What Does NAR Do For Me?

Over recent  months, I’ve read a plate-full of negative postings on social media and news channels concerning the epidemic of Buyer Commission original and copycat lawsuits — mostly with respect to incompetency of attornies representing NAR and brokerage defendants. Add to that, challenges to the NAR press department’s failure to provide relevant responses for their members to discuss with clients and local press.

Regarding Incompetency of  Defendant Counsel

I just reviewed a copy of NAR’s Motion To Dismiss in the Sitzer/Burnett litigation and I encourage you to read (NAR Sugg in Support of Rule 50(b) Mot 01.08.24_).

With all the supporting cases and trial record references, it felt like I was back in law school again (60 years ago!).

Major Takeaways:

  • As stated by Defendant counsel, the Court’s erroneous evidentiary rulings — which were wrong when issued and should now be reconsidered in light of the full trial record — have irrevocably tainted the jury’s verdict
  • Evidence was presented at trial but not admitted, thus misinforming the jury.
  • In summary, the NAR Motion to Dismiss specifically covers NAR’s position that the direct-purchaser requirement bars Plaintiffs’ suit; the Model Rule is not an unreasonable restraint of trade; Plaintiffs presented no evidence that NAR conspired with anyone; and Plaintiffs failed to prove injury or damages resulting from the challenged rule.
  • Contrary to what we’ve heard in social media channels about the incompetence of Defendant attorneys, the trial record shows they performed well in court. They encountered a Judge who invoked the “per se” ruling to instruct the Jury to only consider evidence admitted by the Judge despite what the attorneys may have presented. NAR Jury Instruction 29   
  • INSTRUCTION NO. 4 When I use the word “evidence,” I mean the testimony of witnesses, documents and other things I receive as exhibits, facts that I tell you the parties have agreed are true, and any other facts that I tell you to accept as true.Some things are not evidence. I will tell you now what is not evidence:
    1. Lawyers’ statements, arguments, questions, and comments are not evidence.
    2. Documents or other things that might be in court or talked about, but that I do not receive as exhibits are not evidence.
    3. Objections are not evidence. Lawyers have a right – and sometimes a duty – to object when they believe something should not be a part of the trial. Do not be influenced one way or the other by objections. If I sustain a lawyer’s objection to a question or an exhibit, that means the law does not allow you to consider that information. When that happens, you have to ignore the question or the exhibit, and you must not try to guess what the information might have been.
    4. Testimony and exhibits that I strike from the record, or tell you to disregard, are not evidence, and you must not consider them.
  • see Saul’s 9/2021 post https://thedataadvocate.com/litigation/
  • see https://thedataadvocate.com/will-the-jury-get-the-full-story-in-sitzer-burnett/

Regarding Lack of efficient responses from NAR Press Department

Other than the standard response that the “The National Association of Realtors will respond to this complaint in court.” and sometimes “The cooperative compensation practice makes efficient, transparent, and accessible marketplaces possible,” NAR spokesperson Mantill Williams said.

Now we see more detailed FAQs and talking points to help members discuss the issues with clients and prospects:

NAR’s Topline Key Messages

  • Consumers have the choice to work with a real estate professional or not. Most
    do, recognizing that technology is no substitute for an expert helping them to
    navigate risk, avoid pitfalls, and obtain results.
  • Real estate compensation is always negotiable between agents and their clients. The practice of listing brokers offering compensation to buyer brokers emerged in the free market over decades. It benefits both sellers and buyers.
  • NAR has led our industry forward for more than 100 years by focusing on ethics, professionalism, advocacy, and putting consumers first. The result is transparentand competitive marketplaces, satisfied clients, and stronger communities.
  • More details at NAR Top KMs_15Dec23

NAR’s Top Frequently Asked Questions Updated January 8, 2024 

I am sure there be more information NAR will provide as the Appeal process unfolds.

Stay tuned to https://thedataadvocate.com/


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