in connection with the sale or purchase of the property above at anytime between September 23, 2003 and March 1, DOCUMENTATION: 11. PLEASE ATTACH A COPY OF YOUR FINAL SETTLEMENT STATEMENT SHOWING THE PAYMENT OF THE ABC FEE OR ADMINISTRATIVE BROKERAGE COMMISSION. If the fee was paid outside of Closing, attach a copy of the check you wrote to pay the ABC fee. Federal Declaration Under Penalty of Perjury I am over the age of 19 and a resident of the State of, I declare under penalty of perjury that the information provided on the foregoing claim form is true and correct to the best of my knowledge. Executed on this the day of SIGN HERE: 5