Grounds for Appeal in Sitzer: Missouri State Law

Heard it through the grapevine...

8th Circuit Court of Appeals

A reader sent along the information about a possible legal basis for appeal of the $5.35 billion verdict in Sitzer v. NAR. From HousingWire:

Darryl Frost, a spokesperson for Keller Williams, said that crucial evidence was not allowed to be entered and alluded to an appeal being filed.

“We are disappointed that before the jury decided this case, the court did not allow them to hear crucial evidence that cooperative compensation is permitted under Missouri law,” he said in a statement following the verdict. “This is not the end. Keller Williams followed the law regarding cooperative compensation and stands by the evidence presented on the 100-year-old practice of sellers’ agents offering commissions to other agents who help market and sell homes. Looking forward, we will consider all options as we assess the verdict and trial record, including avenues of appeal.” [Emphasis added]

I didn’t look into this, obviously, since the court did not allow it to be entered into evidence and argued before the jury.

But now that it’s out there, let’s take a look at this crucial evidence and theorize on how that appeal might go.