With so many twists and turns over the past few years in what has likely been the most impactful residential real estate trial of all time, it’s not surprising that even the accepted name of the class-action lawsuit hasn’t been uniformly agreed upon.Â
It started simply as Sitzer, named for Joshua Sitzer, one of the two original plaintiffs. Others joined, including Scott and Rhonda Burnett, thus it became Sitzer-Burnett. Sitzer would drop out, so it was then just Burnett. While the courts have officially referred to the case as Sitzer, despite Sitzer himself being absent, different media outlets went with their own choices.
The landmark case will likely come to what is essentially a conclusion tomorrow in Kansas City, when Judge Stephen R. Bough, of the U.S. District Court in Kansas City, Missouri, is expected to affirm the judgment and approve settlements in the hundreds of millions of dollars from the National Association of REALTORS® (NAR) and HomeServices of America.
RISMedia has literally been on the case on a daily basis as it developed, well before most in the industry knew the impact it would eventually have—particularly on buyer agent commissions. The following timeline traces major developments—from Sitzer’s certification as a class-action, to the verdict last fall and beyond. Although there will likely be appeals, as well as copycat litigation, a final approval of the settlements by Bough on Tuesday (which is likely, but not guaranteed) will serve as an endpoint for one of the most significant changes in the history of the industry.
Look for our on-the-scene coverage here with Jesse Williams, content director for RISMedia’s Premier, reporting from Kansas City.
April 29, 2022
U.S. District Court Deals a Blow to NAR and Major Franchisors in MLS Policy SuitÂ
The beginning. A legal conflict with potentially disastrous implications for the real estate industry has come to a head, pushing leaders across the industry to take swift action.
June 3, 2022
Understanding the Lawsuits Threatening Agent Commission
Keeping track of the top court cases carrying significant implications.
July 21, 2023
Looming Commission Lawsuit Trial Spurs Talks of Improved Transparency
The lawsuit could catalyze effective and meaningful change in how practitioners can guide consumers in the future.
September 5, 2023
Anywhere Preliminary Settlement Reached in Commission Lawsuits
The company is the first to seek a settlement before the trial begins. More would follow.
September 29, 2023
NAR Accuses Lawsuit Plaintiffs of Attempting to Dodge Cross-Examination
Pre-trial maneuvering makes news before the court case begins.
October 11, 2023
NAR Suffers Further Court Setbacks as Plaintiffs Preview Potential Damages
Bough allowed some plaintiffs to not have to testify at trial, and permitted them to know about recent settlements.
October 13, 2023
Real Estate’s Heavy Hitters Gather in Kansas City to Testify in Milestone Commissions TrialÂ
RISMedia Founder and CEO John Featherston and Executive Vice President Maria Patterson also on location as trial begins.
October 16, 2023
Continued Jury Selection Delays Opening Statements in Burnett v. NAR Trial
Opening statements delayed as attorneys continued to vet potential jurors during an extended voir dire process.Â
October 17, 2023
NAR Lawyers Tell Jurors Not to Fall for ‘Shell Game’ as Burnett Trial Kicks Off
Lead attorneys for both the plaintiffs and the defendants forcefully laid the groundwork for their respective cases.
October 18, 2023
Plaintiffs Grill 3 of Real Estate’s Most Powerful Players
Bob Goldberg, Gino Blefari and Gary Keller testified via pre-recorded deposition.
October 19, 2023
Plaintiffs Take Stand as Burnett Trial Heats Up
The class representatives for the plaintiffs—recent homesellers in the Missouri area—took the stand live to tell their stories, guided by lead attorney Michael Ketchmark.
October 20, 2023
‘Expert Witness’ and NAR Clash on Alleged Collusion
Tempers flared among legal teams as the trial intensity ramped up.
October 24, 2023
Goldberg Takes Stand as NAR Defends Value of Buyer Agents
Then-NAR CEO Bob Goldberg’s testimony was all about the basics for the REALTOR® trade organization.
October 26, 2023
Judge Denies Petition for Mistrial; NAR Loses Bid for Immediate Judgment
Alleged misconduct and prejudicial actions by the plaintiffs did not warrant starting over in front of a new jury, judge rules.
October 31, 2023
Plaintiffs Triumph in Burnett Case as Jury Finds NAR, Brokerages Conspired to Fix Prices
The landmark class-action case delivered a massive blow to organized real estate, with an eight-member jury awarding $1.78 billion to the plaintiffs.
March 15, 2024
NAR Agrees to Major Rule Changes Beginning in July, Pays $418 Million to Settle Commission SuitsÂ
The broader real estate industry is forced to quickly digest significant—though hardly unprecedented—changes to their business, with the potential effects on revenue, commissions and operational structures still theoretical.
May 9, 2024
Judge Approves Seller Settlements, With Limited Buyer Protections
Broad immunity granted to three brokerages based on allegations they conspired on rules that inflated real estate compensation at the expense of consumers.
