8 Comments
Nov 6Liked by Rob Hahn

Thanks for this post. You answered my question as to how long NAR has to file an appeal.

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Rob, you have been pretty much on the mark over the past couple of years. Sad thing is that NAR did not take this seriously in the beginning. As all the motions to rid themselves of this case failed and then given class certification, that finally woke them all up out there in Chi Town. But the arrogance continued, basically due to NAR being able to buy/influence their way out of scrutiny in the past. Can't do that in a civil action. This arrogance is what gave the few Realtors who were paying attention hope with all the messaging about 'they just don't get it, we got this covered' attitude. Which is now the same message to the larger group of Realtors who are now paying attention. Good luck! Tarnished name, guilty of a federal offence (appeal or no appeal). But dues paying season is upon us soon, so keep the troops tied to the MLS ball and chain.

Ketchmark pulled off a remarkable win, and then files again within hours. Prepared! He is for sure the talk of every law office in the US. He is most likely being hounded by every legal publication and dog and pony show program/seminar for attorneys. There is meat out there for the lions, and those lions are just starting to get the smell of money. OOPS! I mean meat. This show is just getting started. My guess is there is drafting of other suits going on at this moment. And some of these may not be just about Sellers paying for Buyers Agents. This industry has spent 100 years without getting checked, there are plenty of other vulnerabilities. Don't be surprised if some cases become more local, bringing it home to the Associations.

I was a 90% that the Plaintiffs would win. I'm a 90% that there will be no appeal. Throw a tantrum and TRY to settle is my gut.

Being a Realtor at the moment is like having gum on your shoe. I'm not sure, with all the $100's of millions spent on branding, that NAR would pull a Facebook or Realogy - REBRAND?

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Are NAR, KW and BHHS jointly and severally liable for the damages awarded in this case?

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New reader here, so forgive me if you've already addressed this, but do you have any insight or estimate into when we can expect Judge Bough's formal decision? The court case obviously garnered a lot of attention but it seems like many people aren't talking about his pending decision. Given how brutal his decision is likely to be, it feels like that should be getting more news time.

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