Taking the blame for being "possibly too subtle" in his instructions to jurors, a federal judge yesterday declared a mistrial in RE/MAX's lawsuit against two of the area's largest real estate companies, Smythe, Cramer Co. and Realty One.

The jury's found on June 8, in the first phase of its deliberations, that the two companies had conspired to damage Re/Max through adverse commissions, but during the penalty phase, the jury was confused over whether the conspiracy hurt home buyers and sellers.

RE/MAX plans to take the case to another jury.