Thinking about Monestier's Objection to the NAR Settlement
She has done the work; let's look at what that work means
In case you missed it, University of Buffalo law professor Tanya Monestier has filed a formal objection to the NAR settlement in the commission antitrust cases. It’s a really detailed 132 page legal filing and can be found here. She has helpfully provided a shorter Guide to the Objections as well, which can be found here.
My initial instinct was to dismiss it, since an objection by a random individual in such a major case is unlikely to be taken seriously by the court at all. But… Monetier is not just a random individual. Not only is she a tenured law professor, she has already done studies on the issue, and published guides for buyers and for sellers in the new regime. She has spoken to the DOJ, and with numerous states. If the court would take any individual’s objection seriously, it would be hers.
I thought it worth digging into the objection. Nothing may come of it, and the court could just ignore it. On the other hand, the court might not ignore it and perhaps more importantly, other more powerful entities — for example, one whose name starts with D and ends with Justice — might be influenced to file their own objections.
Let’s dig in, shall we?
As always, I am not your lawyer, and none of this is legal advice. Please consult your own attorney for actual legal advice.
Keep reading with a 7-day free trial
Subscribe to Notorious R.O.B. to keep reading this post and get 7 days of free access to the full post archives.