It Ain't Over Till It's Over: Analysis of Monestier's 8th Circuit Brief

This is one of two nuclear bomb level lawsuits out there right now...

Hope everyone’s holiday weekend was fantastic; I chose not to work at all and focus on a major shooting competition instead. But I did have this topic in the back of my head all weekend.

The topic is the appeal filed by Tanya Monestier in the 8th Circuit Court of Appeals in the Burnett v. NAR case. In case you missed it, I wrote about Monestier and her objection to the NAR Settlement Agreement last year. She objected as someone who would be covered under the Settlement—a home seller during the time period in question. Except she’s no ordinary seller; she is a law professor at University of Buffalo who has been all over the industry with respect to the Settlement as well as forms promulgated by state REALTOR Associations. Well, her objection having been overruled by the trial court, Monestier has filed an appeal with the 8th Circuit to overturn the Settlement. Her brief arguing for that is now available, and I spent some time looking it over.

Long story short, this is a pretty darn powerful set of arguments. I have no idea whether Monestier will prevail, and I haven’t seen the reply brief from the plaintiffs and NAR (who are now on the same side, wanting the Settlement to be official and done), but… she makes some solid points.

So to quote Jaws 2, just when you thought it was safe to go back in the water…. This saga isn’t over yet.

As always, I am not your lawyer, and none of this is legal advice. This is edutainment. Please consult your own attorney for actual legal opinion.