Will The NAR Settlement Make It To The Closing Tab…


As the Nov. 26 hearing for final approval of the NAR commission lawsuit settlement approaches, voices from all sides are questioning its wisdom.

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Each week on The Download, Inman’s Christy Murdock takes a deeper look at the top-read stories of the week to give you what you’ll need to meet Monday head-on. This week: As the Nov. 26 hearing for final approval of the National Association of Realtors commission lawsuit settlement approaches, voices from all sides are questioning its wisdom.

It was just over a year ago on Halloween that the Sitzer | Burnett verdict was rendered, setting in motion a year of drama, questions and concerns that roiled the real estate industry. On March 15, NAR reached its settlement with implementation set to go into effect no later than Aug. 17. In the minds of many, that implementation was more or less the last word on all of this unpleasantness, although the final approval wasn’t set to be given until Nov. 26.

EXTRA: Judge grants final approval to 9 commission lawsuit settlements

Now, however, one of the members of the settlement class — who also happens to be a law professor with a lot of opinions about the post-settlement landscape — is questioning whether the settlement itself is even valid and is fighting against its finalization.

The University of Buffalo contracts law professor who has repeatedly critiqued new transaction forms since NAR’s proposed settlement was implemented is now taking her fight to the judge.

Tanya Monestier, who sold a home in Rhode Island in…