Josh Flagg from Million Dollar Listing has resolved the legal dispute with a fellow real estate agent who accused him of fraud, avoiding a scheduled trial, In Touch has exclusively learned.
Court records obtained by In Touch show that Brenton Davis, who initiated the lawsuit in March 2023, informed the court that a settlement had been reached. The settlement outlines specific terms, with the final resolution expected within 45 days.
Davis alleged that Flagg promised a 50/50 commission split on expired listings but failed to uphold the agreement
Brenton indicated his intention to file for dismissal by November 20, and documents revealed that the settlement was agreed upon on September 20. Under the terms, Josh, aged 38, agreed to pay Brenton $30,000 in total. The payment plan includes three installments of $10,000, with the first due within 30 days, the second within 45 days, and the last by 60 days.
Both parties verbally agreed to the settlement in court, according to the minute order. Brenton had previously accused Josh of both fraud and breach of contract in his lawsuit.
Having worked in real estate since 2003, Brenton joined Josh at Rodeo Realty in 2013, while Josh has held a real estate license since 2005. Brenton alleged that Josh advised him to find expired real estate listings through the Multiple Listing Services (MLS) database and contact owners on Josh’s behalf, with the understanding that they would split any commissions 50/50.
The lawsuit detailed that Brenton discovered an expired listing for a West Hollywood condo in February 2021. Initially listed at $5.29 million, Brenton introduced Josh to the owners, and Josh became the listing agent. The condo was eventually sold for $4.8 million in April 2022, but Brenton claimed Josh never fulfilled his promise to pay the agreed commission.
The lawsuit sought both unspecified and punitive damages. Josh denied all wrongdoing, asserting through his legal team that any losses Brenton experienced were due to his own actions.
Josh’s legal defense also argued that no formal, enforceable agreement existed and claimed that Brenton’s conduct had disrupted his business relationships with clients.
Josh’s response pointed out that Brenton, not being a licensed broker, was not entitled to any compensation from the listing. Josh has been a key figure on Million Dollar Listing since 2008, wrapping up season 15 of the reality show recently.
In June, he revealed a new boyfriend on Instagram, later telling The Daily Dish that their relationship is progressing well as they split time between Los Angeles and New York City.
