NAR Litigation and News Updates
Important updates for DMAR members.
Important updates for DMAR members.
We will continue to update this page regularly with messages from the National Association of Realtors® and other important information for DMAR Realtor® members.
Update: February 16, 2024
Message from Interim CEO Nykia Wright: This is a challenging moment for the real estate industry and for NAR. External commentary has seized on those challenges and purported to tell our story for us. The real story is this: NAR recognizes the challenges of the moment, and we are focused on moving our association and our industry forward. Read More
Update: January 31, 2024
NAR’s Interim CEO Nykia Wright sets the record straight in new video that addresses false claims about commissions in real estate. Learn how NAR makes efficient, transparent and accessible marketplaces possible, serving consumers and advancing homeownership. Watch Here
Update: January 23, 2024
From Katie Johnson, NAR's Chief Legal Officer and Chief Member Experience Officer | Member Experience, Engagement and Legal Affairs: As you may know, last month plaintiffs in some of the cooperative commission lawsuits filed a motion with the Judicial Panel on Multidistrict Litigation (JPML) asking the panel to centralize and transfer various cases to the federal court in the Western District of Missouri, which is where the Burnett case was tried. Centralizing cases with overlapping factual issues into a single multidistrict litigation (MDL) can create a more efficient legal process that avoids inconsistent rulings and conserves the courts' and parties' resources. Today, NAR filed our response to that motion. As we state in our filing, NAR supports centralizing 19 currently pending commission lawsuits, but disagrees with plaintiffs' arguments that it would be most efficient to transfer the cases to the Western District of Missouri. Instead, NAR believes the best venue to hear the pending lawsuits is the federal court in the Northern District of Illinois. Read More
Update: January 19, 2024
A message from NAR President Kevin Sears about recent association developments. Watch Here
Update: January 12, 2024
Sharon Millett and Vince Malta have been appointed as members of the National Association of Realtors®’ Leadership Team effective immediately and following a unanimous vote by the Leadership Team yesterday. Sharon and Vince are well-positioned to serve on our Leadership Team during this critical time for our organization given their significant NAR leadership experience, continuous engagement in our governance and advocacy efforts, and impressive careers as real estate professionals. We look forward to working with them as we continue to lead our industry forward and ensure transparent and competitive marketplaces for American home buyers and sellers. Read More
Update: January 8, 2024
NAR President Tracy Kasper resigns. President-elect Kevin Sears steps into the role effective immediately. Read Here
Update: December 17, 2023
NAR President Tracy Kasper published an op-ed in USA Today called Buying a house? Don't go it alone. A real estate agent can make all the difference. Read Here
Update: December 5, 2023
Suzanne Bouhia, former Ernst & Young (EY) Chief Communications Officer for the Americas, has been appointed Chief Marketing and Communications Officer of the National Association of Realtors® (NAR) effective December 11. She will be leading the Marketing and Communications Group to set the vision, strategy and long-term management approach for communications, branding and marketing at the association. In this role, Bouhia joins NAR's Senior Vice President team responsible for supporting the association's CEO and executing on strategic priorities to advance NAR's mission. Read More
Update: November 7, 2023
As NAR welcomes Interim CEO Nykia Wright, Tracy Kasper discusses the verdict in the Burnett et al v. NAR et al case and provides high-level guidance to help Realtors® understand and communicate about the verdict. Watch Video Here
Update: October 31, 2023
After an 11-day trial in the case of Burnett v. NAR et al, the eight-person jury in a Kansas City, Mo., federal courtroom came back Tuesday and found NAR and other corporate defendants liable in the case. NAR had presented in court that its rules prioritize consumers, support market-driven pricing and promote business competition. This matter is not close to being final as NAR will appeal the jury’s verdict. It will likely be several years before this case is finally resolved. NAR stands by the fact that its guidance for local MLS broker marketplaces ensures consumers get comprehensive, equitable, transparent and reliable home information and that brokerages of any size, service or pricing model get a fair shot at competing. NAR will continue to focus on our mission to advocate for homeownership and always put consumer interests first.
Update: October 30, 2023
On Monday, the final defense witness took the stand, which was followed by instructions by the judge to the jury and closing remarks by lawyers for the plaintiffs and all co-defendants. During NAR’s closing remarks, outside counsel Ethan Glass presented to the jury how there was no evidence to support the plaintiff’s allegations against NAR.
Jury deliberation begins Tuesday.
Update: October 27, 2023
On Friday, four more witnesses took the stand for the corporate defendants. The trial will continue Monday morning with one more witness expected, followed by closing statements, jury instructions and then jury deliberation, which could begin as soon as Monday afternoon. A verdict could then be delivered at any point and likely sometime next week.
Update: October 26, 2023
Thursday, four additional witnesses took the stand for the corporate defendants.
Video testimony of Scott Trupiano, a withdrawn plaintiff, detailed his experiences both purchasing and selling homes. Trupiano recounted how he was very satisfied with his real estate agent and worked with her as both a seller agent and buyer agent for three separate transactions. Trupiano agreed to the terms of the listing agreement each time and rated his agent a nine out of 10 on each transaction, sharing how he valued the services she provided.
David Stevens, who previously served as Assistant Secretary of Housing and Federal Housing Commissioner for the U.S. Department of Housing and Urban Development (HUD) and oversaw FHA programs for Single and Multi-Family Housing, discussed why the current compensation model is not only helpful for both home sellers and buyers but particularly first-time buyers:
Dr. Lawrence Wu, President of National Economic Research Associates, also testified that:
Keller Williams plans to present their witnesses on Friday, with closing arguments by all parties likely to begin on Monday, followed by jury deliberations.
Update: October 25, 2023
On Wednesday, four witnesses took the stand for the corporate defendants who will continue presenting their case throughout the week. Defense expert witnesses are anticipated to take the stand tomorrow and closing arguments could be as early as Monday. HomeServices of America, Inc. filed a motion for mistrial, which the court denied.
Update: October 24, 2023
Tuesday the defense continued their case as NAR CEO Bob Goldberg completed his testimony and NAR Director of Engagement Rodney Gansho took the stand. Gansho explained how Multiple Listing Services (MLSs) and associated rules work and noted:
Update: October 23, 2023
Today, plaintiffs rested their case after presenting testimony from four more witnesses. In the afternoon, the defense began its case and presented NAR CEO Bob Goldberg. Goldberg shared the many functions and benefits of a trade association, and specifically how NAR works to protect, preserve, and advance homeownership, as well as to increase professionalism in the industry, and all for the benefit of consumers. NAR also presented Sharon Millett, NAR Past President and Chairperson of the 1991-92 NAR Presidential Advisory Group on Agency (PAG).
Update: October 21, 2023
On Friday, plaintiffs had three witnesses including one who talked about how commissions work abroad. The following are three perspectives on compensation and the consumer experience in other countries.
Update: October 20, 2023
On Thursday, another seller member of the class and an economics professor testified as plaintiffs' witnesses. Some of the discussion centered on the compensation model in local MLS broker marketplaces. For context:
Update: October 18, 2023
On Wednesday, three members of the class took the stand to testify as to their experience as home sellers, along with other Plaintiff’s witnesses. In addition, the plaintiffs’ attorneys presented recorded video deposition testimony from three NAR witnesses who discussed NAR MLS guidance, including The Clear Cooperation Policy.
Update: October 17, 2023
Tuesday plaintiffs, co-defendants and NAR outside counsel, Ethan Glass, presented opening remarks in the case of Burnett et al v. National Association of Realtors® et al. Glass noted that:
Update: October 15, 2023
Jury selection is scheduled for Monday, Oct. 16, and opening statements are scheduled for Tuesday, Oct. 17.
NAR Position: In response to the marketplace, NAR has developed guidance for local MLS broker marketplaces that supports consumers getting comprehensive, equitable, transparent and reliable home information while brokerages of any size, service or pricing model get a fair shot at competing. The result is an efficient model for brokers to serve sellers and buyers and to enable market-driven pricing and buyer representation for consumers. Realtors® adhere to a strict Code of Ethics and bring incredible expertise to guide consumers through the financial, legal and community complexities of buying or selling a home.