I didn’t really want to write this, because I thought I had already written it a week ago.
But in light of Inman reporting on the Legal Update from NAR, I got more than a few emails and text requests from some of y’all for my take on this.
So I guess I’ll do a Round 2, but dig into things a little bit more. I suspect this may be of interest only to the most legally-minded of you. This is going to get wonky and super law-nerdy. You can skip to the end if all of the legal analysis bores you to tears.
Bottomline: I do not like NAR’s chances on appeal, and I don’t think it matters in the least bit.
As always, I am not an antitrust litigation expert, and I am definitely not your lawyer. Ask your lawyer for an actual legal opinion.
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