On August 19, the Eighth Circuit Court of Appeals affirmed the lower court's approval of the Sitzer/Burnett settlement (NAR Settlement). Importantly, this decision upheld the practice changes, and terms of the settlement remain fully in effect.
NAR shared the following statement in response: "This decision allows NAR and the industry to stay focused on serving consumers and members while bringing this chapter of litigation to a close."
While plaintiffs may still petition the U.S. Supreme Court, this decision brings greater certainty to the industry and allows REALTORS® to keep focusing on serving clients under the current rules.
Here's what it means for you:
No new changes are required. The practice changes you've already implemented (written buyer agreements, offers of compensation off the MLS, etc.) remain in effect exactly as they are today.
Legal uncertainty is reduced. The appellate court's affirmation reinforces that the settlement was fair, reasonable, and adequate — reducing the risk that the rules could shift again in the near term.
NAR's settlement obligations continue. NAR will continue to meet its commitments under the settlement, including scheduled payments to the class.
MNR will keep you updated as this litigation develops. As always, reach out to our Legal Affairs team with any continuing questions about how these practice changes apply to your business.