NAR Challenges Sitzer/Burnett Verdict in Post-Trial Motions

Real Estate In-Depth • January 12, 2024
NAR Challenges Sitzer/Burnett Verdict in Post-Trial Motions

By REALTOR® Magazine Staff

Reprinted from REALTOR® Magazine by permission of the National Association of REALTORS®. Copyright 2024. All rights reserved.

KANSAS CITY, MO—In post-trial motions in a U.S. District Court in Kansas City, Mo., where the case was tried in October, the National Association of Realtors asked a federal judge Monday to enter judgment as a matter of law in NAR’s favor in the Sitzer/Burnett case, arguing that the jury lacked a “legally sufficient basis” to find for plaintiffs. The association also requested a new trial if the judge declines to enter judgment as a matter of law.

It’s the first step in NAR’s formal challenge to the verdict, which found defendants liable for keeping agent compensation artificially high. NAR has long maintained that compensation is always negotiable between agents and their clients, which is reinforced by the organization’s MLS rules. NAR expects to appeal the case to the court of appeals if the federal judge in Missouri does not grant NAR’s motions.

“The verdict was wrong and defied precedent, logic and the evidence,” spokesperson Mantill Williams said on behalf of NAR. “We believe we have solid grounds for our continuing objections to the verdict. Our motions detail our arguments that the verdict was wrong on the facts and that the judge applied the wrong law to the case, which played a large part in the jury reaching the incorrect conclusion.”

The case stems from a complaint by a group of home sellers in Missouri who alleged that commission rates are too high, buyer brokers are being paid too much and NAR rules lead to fixed pricing. The sellers argued that buyer representation is obsolete and should only be afforded to wealthy buyers who can pay for the services out of pocket.

At trial, NAR presented evidence that its policies—including the cooperative compensation rule—promote competition and pro-consumer local broker marketplaces that ensure equity, efficiency, transparency and market-driven pricing options for home buyers and sellers. But the judge’s legally erroneous instructions to the jury limited how much the jury could consider such evidence, NAR says, adding that the plaintiffs presented no evidence to support their allegations of a conspiracy and did not substantiate their claims that home sellers were harmed.

The case covers the Missouri markets of Kansas City, St. Louis, Springfield and Columbia.

While buyer agency remains intact during the appeal process, members can continue to focus on ensuring transparency with clients around compensation, NAR attorneys say. In particular, members should stress the negotiability of their compensation in every single transaction. NAR Chief Legal Officer Katie Johnson urges every member to use buyer representation agreements, which offers a prime opportunity for members to explain their value in the transaction, the services they provide and how they’ll be paid. Members also can take the time to talk about how local broker marketplaces benefit buyers and sellers.

When working with sellers, NAR attorneys encourage members to explain how it works in their favor to make an offer of compensation to the buyer’s agent: It makes the home purchase more affordable for buyers, and thus, widens the pool of potential buyers for a property. “Everything you do contributes to a vibrant marketplace,” NAR Senior Counsel and Director of Legal Affairs Charlie Lee said at NAR NXT in November. “We encourage you to continue focusing on your clients and serving them well.”

By Rey Hollingsworth Falu September 1, 2026
Success in real estate is never achieved alone. We are tied to our clients, our colleagues, our communities, and the policies that shape housing. We are also tied to one another through HGAR.
By Real Estate In-Depth August 31, 2026
“Our relocation is more than just a change of address; it represents our continued commitment to growth and providing top-tier service to our clients,”
By Real Estate In-Depth August 31, 2026
The initiative, known as the Hudson Gateway Connector, is intended to build on years of public and private investment in downtown Yonkers .
By Real Estate In-Depth August 28, 2026
The portfolio includes two significant New York properties: iPark 84, a 270-acre business park in East Fishkill, and Trilogy Lofts, a transit-oriented multifamily development in Yonkers.
By Real Estate In-Depth August 28, 2026
The property's location provides convenient access to the Hutchinson River Parkway, I-95 and U.S. Route 1, as well as Bee-Line bus service.
By Real Estate In-Depth August 28, 2026
According to Newburgh Planning Director Ali Church, the study is examining the city's existing metered parking as well as parking needs associated with residential development.
More