Burnett v. NAR Summary Judgment Opinion: Per Se Liability!

About a week ago, the judge in the Burnett v. NAR case (formerly Sitzer v. NAR) handed down his ruling in the motion for summary judgment. It did not go well for the defendants. The Inman story by Andrea Brambila does a good job of covering the highlights, so read that in full.

The result is, of course, something I fully expected after reading Judge Bough’s opinion denying the motion to dismiss. Much of it reflected Judge Wood’s memorandum denying the motion to dismiss in the Moehrl case. I wrote about that in 2020. I don’t have stats handy, but you’re rarely going to have a judge so brutally smack down a motion to dismiss, then grant summary judgment.

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Rob Hahn

Rob Hahn

Managing Partner of 7DS Associates, and the grand poobah of this here blog. Once called "a revolutionary in a really nice suit", people often wonder what I do for a living because I have the temerity to not talk about my clients and my work for clients. Suffice to say that I do strategy work for some of the largest organizations and companies in real estate, as well as some of the smallest startups and agent teams, but usually only on projects that interest me with big implications for reforming this wonderful, crazy, lovable yet frustrating real estate industry of ours.

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