January 9, 2024: NAR took an important step in formally challenging the flawed Burnett verdict by filing motions asking the Court to vacate the verdict and enter judgment as a matter of law in favor of NAR or order a new trial. These motions are part of the post-trial process that occurs prior to the filing of an appeal.

As detailed in these briefs, NAR believes they have solid grounds for the continuing objections to this verdict. At trial, NAR presented evidence that the policies in place – including the cooperative compensation Model Rule – promote competition and pro-consumer local MLS broker marketplaces that ensure equity, efficiency, transparency and market-driven pricing options for home buyers and sellers. The plaintiffs, on the other hand, presented no evidence to support their allegations of a conspiracy and did not substantiate their claims that home sellers were harmed.  NAR strongly believes that the jury’s verdict was driven by improper legal instructions that limited the evidence the jury could consider in coming to their decision.

According to the schedule set by the Court, the motions will be fully briefed by mid-March, and the Court will rule on them sometime after that.